HomeMy WebLinkAboutAGENDA PACKET_2021-11-16City Council and Special Housing Authority
Meeting Packet
November 16, 2021
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
David Penaloza
Mayor Pro Tem Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
Nelida Mendoza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
and inclusive process designed to set the City and organization on a course that meets the
challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in
youth • Safe and healthy community • Neighborhood pride • Thriving economic climate •
Enriched and diverse culture • Quality government services
Mission To deliver efficient public services in partnership with our community which ensures
public safety, a prosperous economic environment, opportunities for our youth, and a high
quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •
Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,
voters approved an amendment to the City Charter which established the Code of Ethics and
Conduct for elected officials and members of appointed boards, commissions, and
committees to assure public confidence. The following are the core values expressed: •
Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
Resolution No. 2021066, which allows for teleconferencing pursuant to AB 361, is
set to expire on December 2, 2021. Therefore, virtual participation for City Council
meetings will no longer be available beginning December 3, 2021.
Members of the public may attend the City Council meeting inperson or join via Zoom. The
City Council meeting will occur live via teleconference Zoom webinar. You may view the
meeting from your computer, tablet or smart phone via YouTube LiveStream at
www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and
AT&T Uverse channel 99.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on
closed session items, items on the regular agenda or on matters which are not on the
agenda, but are within the subject matter jurisdiction of the City Council may do so by one of
the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA
92701. All written communications received via mail by 4:00 p.m. on the day of the
meeting will be distributed to the City Council and imaged into the City’s document
archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City
Clerk’s office at eComment@santaana.org. Please note the agenda item you are
commenting on in the subject line of the email. All emails received before 4:00 p.m. on
the day of the meeting will be distributed to the City Council and imaged into the City’s
document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during
the meeting by Zoom or Conference Call. To join by Zoom click on or type the following
address into your web browser https://us02web.zoom.us/j/315965149. To join the
Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will
be prompted by the City Clerk when it is time for a: i) closed session item, ii)
general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing
Authority item. You may request to speak by dialing *9 from your phone or you may
virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or
microphone icon to speak. Callers are encouraged, but not required, to identify
themselves by name. Each caller will be provided three (3) minutes to speak, unless
due to the number of speakers wanting to speak a decision is made to provide a
different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the
podium in the Council Chamber. The Council Chamber will have seating available for
members of the public to attend the meeting inperson up to full capacity. Face
coverings are optional for members of the public who enter City buildings who have
been vaccinated against COVID19. Public comments are limited to three (3) minutes
per speaker, unless a different time is announced by the presiding chair. Speakers who
wish to address the Council must do so by submitting a “Request to Speak” card
by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated
public comment periods as listed below. Cards will not be accepted after the Public
Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
comments on closed session items by joining Zoom or the Conference Call as described in
the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
at 4:30 p.m.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
OPTION above. Speaker queue will open at 4:30 p.m.
3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Mayor Pro Tem David Penaloza
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 200069DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 1 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,
contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable
the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
documentation can be found on the City’s website – www.santaana.org/citymeetings.
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
and inclusive process designed to set the City and organization on a course that meets the
challenges of today and tomorrow, as follows:
Vision The dynamic center of Orange County which is acclaimed for our: Investment in
youth • Safe and healthy community • Neighborhood pride • Thriving economic climate •
Enriched and diverse culture • Quality government services
Mission To deliver efficient public services in partnership with our community which ensures
public safety, a prosperous economic environment, opportunities for our youth, and a high
quality of life for residents.
Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •
Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,
voters approved an amendment to the City Charter which established the Code of Ethics and
Conduct for elected officials and members of appointed boards, commissions, and
committees to assure public confidence. The following are the core values expressed: •
Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
Resolution No. 2021066, which allows for teleconferencing pursuant to AB 361, is
set to expire on December 2, 2021. Therefore, virtual participation for City Council
meetings will no longer be available beginning December 3, 2021.
Members of the public may attend the City Council meeting inperson or join via Zoom. The
City Council meeting will occur live via teleconference Zoom webinar. You may view the
meeting from your computer, tablet or smart phone via YouTube LiveStream at
www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and
AT&T Uverse channel 99.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on
closed session items, items on the regular agenda or on matters which are not on the
agenda, but are within the subject matter jurisdiction of the City Council may do so by one of
the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA
92701. All written communications received via mail by 4:00 p.m. on the day of the
meeting will be distributed to the City Council and imaged into the City’s document
archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City
Clerk’s office at eComment@santaana.org. Please note the agenda item you are
commenting on in the subject line of the email. All emails received before 4:00 p.m. on
the day of the meeting will be distributed to the City Council and imaged into the City’s
document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during
the meeting by Zoom or Conference Call. To join by Zoom click on or type the following
address into your web browser https://us02web.zoom.us/j/315965149. To join the
Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will
be prompted by the City Clerk when it is time for a: i) closed session item, ii)
general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing
Authority item. You may request to speak by dialing *9 from your phone or you may
virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or
microphone icon to speak. Callers are encouraged, but not required, to identify
themselves by name. Each caller will be provided three (3) minutes to speak, unless
due to the number of speakers wanting to speak a decision is made to provide a
different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the
podium in the Council Chamber. The Council Chamber will have seating available for
members of the public to attend the meeting inperson up to full capacity. Face
coverings are optional for members of the public who enter City buildings who have
been vaccinated against COVID19. Public comments are limited to three (3) minutes
per speaker, unless a different time is announced by the presiding chair. Speakers who
wish to address the Council must do so by submitting a “Request to Speak” card
by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated
public comment periods as listed below. Cards will not be accepted after the Public
Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
comments on closed session items by joining Zoom or the Conference Call as described in
the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
at 4:30 p.m.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
OPTION above. Speaker queue will open at 4:30 p.m.
3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Mayor Pro Tem David Penaloza
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 200069DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 2 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •
Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
Resolution No. 2021066, which allows for teleconferencing pursuant to AB 361, is
set to expire on December 2, 2021. Therefore, virtual participation for City Council
meetings will no longer be available beginning December 3, 2021.
Members of the public may attend the City Council meeting inperson or join via Zoom. The
City Council meeting will occur live via teleconference Zoom webinar. You may view the
meeting from your computer, tablet or smart phone via YouTube LiveStream at
www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 and
AT&T Uverse channel 99.
PUBLIC COMMENTS – Members of the public who wish to address the City Council on
closed session items, items on the regular agenda or on matters which are not on the
agenda, but are within the subject matter jurisdiction of the City Council may do so by one of
the following ways:
MAILING OPTION written communications – Public comments may be mailed to:
Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA
92701. All written communications received via mail by 4:00 p.m. on the day of the
meeting will be distributed to the City Council and imaged into the City’s document
archive system which is available for public review.
SENDING EMAIL OPTION – Public comments may be sent via email to the City
Clerk’s office at eComment@santaana.org. Please note the agenda item you are
commenting on in the subject line of the email. All emails received before 4:00 p.m. on
the day of the meeting will be distributed to the City Council and imaged into the City’s
document archive system which is available for public review.
LIVE VIRTUAL OPTION – Members of the public may provide live comments during
the meeting by Zoom or Conference Call. To join by Zoom click on or type the following
address into your web browser https://us02web.zoom.us/j/315965149. To join the
Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will
be prompted by the City Clerk when it is time for a: i) closed session item, ii)
general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing
Authority item. You may request to speak by dialing *9 from your phone or you may
virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the
caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or
microphone icon to speak. Callers are encouraged, but not required, to identify
themselves by name. Each caller will be provided three (3) minutes to speak, unless
due to the number of speakers wanting to speak a decision is made to provide a
different amount of time to speak.
INPERSON OPTION Members of the public can provide inperson comments at the
podium in the Council Chamber. The Council Chamber will have seating available for
members of the public to attend the meeting inperson up to full capacity. Face
coverings are optional for members of the public who enter City buildings who have
been vaccinated against COVID19. Public comments are limited to three (3) minutes
per speaker, unless a different time is announced by the presiding chair. Speakers who
wish to address the Council must do so by submitting a “Request to Speak” card
by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated
public comment periods as listed below. Cards will not be accepted after the Public
Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
comments on closed session items by joining Zoom or the Conference Call as described in
the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
at 4:30 p.m.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
OPTION above. Speaker queue will open at 4:30 p.m.
3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Mayor Pro Tem David Penaloza
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 200069DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 3 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers who
wish to address the Council must do so by submitting a “Request to Speak” card
by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated
public comment periods as listed below. Cards will not be accepted after the Public
Comment Session begins without the permission of the presiding chair.
The following designated public comment periods are:
1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live
comments on closed session items by joining Zoom or the Conference Call as described in
the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open
at 4:30 p.m.
2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA
ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or
the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS
OPTION above. Speaker queue will open at 4:30 p.m.
3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide
comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON
PUBLIC COMMENTS OPTION above.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Mayor Pro Tem David Penaloza
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 200069DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 4 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph
(1) of subdivision (d) of Section 54956.9 of the Government Code:
A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA
CV 200069DOC (DFMx)
B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court
(Central District of California), Case No. SA CV 180155DOC (KESx)
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS – City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 5 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.
RECONVENE – City Council will reconvene to continue regular City business.
CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Rupert Vega, Police Chaplain
CEREMONIAL PRESENTATIONS
1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphony
for Outstanding Contributions to Arts and Culture.
2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) and
PJ Vegas representing the Yoeme Tribe declaring November 2021 as Native American
Heritage Month.
3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,
posthumously, for his Outstanding Service to our Country.
STAFF PRESENTATIONS
4.Homeless Update
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for
ALL comments on agenda and nonagenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 5 through 25.
5.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 6 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.
6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKING
METERS
First reading at the November 2, 2021 City Council meeting and approved by a vote of
70.
Published in the Orange County Reporter on November 5, 2021.
Department(s): Public Works Agency
Recommended Action: Place ordinance on second reading and adopt.
7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Works
and up to $250,000 for Public Works Authorized by the City Manager as Permitted by
Charter Section 421
Department(s): Finance and Management Services
Recommended Action: Receive and file Quarterly Report of Contracts entered into
between July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublic
works contracts and agreements and up to $250,000 for public works contracts and
agreements.
8.Receive and File Quarterly Report of Investments as of September 30, 2021
Department(s): Finance and Management Services
Recommended Action: Receive and file.
9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the TwoYear Term, with Three OneYear Renewal Options
(Specification No. 21101) (General Fund)
Department(s): Police Department
Recommended Action: Award blanket order contracts to JC Dental Supply and
Medzon Health to provide nitrile examination gloves for a twoyear period beginning
November 16, 2021 and expiring November 15, 2023 in the annual aggregate amount
of $150,000 for a total aggregate amount not to exceed $300,000 over the twoyear
period, with provisions for three oneyear renewals by mutual agreement. Subject to
nonsubstantive changes approved by the City Manager and City Attorney.
10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford
Police Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21
053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 7 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)
Department(s): Public Works Agency, Police Department
Recommended Action: Amend the contract with Fairway Ford Sales, Inc., to
purchase 25 additional Ford Police Interceptor vehicles for the Santa Ana Police
Department, for a total amount not to exceed $1,068,909.50 (including a $20,000
contingency), subject to nonsubstantive changes approved by the City Manager and
City Attorney.
11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20007) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Amend the purchase order contract with Stommel, Inc., (dba
Lehr Auto Electric) for police vehicle conversion equipment and installation services
by increasing the contract renewal amount $250,000, for an annual amount not to
exceed $450,000 and a total contract amount not to exceed $1,350,000 for the
remaining three, oneyear renewal periods, subject to nonsubstantive changes
approved by the City Manager and City Attorney.
12.Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (Non
General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an amendment to the
Purchase Order Contract with All American Asphalt for asphalt pothole repair, to
increase the annual amount by $147,800, for a total annual amount not to exceed
$697,800, for the remaining term of the agreement ending on November 30, 2021,
with two optional oneyear renewal options exercisable by the City Manager and City
Attorney, subject to nonsubstantive changes approved by the City Manager and City
Attorney.
13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete
Construction, Inc, the lowest responsible bidder, in accordance with the base bid in
the amount of $360,183, for construction of the Omnibus Concrete Repairs FY 2021
22, for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 8 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the
Amount of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021
22 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21
6466) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to Stephen Doreck
Equipment Rentals, Inc., the lowest responsible bidder, in accordance with the base
bid in the amount of $1,265,465, for construction of the Grovemont Street Water Main
Improvements FY 202122 Project, for the term beginning January 3, 2022, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
15.Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including
Plaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1
Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation
Center (1 Fountain) (NonGeneral Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Service First Contractors Network dba Service First to provide fountain maintenance
services in an annual amount not to exceed $106,170, which includes a 20%
contingency, for a term from January 1, 2022 through December 31, 2023, with two,
oneyear renewal options for a total amount not to exceed $424,680, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
16.Agreement with Patrol Solutions, LLC for unarmed security guard services for
Downtown Santa Ana and Civic Center area (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Patrol Solutions, LLC for unarmed security services for Downtown Santa Ana and
Civic Center area, for a oneyear term, in the amount of $185,990, beginning
November 16, 2021 through November 15, 2022, with an option of two oneyear
extensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 9 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,
and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in an
Amount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Santolucito Doré Group, Inc., to provide completion of final closeout work per
Caltrans requirements and property appraisal services, on an as needed basis, in an
amount not to exceed $149,500, for a threeyear term beginning November 16, 2021
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Santolucito Doré Group,
Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightof
way property appraisal services, in a shared aggregate amount not to exceed
$300,000, for a threeyear term beginning November 16, 2021 and expiring
November 15, 2024, with an option for two, oneyear extensions, subject non
substantive changes approved by the City Manager and City Attorney (Agreement No.
2021XXX).
18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCall
RightofWay Specialty Services Acquisition and Relocation Services in an Amount
Not to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute an agreement with
Monument ROW to provide completion of final closeout work per Caltrans
requirements, acquisition maintenance, and a relocation assistance program, in an
amount not to exceed $149,500 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final closeout work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a threeyear term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, oneyear extensions, subject
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
19.Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 10 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project
and be responsible for the completion of all work in accordance with the contract
subject to nonsubstantive changes approved by City Manager and City Attorney
(Agreement No. 2021XXX).
20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services,
including Europay, MasterCard, Visa and eCommerce Gateway Transaction
Integration and Support in the Amount not to Exceed $172,500, which Includes a
General Contingency of $22,500
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal
agreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit and
credit card payment processing services, including Europay, MasterCard, and Visa
and eCommerce gateway transaction integration and support in an amount not to
exceed $172,500, which includes a general contingency of $22,500. The renewal
agreement shall commence November 16, 2021, and expire June 30, 2022, and will
cover all services provided by Consultant since July 1, 2021, subject to non
substantive changes approved by City Manager and City Attorney (Agreement No.
2021XXX).
21.Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (NonGeneral Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an additional
amount of $130,000, for a total aggregate amount not to exceed $910,000, subject to
nonsubstantive changes approved by the City Manager and City Attorney
(Agreement No. 2021XXX).
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESG
CV) funds to operate the shelter at the Hospitality House through January 31, 2022,
for a total aggregate amount not to exceed $910,000, subject to nonsubstantive
changes approved by the City Manager and City Attorney (Agreement No. 2021
XXX).
22.Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 11 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonths
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a second
amendment to the agreement with Illumination Foundation to extend the term to
operate a temporary shelter at the Fullerton Recuperative Care Center for up to an
additional two months through January 31, 2022, subject to nonsubstantive changes
approved by the City Manager and City Attorney (Agreement No.2021XXX).
23.Adopt a Resolution Approving the Events Permit Policy, including Park Facility
Permits, Film Permits, Land Use Certificates, and Special Event Permits
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution No. 2021XXX – Adopt a Resolution approving
the Events Permit Policy, including park facility permits, film permits, land use
certificates, and special event permits.
24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023
Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – Adopt
Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).
2. Direct staff to incorporate approved Comprehensive Transportation Funding
Program projects into the SevenYear Capital Improvement Program for Fiscal Year
202223.
25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual
Salary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 to
Effect Certain Changes to the City’s Master Salary Schedule in Conformance with
Title 2 of the California Code of Regulations Section 570.5 and the California Public
Employees' Retirement System (CalPERS)
Department(s): Human Resources
Recommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirming
positive evaluation results and approving an adjusted annual salary for the City
Manager, and
2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019
111 to effect certain changes to the City’s Master Salary Schedule in Conformance
with Title 2 of the California Code of Regulations Section 570.5 and the California
Public Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 12 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonthsDepartment(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a secondamendment to the agreement with Illumination Foundation to extend the term tooperate a temporary shelter at the Fullerton Recuperative Care Center for up to anadditional two months through January 31, 2022, subject to nonsubstantive changesapproved by the City Manager and City Attorney (Agreement No.2021XXX).23.Adopt a Resolution Approving the Events Permit Policy, including Park FacilityPermits, Film Permits, Land Use Certificates, and Special Event PermitsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Resolution No. 2021XXX – Adopt a Resolution approvingthe Events Permit Policy, including park facility permits, film permits, land usecertificates, and special event permits.24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – AdoptResolutions Authorizing the City of Santa Ana to submit applications for fundingconsideration under the Measure M2 Comprehensive Transportation FundingProgram 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202223.25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive PerformanceEvaluation Conducted on October 19, 2021 and Approving an Amended AnnualSalary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 toEffect Certain Changes to the City’s Master Salary Schedule in Conformance withTitle 2 of the California Code of Regulations Section 570.5 and the California PublicEmployees' Retirement System (CalPERS)Department(s): Human ResourcesRecommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirmingpositive evaluation results and approving an adjusted annual salary for the CityManager, and2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019111 to effect certain changes to the City’s Master Salary Schedule in Conformancewith Title 2 of the California Code of Regulations Section 570.5 and the CaliforniaPublic Employees' Retirement System (CalPERS).
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident
Stimulus Program (Revive Santa Ana Program)
Department(s): Community Development Agency
Recommended Action: 1. Approve an appropriation adjustment to reallocate
$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 18110013
69001) to the ARPACDA expenditure account (nos. 18118013various) for the
Revive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 prepaid visa cards.
27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy,
and Publishing Timeline for City Council Meeting Agendas
Department(s): City Manager Office
Recommended Action: 1. Approve the first reading of an ordinance amending the
Sunshine Ordinance to expand the number of community meetings for certain
development projects from one to two, increase the radius of distributing noticing of
said community meetings from 500 feet of the subject property to 1,000 feet,
implement a Lobbyist Registration Policy, and revise the timeline to publish City
Council meeting agendas from four days to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prioryear fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual
services ($30,000) expenditure accounts. (Requires five affirmative votes)
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each
Public Hearing item.
28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 13 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonthsDepartment(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a secondamendment to the agreement with Illumination Foundation to extend the term tooperate a temporary shelter at the Fullerton Recuperative Care Center for up to anadditional two months through January 31, 2022, subject to nonsubstantive changesapproved by the City Manager and City Attorney (Agreement No.2021XXX).23.Adopt a Resolution Approving the Events Permit Policy, including Park FacilityPermits, Film Permits, Land Use Certificates, and Special Event PermitsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Resolution No. 2021XXX – Adopt a Resolution approvingthe Events Permit Policy, including park facility permits, film permits, land usecertificates, and special event permits.24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – AdoptResolutions Authorizing the City of Santa Ana to submit applications for fundingconsideration under the Measure M2 Comprehensive Transportation FundingProgram 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202223.25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive PerformanceEvaluation Conducted on October 19, 2021 and Approving an Amended AnnualSalary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 toEffect Certain Changes to the City’s Master Salary Schedule in Conformance withTitle 2 of the California Code of Regulations Section 570.5 and the California PublicEmployees' Retirement System (CalPERS)Department(s): Human ResourcesRecommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirmingpositive evaluation results and approving an adjusted annual salary for the CityManager, and2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019111 to effect certain changes to the City’s Master Salary Schedule in Conformancewith Title 2 of the California Code of Regulations Section 570.5 and the CaliforniaPublic Employees' Retirement System (CalPERS).**END OF CONSENT CALENDAR**BUSINESS CALENDAR26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order toPrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana ResidentStimulus Program (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: 1. Approve an appropriation adjustment to reallocate$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 1811001369001) to the ARPACDA expenditure account (nos. 18118013various) for theRevive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for thepurchase of 20,000 $300 prepaid visa cards.27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing ofCommunity Meetings for Certain Development Projects, Lobbyist Disclosure Policy,and Publishing Timeline for City Council Meeting AgendasDepartment(s): City Manager OfficeRecommended Action: 1. Approve the first reading of an ordinance amending theSunshine Ordinance to expand the number of community meetings for certaindevelopment projects from one to two, increase the radius of distributing noticing ofsaid community meetings from 500 feet of the subject property to 1,000 feet,implement a Lobbyist Registration Policy, and revise the timeline to publish CityCouncil meeting agendas from four days to seven days.2. Approve an appropriation adjustment recognizing $40,000 from prioryear fundbalance in the General Fund and appropriate the same amount to the General Fund,Clerk of the Council Service Enhancement salaries ($10,000) and contractualservices ($30,000) expenditure accounts. (Requires five affirmative votes)**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on eachPublic Hearing item.28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19
Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private
Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de
Orange
Legal Notice published in the Orange County Reporter on November 5, 2021 and
notices mailed on said date.
Department(s): Planning and Building Agency
Recommended Action: Resolution No. 2021XXX – Adopt a resolution affirming the
acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the
Code Enforcement Division description for the recovery of the costs in an amount of
$39,604.19, associated with the execution of the Inspection and Abatement Warrant
on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el
Condado de Orange.
29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of the
City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article
XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing
Opportunity Ordinance
Legal Notice published in the Orange County Reporter on November 5, 2021.
Department(s): Planning and Building Agency
Recommended Action: Consider the recommendations made by the Planning
Commission and take one of the following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended by
the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired by
the City Council.
COUNCILMEMBER REQUESTED ITEMS
30.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza
31.Discuss and Consider Directing City Manager to Direct Staff to Introduce an
Ordinance Establishing Regulations Prohibiting the Unlawful Possession of Catalytic
Converters in the City – Councilmember Lopez
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for
members of the Council to provide a brief oral report on attendance of any regional board or
commission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 14 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonthsDepartment(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a secondamendment to the agreement with Illumination Foundation to extend the term tooperate a temporary shelter at the Fullerton Recuperative Care Center for up to anadditional two months through January 31, 2022, subject to nonsubstantive changesapproved by the City Manager and City Attorney (Agreement No.2021XXX).23.Adopt a Resolution Approving the Events Permit Policy, including Park FacilityPermits, Film Permits, Land Use Certificates, and Special Event PermitsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Resolution No. 2021XXX – Adopt a Resolution approvingthe Events Permit Policy, including park facility permits, film permits, land usecertificates, and special event permits.24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – AdoptResolutions Authorizing the City of Santa Ana to submit applications for fundingconsideration under the Measure M2 Comprehensive Transportation FundingProgram 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202223.25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive PerformanceEvaluation Conducted on October 19, 2021 and Approving an Amended AnnualSalary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 toEffect Certain Changes to the City’s Master Salary Schedule in Conformance withTitle 2 of the California Code of Regulations Section 570.5 and the California PublicEmployees' Retirement System (CalPERS)Department(s): Human ResourcesRecommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirmingpositive evaluation results and approving an adjusted annual salary for the CityManager, and2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019111 to effect certain changes to the City’s Master Salary Schedule in Conformancewith Title 2 of the California Code of Regulations Section 570.5 and the CaliforniaPublic Employees' Retirement System (CalPERS).**END OF CONSENT CALENDAR**BUSINESS CALENDAR26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order toPrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana ResidentStimulus Program (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: 1. Approve an appropriation adjustment to reallocate$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 1811001369001) to the ARPACDA expenditure account (nos. 18118013various) for theRevive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for thepurchase of 20,000 $300 prepaid visa cards.27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing ofCommunity Meetings for Certain Development Projects, Lobbyist Disclosure Policy,and Publishing Timeline for City Council Meeting AgendasDepartment(s): City Manager OfficeRecommended Action: 1. Approve the first reading of an ordinance amending theSunshine Ordinance to expand the number of community meetings for certaindevelopment projects from one to two, increase the radius of distributing noticing ofsaid community meetings from 500 feet of the subject property to 1,000 feet,implement a Lobbyist Registration Policy, and revise the timeline to publish CityCouncil meeting agendas from four days to seven days.2. Approve an appropriation adjustment recognizing $40,000 from prioryear fundbalance in the General Fund and appropriate the same amount to the General Fund,Clerk of the Council Service Enhancement salaries ($10,000) and contractualservices ($30,000) expenditure accounts. (Requires five affirmative votes)**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on eachPublic Hearing item.28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19Incurred by the City for Weed, Rubbish, and Garbage Abatement Within PrivateProperty Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado deOrangeLegal Notice published in the Orange County Reporter on November 5, 2021 andnotices mailed on said date.Department(s): Planning and Building AgencyRecommended Action: Resolution No. 2021XXX – Adopt a resolution affirming theacceptance of the Weed, Rubbish, and Garbage Abatement report and confirm theCode Enforcement Division description for the recovery of the costs in an amount of$39,604.19, associated with the execution of the Inspection and Abatement Warranton May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en elCondado de Orange.29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of theCity Council of the City of Santa Ana Repealing and Reenacting in its Entirety ArticleXVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the HousingOpportunity OrdinanceLegal Notice published in the Orange County Reporter on November 5, 2021.Department(s): Planning and Building AgencyRecommended Action: Consider the recommendations made by the PlanningCommission and take one of the following options:1. Approve first reading of the Ordinance as presented; or2. Approve first reading of the Ordinance incorporating the changes recommended bythe Planning Commission; or3. Approve first reading of the Ordinance with the incorporation of changes desired bythe City Council.COUNCILMEMBER REQUESTED ITEMS30.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza31.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance Establishing Regulations Prohibiting the Unlawful Possession of CatalyticConverters in the City – Councilmember LopezCITY MANAGER COMMENTSCOUNCIL COMMENTSAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time formembers of the Council to provide a brief oral report on attendance of any regional board orcommission meeting or any conference, meeting or event attended.
ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Adjourn in memory of Dr. Gaston Cilliani
Future Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 15 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonthsDepartment(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a secondamendment to the agreement with Illumination Foundation to extend the term tooperate a temporary shelter at the Fullerton Recuperative Care Center for up to anadditional two months through January 31, 2022, subject to nonsubstantive changesapproved by the City Manager and City Attorney (Agreement No.2021XXX).23.Adopt a Resolution Approving the Events Permit Policy, including Park FacilityPermits, Film Permits, Land Use Certificates, and Special Event PermitsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Resolution No. 2021XXX – Adopt a Resolution approvingthe Events Permit Policy, including park facility permits, film permits, land usecertificates, and special event permits.24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – AdoptResolutions Authorizing the City of Santa Ana to submit applications for fundingconsideration under the Measure M2 Comprehensive Transportation FundingProgram 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202223.25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive PerformanceEvaluation Conducted on October 19, 2021 and Approving an Amended AnnualSalary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 toEffect Certain Changes to the City’s Master Salary Schedule in Conformance withTitle 2 of the California Code of Regulations Section 570.5 and the California PublicEmployees' Retirement System (CalPERS)Department(s): Human ResourcesRecommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirmingpositive evaluation results and approving an adjusted annual salary for the CityManager, and2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019111 to effect certain changes to the City’s Master Salary Schedule in Conformancewith Title 2 of the California Code of Regulations Section 570.5 and the CaliforniaPublic Employees' Retirement System (CalPERS).**END OF CONSENT CALENDAR**BUSINESS CALENDAR26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order toPrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana ResidentStimulus Program (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: 1. Approve an appropriation adjustment to reallocate$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 1811001369001) to the ARPACDA expenditure account (nos. 18118013various) for theRevive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for thepurchase of 20,000 $300 prepaid visa cards.27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing ofCommunity Meetings for Certain Development Projects, Lobbyist Disclosure Policy,and Publishing Timeline for City Council Meeting AgendasDepartment(s): City Manager OfficeRecommended Action: 1. Approve the first reading of an ordinance amending theSunshine Ordinance to expand the number of community meetings for certaindevelopment projects from one to two, increase the radius of distributing noticing ofsaid community meetings from 500 feet of the subject property to 1,000 feet,implement a Lobbyist Registration Policy, and revise the timeline to publish CityCouncil meeting agendas from four days to seven days.2. Approve an appropriation adjustment recognizing $40,000 from prioryear fundbalance in the General Fund and appropriate the same amount to the General Fund,Clerk of the Council Service Enhancement salaries ($10,000) and contractualservices ($30,000) expenditure accounts. (Requires five affirmative votes)**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on eachPublic Hearing item.28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19Incurred by the City for Weed, Rubbish, and Garbage Abatement Within PrivateProperty Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado deOrangeLegal Notice published in the Orange County Reporter on November 5, 2021 andnotices mailed on said date.Department(s): Planning and Building AgencyRecommended Action: Resolution No. 2021XXX – Adopt a resolution affirming theacceptance of the Weed, Rubbish, and Garbage Abatement report and confirm theCode Enforcement Division description for the recovery of the costs in an amount of$39,604.19, associated with the execution of the Inspection and Abatement Warranton May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en elCondado de Orange.29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of theCity Council of the City of Santa Ana Repealing and Reenacting in its Entirety ArticleXVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the HousingOpportunity OrdinanceLegal Notice published in the Orange County Reporter on November 5, 2021.Department(s): Planning and Building AgencyRecommended Action: Consider the recommendations made by the PlanningCommission and take one of the following options:1. Approve first reading of the Ordinance as presented; or2. Approve first reading of the Ordinance incorporating the changes recommended bythe Planning Commission; or3. Approve first reading of the Ordinance with the incorporation of changes desired bythe City Council.COUNCILMEMBER REQUESTED ITEMS30.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza31.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance Establishing Regulations Prohibiting the Unlawful Possession of CatalyticConverters in the City – Councilmember LopezCITY MANAGER COMMENTSCOUNCIL COMMENTSAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time formembers of the Council to provide a brief oral report on attendance of any regional board orcommission meeting or any conference, meeting or event attended.ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authoritymeeting.Adjourn in memory of Dr. Gaston CillianiFuture Items
1. Mental Health Mobile Outreach Services
2. General Plan Update
3. Housing Element Update
SPECIAL HOUSING AUTHORITY
CALL TO ORDER
ATTENDANCE Authority Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vice Chair David Penaloza
Chair Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
PUBLIC COMMENTS – Members of the public may address Housing Authority on items on
the Special Housing Authority agenda.
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Item: 1.
1.Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse absent members.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR
JOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY
2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &
Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical and
Advisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 16 11/16/2021
City Council and Special Housing AuthorityMeeting PacketNovember 16, 2021CLOSED SESSION MEETING – 5:00 PMREGULAR OPEN MEETING – 5:45 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Vicente SarmientoMayorThai Viet PhanCouncilmember – Ward 1 David PenalozaMayor Pro Tem Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 Nelida MendozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Kristine RidgeCity Manager Daisy GomezClerk of the CouncilIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/citymeetings.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyResolution No. 2021066, which allows for teleconferencing pursuant to AB 361, isset to expire on December 2, 2021. Therefore, virtual participation for City Councilmeetings will no longer be available beginning December 3, 2021.Members of the public may attend the City Council meeting inperson or join via Zoom. TheCity Council meeting will occur live via teleconference Zoom webinar. You may view themeeting from your computer, tablet or smart phone via YouTube LiveStream atwww.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3 andAT&T Uverse channel 99.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda or on matters which are not on theagenda, but are within the subject matter jurisdiction of the City Council may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA92701. All written communications received via mail by 4:00 p.m. on the day of themeeting will be distributed to the City Council and imaged into the City’s documentarchive system which is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received before 4:00 p.m. onthe day of the meeting will be distributed to the City Council and imaged into the City’sdocument archive system which is available for public review.LIVE VIRTUAL OPTION – Members of the public may provide live comments duringthe meeting by Zoom or Conference Call. To join by Zoom click on or type the followingaddress into your web browser https://us02web.zoom.us/j/315965149. To join theConference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You willbe prompted by the City Clerk when it is time for a: i) closed session item, ii)general agenda item, iii) public hearing item, iv) special agenda item, or v) for HousingAuthority item. You may request to speak by dialing *9 from your phone or you mayvirtually raise your hand from Zoom. After the Clerk confirms the last three digits of thecaller’s phone number or Zoom ID and unmutes them, the caller must press *6 ormicrophone icon to speak. Callers are encouraged, but not required, to identifythemselves by name. Each caller will be provided three (3) minutes to speak, unlessdue to the number of speakers wanting to speak a decision is made to provide adifferent amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson up to full capacity. Facecoverings are optional for members of the public who enter City buildings who havebeen vaccinated against COVID19. Public comments are limited to three (3) minutesper speaker, unless a different time is announced by the presiding chair. Speakers whowish to address the Council must do so by submitting a “Request to Speak” cardby 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designatedpublic comment periods as listed below. Cards will not be accepted after the PublicComment Session begins without the permission of the presiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:30 p.m.2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:30 p.m. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanMayor Pro Tem David PenalozaMayorVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph(1) of subdivision (d) of Section 54956.9 of the Government Code:A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SACV 200069DOC (DFMx)B. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)C. City of Santa Ana v. County of Orange, et al., (CrossComplaint), U.S. District Court(Central District of California), Case No. SA CV 180155DOC (KESx)CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken atthe Regular Open Session which will begin immediately following the Closed Session.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.RECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERROLL CALLPLEDGE OF ALLEGIANCE Mayor SarmientoINVOCATIONRupert Vega, Police ChaplainCEREMONIAL PRESENTATIONS1.Certificate of Recognition presented by Councilmember Bacerra to Pacific Symphonyfor Outstanding Contributions to Arts and Culture.2.Proclamation presented by Councilmember Hernandez to Pat Vegas (Redbone) andPJ Vegas representing the Yoeme Tribe declaring November 2021 as Native AmericanHeritage Month.3.Proclamation presented by Councilmember Mendoza to Sgt. Salvador Lujan,posthumously, for his Outstanding Service to our Country.STAFF PRESENTATIONS4.Homeless UpdateCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENT – Public comments will be held during the beginning of the meeting forALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 5 through 25.5.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse the absent members.6.Adopt Ordinance No. NSXXXX – AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36400 OF CHAPTER 36OF THE SANTA ANA MUNICIPAL CODE REGARDING THE LOCATION OF PARKINGMETERSFirst reading at the November 2, 2021 City Council meeting and approved by a vote of70.Published in the Orange County Reporter on November 5, 2021.Department(s): Public Works AgencyRecommended Action: Place ordinance on second reading and adopt.7.Receive and File Quarterly Report of Contracts up to $50,000 for NonPublic Worksand up to $250,000 for Public Works Authorized by the City Manager as Permitted byCharter Section 421Department(s): Finance and Management ServicesRecommended Action: Receive and file Quarterly Report of Contracts entered intobetween July 1, 2021 to September 30, 2021, valued at up to $50,000 for nonpublicworks contracts and agreements and up to $250,000 for public works contracts andagreements. 8.Receive and File Quarterly Report of Investments as of September 30, 2021Department(s): Finance and Management ServicesRecommended Action: Receive and file.9.Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/SafetyGloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed$300,000 Over the TwoYear Term, with Three OneYear Renewal Options(Specification No. 21101) (General Fund)Department(s): Police DepartmentRecommended Action: Award blanket order contracts to JC Dental Supply andMedzon Health to provide nitrile examination gloves for a twoyear period beginningNovember 16, 2021 and expiring November 15, 2023 in the annual aggregate amountof $150,000 for a total aggregate amount not to exceed $300,000 over the twoyearperiod, with provisions for three oneyear renewals by mutual agreement. Subject tononsubstantive changes approved by the City Manager and City Attorney.10.Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional FordPolice Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21053) (NonGeneral Fund)Department(s): Public Works Agency, Police DepartmentRecommended Action: Amend the contract with Fairway Ford Sales, Inc., topurchase 25 additional Ford Police Interceptor vehicles for the Santa Ana PoliceDepartment, for a total amount not to exceed $1,068,909.50 (including a $20,000contingency), subject to nonsubstantive changes approved by the City Manager andCity Attorney. 11.Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) toIncrease Contract Renewal Amount by $200,000 for the Remaining Three RenewalPeriods (Specification No. 20007) (NonGeneral Fund) Department(s): Public Works AgencyRecommended Action: Amend the purchase order contract with Stommel, Inc., (dbaLehr Auto Electric) for police vehicle conversion equipment and installation servicesby increasing the contract renewal amount $250,000, for an annual amount not toexceed $450,000 and a total contract amount not to exceed $1,350,000 for theremaining three, oneyear renewal periods, subject to nonsubstantive changesapproved by the City Manager and City Attorney.12.Amend Purchase Order Contract with All American Asphalt to Increase the AnnualAmount by $147,800 for Asphalt Pothole Repair (Specification No. 18092) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an amendment to thePurchase Order Contract with All American Asphalt for asphalt pothole repair, toincrease the annual amount by $147,800, for a total annual amount not to exceed$697,800, for the remaining term of the agreement ending on November 30, 2021,with two optional oneyear renewal options exercisable by the City Manager and CityAttorney, subject to nonsubstantive changes approved by the City Manager and CityAttorney. 13.Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of$360,183, for the Omnibus Concrete Repairs FY 202122 Project, with an EstimatedProject Delivery Cost of $594,210.50 (Project No. 226970) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to CJ ConcreteConstruction, Inc, the lowest responsible bidder, in accordance with the base bid inthe amount of $360,183, for construction of the Omnibus Concrete Repairs FY 202122, for the term beginning January 3, 2022, and ending upon project completion, andauthorize the City Manager to execute the contract subject to nonsubstantive changesapproved by the City Manager and the City Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$594,210.50, which includes $360,183 for the construction contract; $54,027.50 forcontract administration, inspection and testing; and a $180,000 project contingencyfor unanticipated or unforeseen work.14.Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in theAmount of $1,265,465 for the Grovemont Street Water Main Improvements FY 202122 Project, with an Estimated Project Delivery Cost of $1,645,105 (Project No. 216466) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Award a construction contract to Stephen DoreckEquipment Rentals, Inc., the lowest responsible bidder, in accordance with the basebid in the amount of $1,265,465, for construction of the Grovemont Street Water MainImprovements FY 202122 Project, for the term beginning January 3, 2022, andending upon project completion, and authorize the City Manager to execute thecontract subject to nonsubstantive changes approved by the City Manager and theCity Attorney.2. Approve the Project Cost Analysis for a total estimated construction delivery cost of$1,645,105, which includes $1,265,465 for the construction contract; $189,820 forcontract administration, inspection and testing; and $189,820 in project contingencyfor unanticipated or unforeseen work.15.Approve an Agreement with Service First Contractors Network dba Service First forFountain Maintenance Services located at the Downtown Civic Center, includingPlaza of the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1Fountain), 2nd Street Mall (1 Fountain) and the Santa Ana Regional TransportationCenter (1 Fountain) (NonGeneral Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an agreement withService First Contractors Network dba Service First to provide fountain maintenanceservices in an annual amount not to exceed $106,170, which includes a 20%contingency, for a term from January 1, 2022 through December 31, 2023, with two,oneyear renewal options for a total amount not to exceed $424,680, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 16.Agreement with Patrol Solutions, LLC for unarmed security guard services forDowntown Santa Ana and Civic Center area (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute an agreement withPatrol Solutions, LLC for unarmed security services for Downtown Santa Ana andCivic Center area, for a oneyear term, in the amount of $185,990, beginningNovember 16, 2021 through November 15, 2022, with an option of two oneyearextensions, for a total aggregate amount not to exceed $545,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX). 17.Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources,and Hennessey & Hennessey LLC for OnCall Property Appraisal Services in anAmount Not to Exceed $449,500, for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withSantolucito Doré Group, Inc., to provide completion of final closeout work perCaltrans requirements and property appraisal services, on an as needed basis, in anamount not to exceed $149,500, for a threeyear term beginning November 16, 2021and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Santolucito Doré Group,Inc., Integra Realty Resources, and Hennessey & Hennessey LLC to provide rightofway property appraisal services, in a shared aggregate amount not to exceed$300,000, for a threeyear term beginning November 16, 2021 and expiringNovember 15, 2024, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No.2021XXX).18.Approve Agreements with Monument ROW and Overland, Pacific & Cutler for OnCallRightofWay Specialty Services Acquisition and Relocation Services in an AmountNot to Exceed $649,500 for a ThreeYear Term (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Authorize the City Manager to execute an agreement withMonument ROW to provide completion of final closeout work per Caltransrequirements, acquisition maintenance, and a relocation assistance program, in anamount not to exceed $149,500 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. Authorize the City Manager to execute agreements with Monument ROW andOverland, Pacific & Cutler LLC to provide completion of final closeout work,acquisition maintenance, and a relocation assistance program, in a shared aggregateamount not to exceed $500,000 for a threeyear term beginning November 16, 2021,and expiring November 15, 2024, with an option for two, oneyear extensions, subjectnonsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).19.Approve an Agreement with Arch Insurance Company to Take Over the San LorenzoSewage Lift Station Project (Project No. 063510) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withArch Insurance Company to take over the San Lorenzo Sewage Lift Station Projectand be responsible for the completion of all work in accordance with the contractsubject to nonsubstantive changes approved by City Manager and City Attorney(Agreement No. 2021XXX).20.Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA GlobalPayments, for Debit and Credit Card Merchant Payment Processing Services,including Europay, MasterCard, Visa and eCommerce Gateway TransactionIntegration and Support in the Amount not to Exceed $172,500, which Includes aGeneral Contingency of $22,500Department(s): Finance and Management ServicesRecommended Action: Authorize the City Manager to execute a renewalagreement with TSYS Merchant Solutions, LLC, DBA Global Payments, for debit andcredit card payment processing services, including Europay, MasterCard, and Visaand eCommerce gateway transaction integration and support in an amount not toexceed $172,500, which includes a general contingency of $22,500. The renewalagreement shall commence November 16, 2021, and expire June 30, 2022, and willcover all services provided by Consultant since July 1, 2021, subject to nonsubstantive changes approved by City Manager and City Attorney (Agreement No.2021XXX).21.Approve an Amendment to Agreement with Salvation Army to Operate a TemporaryShelter at the Hospitality House for One Additional Month (NonGeneral Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute:1. An amendment to the agreement with Salvation Army to continue to operate atemporary shelter at the Hospitality House through January 31, 2022 for an additionalamount of $130,000, for a total aggregate amount not to exceed $910,000, subject tononsubstantive changes approved by the City Manager and City Attorney(Agreement No. 2021XXX).2. A first amendment, and any future amendments, to the agreement with SalvationArmy to use $130,000 of additional Emergency Solutions Grant Coronavirus (ESGCV) funds to operate the shelter at the Hospitality House through January 31, 2022,for a total aggregate amount not to exceed $910,000, subject to nonsubstantivechanges approved by the City Manager and City Attorney (Agreement No. 2021XXX). 22.Approve a Second Amendment to Illumination Foundation Agreement to Operate aTemporary Shelter at the Fullerton Recuperative Care Center for up to Two AdditionalMonthsDepartment(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a secondamendment to the agreement with Illumination Foundation to extend the term tooperate a temporary shelter at the Fullerton Recuperative Care Center for up to anadditional two months through January 31, 2022, subject to nonsubstantive changesapproved by the City Manager and City Attorney (Agreement No.2021XXX).23.Adopt a Resolution Approving the Events Permit Policy, including Park FacilityPermits, Film Permits, Land Use Certificates, and Special Event PermitsDepartment(s): Parks, Recreation, and Community ServicesRecommended Action: Resolution No. 2021XXX – Adopt a Resolution approvingthe Events Permit Policy, including park facility permits, film permits, land usecertificates, and special event permits.24.Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 20222023Measure M2 Comprehensive Transportation Funding Program (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Resolution Nos. 2021XXX and 2021XXX – AdoptResolutions Authorizing the City of Santa Ana to submit applications for fundingconsideration under the Measure M2 Comprehensive Transportation FundingProgram 2022 Call for Projects (Agreement Nos. 2021XXX and 2021XXX).2. Direct staff to incorporate approved Comprehensive Transportation FundingProgram projects into the SevenYear Capital Improvement Program for Fiscal Year202223.25.City Manager Evaluation and Adopt a i) Resolution to Reflect Positive PerformanceEvaluation Conducted on October 19, 2021 and Approving an Amended AnnualSalary for the City Manager, and ii) Resolution Amending Resolution No. 2019111 toEffect Certain Changes to the City’s Master Salary Schedule in Conformance withTitle 2 of the California Code of Regulations Section 570.5 and the California PublicEmployees' Retirement System (CalPERS)Department(s): Human ResourcesRecommended Action: 1. Resolution No. 2021XXX – Adopt a Resolution affirmingpositive evaluation results and approving an adjusted annual salary for the CityManager, and2. Resolution No. 2021XXX – Adopt a Resolution amending Resolution No. 2019111 to effect certain changes to the City’s Master Salary Schedule in Conformancewith Title 2 of the California Code of Regulations Section 570.5 and the CaliforniaPublic Employees' Retirement System (CalPERS).**END OF CONSENT CALENDAR**BUSINESS CALENDAR26.Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order toPrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana ResidentStimulus Program (Revive Santa Ana Program)Department(s): Community Development AgencyRecommended Action: 1. Approve an appropriation adjustment to reallocate$2,600,000 from the ARPAFMSA Reserve Appropriations account (no. 1811001369001) to the ARPACDA expenditure account (nos. 18118013various) for theRevive Santa Ana Resident Stimulus Program. (Requires five affirmative votes)2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for thepurchase of 20,000 $300 prepaid visa cards.27.Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing ofCommunity Meetings for Certain Development Projects, Lobbyist Disclosure Policy,and Publishing Timeline for City Council Meeting AgendasDepartment(s): City Manager OfficeRecommended Action: 1. Approve the first reading of an ordinance amending theSunshine Ordinance to expand the number of community meetings for certaindevelopment projects from one to two, increase the radius of distributing noticing ofsaid community meetings from 500 feet of the subject property to 1,000 feet,implement a Lobbyist Registration Policy, and revise the timeline to publish CityCouncil meeting agendas from four days to seven days.2. Approve an appropriation adjustment recognizing $40,000 from prioryear fundbalance in the General Fund and appropriate the same amount to the General Fund,Clerk of the Council Service Enhancement salaries ($10,000) and contractualservices ($30,000) expenditure accounts. (Requires five affirmative votes)**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on eachPublic Hearing item.28.Public Hearing Recovery cost and Expenditures in an Amount of $39,604.19Incurred by the City for Weed, Rubbish, and Garbage Abatement Within PrivateProperty Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado deOrangeLegal Notice published in the Orange County Reporter on November 5, 2021 andnotices mailed on said date.Department(s): Planning and Building AgencyRecommended Action: Resolution No. 2021XXX – Adopt a resolution affirming theacceptance of the Weed, Rubbish, and Garbage Abatement report and confirm theCode Enforcement Division description for the recovery of the costs in an amount of$39,604.19, associated with the execution of the Inspection and Abatement Warranton May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en elCondado de Orange.29.Public Hearing Zoning Ordinance Amendment No. 202103 An Ordinance of theCity Council of the City of Santa Ana Repealing and Reenacting in its Entirety ArticleXVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the HousingOpportunity OrdinanceLegal Notice published in the Orange County Reporter on November 5, 2021.Department(s): Planning and Building AgencyRecommended Action: Consider the recommendations made by the PlanningCommission and take one of the following options:1. Approve first reading of the Ordinance as presented; or2. Approve first reading of the Ordinance incorporating the changes recommended bythe Planning Commission; or3. Approve first reading of the Ordinance with the incorporation of changes desired bythe City Council.COUNCILMEMBER REQUESTED ITEMS30.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance to Ban the Sale of Flavored Tobacco Products – Councilmember Mendoza31.Discuss and Consider Directing City Manager to Direct Staff to Introduce anOrdinance Establishing Regulations Prohibiting the Unlawful Possession of CatalyticConverters in the City – Councilmember LopezCITY MANAGER COMMENTSCOUNCIL COMMENTSAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time formembers of the Council to provide a brief oral report on attendance of any regional board orcommission meeting or any conference, meeting or event attended.ADJOURNMENT – Adjourn the City Council meeting and convene to the Housing Authoritymeeting.Adjourn in memory of Dr. Gaston CillianiFuture Items1. Mental Health Mobile Outreach Services2. General Plan Update3. Housing Element UpdateSPECIAL HOUSING AUTHORITYCALL TO ORDERATTENDANCE Authority Members Phil BacerraJohnathan Ryan HernandezJessie LopezNelida MendozaThai Viet PhanVice Chair David PenalozaChairVicente SarmientoCity Manager Kristine RidgeCity Attorney Sonia R. CarvalhoClerk of the Council Daisy GomezPUBLIC COMMENTS – Members of the public may address Housing Authority on items onthe Special Housing Authority agenda. CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Item: 1.1.Excused AbsencesDepartment(s): Clerk of the Council OfficeRecommended Action: Excuse absent members.**END OF CONSENT CALENDAR**BUSINESS CALENDARJOINT SESSION OF THE CITY COUNCIL AND HOUSING AUTHORITY2.Approve Agreements with Keyser Marston Associates, David Paul Rosen &Associates, and RSG, Inc. for OnCall Affordable Housing Financial, Analytical andAdvisory Services on an As–Needed Basis in a Shared Amount not to exceed
$250,000
Department(s): Community Development Agency
Recommended Action: CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint oncall consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc., for a threeyear term beginning on November 16, 2021, through
November 1, 2024, in a total shared amount not to exceed $250,000, subject to non
substantive changes approved by the City Manager, Executive Director, and City
Attorney (Agreement No. 2021XXX).
**END OF BUSINESS CALENDAR**
HOUSING AUTHORITY MEMBER COMMENTS
ADJOURNMENT – Adjourn the Housing Authority meeting.
City Council 17 11/16/2021
Ordinance No. NS-XXX
Page 1 of 2
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA, AMENDING SECTION 36-
400 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL
CODE REGARDING THE LOCATION OF PARKING
METERS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. Currently, Santa Ana Municipal Code Section 36-400 requires all
parking meters to be placed upon the curb alongside of and next to
parking spaces;
B. Class IV (protected) bikeways have a raised median separating the
parking space and the bikeway from the sidewalk; and
C. The use of protected bikeways requires modification of Santa Ana
Municipal Code Section 36-400 to allow parking meters to be placed on
the sidewalk adjacent to parking spaces.
Section 2. Section 36-400 of Article VIII entitled “Parking Meters” of Chapter 36
of the Santa Ana Municipal Code is hereby amended to read as follows (new language
is underlined and deleted language is stricken):
Sec. 36-400. - Location on sidewalk; space markings.
All parking meters shall be placed upon the sidewalk alongside of adjacent parking
spaces or next to parking spaces. Such parking spaces shall be of sufficient size to
accommodate an automobile and shall indicate parallel or diagonal parking by painted
lines on the pavement.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
City Council 6 –1 11/16/2021
Ordinance No. NS-XXX
Page 2 of 2
Section 4. This ordinance shall become effective thirty (30) days after its
adoption.
Section 5. The Clerk of Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this ____ day of November, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES: Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on ______________, 2021, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: ______________________ ________________________________
Daisy Gomez
Clerk of the Council
City of Santa Ana
City Council 6 –2 11/16/2021
Finance and Management Services
www.santa-ana.org/finance
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Quarterly Report of City Manager Contracts Valued At $50,000 or Less for Non
PWA and At $250,000 or Less for PWA
AGENDA TITLE:
Receive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and
up to $250,000 for Public Works Authorized by the City Manager as Permitted by Charter
Section 421
RECOMMENDED ACTION
Receive and file Quarterly Report of Contracts entered into between July 1, 2021 to
September 30, 2021, valued at up to $50,000 for non-public works contracts and
agreements and up to $250,000 for public works contracts and agreements.
DISCUSSION
Section 421 of the Charter requires the City Manager to submit a Quarterly Report
(Report) to the City Council disclosing all contracts approved and executed under her
authority for informational purposes. The Report is required to include the names of the
contractors and the amounts of each contract along with a brief description.
Section 2-748 provides the City Manager contracting authority to enter into non-public
works contracts and agreements up to $50,000 and public works contracts and
agreements up to $250,000.
Exhibit 1 is a listing of all purchase orders and agreements entered into during the period
July 1, 2021 to September 30, 2021, valued at amounts between $500 and $50,000 for
Non-Public Works and up to $250,000 for Public Works contracts and agreements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Quarterly Report of Contracts – July 1, 2021 – September 30, 2021
City Council 7 –1 11/16/2021
Quarterly Report of Contracts
November 16, 2021
Page 2
2
2
3
1
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 7 –2 11/16/2021
EXHIBIT 1 No. Date Vendor NameType Number Agency AmountDescription1 07/01/21 MCMURRAY STERNBOC 6638POL3,000.00$ SPACESAVER SYSTEM MAINT & REPAIRS2 07/01/21 PVP COMMUNICATIONSBOC 6640POL10,000.00$ MOTOR HELMET & HELMET KIT3 07/01/21 3 STAR SITE SERVICESBOC 6686PWA10,000.00$ RESTROOM & HAND WASH RENTALS4 07/01/21 VORTEX INDUSTRIES INCBOC 6689PWA10,000.00$ DOOR REPAIRS AT WATER RES5 07/01/21 FIRE SAFETY FIRSTBOC 6766PWA10,000.00$ FIRE SYSTEM MAINT/REPAIRS6 07/01/21 FIREMASTERBOC 6767PWA20,000.00$ FIRE EXTINGUISHER SERVICE7 07/01/21 PL HAWNBOC 6768PWA15,000.00$ HVAC FILTERS8 07/01/21 GOLDEN OFFICE TRAILERSBOC 6780PRCS5,000.00$ TRAILER LEASE FOR THE ZOO9 07/01/21 AAA ELECTRIC MOTOR SALEBOC 6786PWA20,000.00$ ELECTRIC MOTOR REPAIRS10 07/01/21 ALANS LAWNMOWER & GARDEN BOC 6788CITYWIDE 20,000.00$ LANDSCAPE EQUIPMENT & REPAIRS11 07/01/21 ALLIED REFRIGERATIONBOC 6789PWA10,000.00$ REFRIGERATION PARTS & SUPPLIES12 07/01/21 BAT JAC GLASSBOC 6791CITYWIDE 20,000.00$ GLASS REPAIRS & EMERGENCY BOARDUPS13 07/01/21 BEE REMOVERSBOC 6792CITYWIDE5,000.00$ BEE HARVESTING SERVICES14 07/01/21 BSN SPORTSBOC 6798CITYWIDE 15,000.00$ SPORTS EQUIPT AND SUPPLIES15 07/01/21 CHANDLERS AIR CONDITIONING BOC 6799CITYWIDE 25,000.00$ APPLIANCES REPAIR & MAINT16 07/01/21 CIVIC CENTER LOCK & SAFEBOC 6800CITYWIDE 20,000.00$ LOCKS, KEYS & LOCKSMITH17 07/01/21 CURLEY WHOLESALE ELECTRICBOC 6801CITYWIDE 23,000.00$ MISC ELECTRICAL SUPPLIES18 07/01/21 DISCOUNT SCHOOL SUPPLYBOC 6802PRCS5,000.00$ EDUCATIONAL MATERIALS FOR19 07/01/21 DIXIE DIESEL & ELECTRICBOC 6803PWA20,000.00$ GENERATOR MAINT & REPAIRS20 07/01/21 DUNCAN PARKINGBOC 6806CDA10,000.00$ PARKING METER PARTS21 07/01/21 EWING IRRIGATIONBOC 6807CITYWIDE 20,000.00$ IRRIGATION SUPPLIES22 07/01/21 GHAIS TREE SERVICEBOC 6808PRCS25,000.00$ TREE & STUMP REMOVAL SERVS23 07/01/21 H L MILLER INCBOC 6809PWA20,000.00$ GEN CONSTRUCTION REPAIRS24 07/01/21 HILLS BROS LOCK & SAFEBOC 6812CITYWIDE 20,000.00$ LOCKSMITH & REPAIR SERVS25 07/01/21 HORIZON DISTRIBUTORSBOC 6813PRCS20,000.00$ LANDSCAPE & IRRIGATION26 07/01/21 HYDROBLASTBOC 6814PRCS20,000.00$ PRESSURE WASHING SERVICES27 07/01/21 IRVINE PIPE & SUPPLY INCBOC 6815CITYWIDE 23,000.00$ NON‐INVENTORY PLUMBING SUPPLIES28 07/01/21 JP GLASS & MIRRORBOC 6816PWA20,000.00$ GLASS REPAIRS & TINTING29 07/01/21 KLUG AUTOMATIONBOC 6817POL25,000.00$ ELECTRONIC SYSTEMS SERVS & PARTS30 07/01/21 LAYNE LABORATORIESBOC 6818PRCS10,000.00$ FROZEN MICE & RATS FOR31 07/01/21 MCFADDEN‐DALE HARDWAREBOC 6821CITYWIDE 20,000.00$ MISC HARDWARE SUPPLIES32 07/01/21 LAKESHORE LEARNINGBOC 6822PRCS5,000.00$ EDUCATIONAL MATERIALS33 07/01/21 MCMASTER CARR SUPPLYBOC 6823CITYWIDE 20,000.00$ INDUSTRIAL & MATERIAL SUPPLIES3407/01/21 PACIFIC MOBILE STRUCTUREBOC 6828PRCS5,000.00$ TRAILER LEASE FOR THE ZOOQuarterly Report of Contracts: July 1 2021 to September 30, 2021Page 1 of 8 City Council 7 – 311/16/2021
No. Date Vendor Name Type Number Agency Amount Description35 07/01/21 PLAYERS CHOICE BOC 6829 CITYWIDE 20,000.00$ AWARDS, TROPHIES & PLAQUES36 07/01/21 PYRO‐COMM BOC 6831 CITYWIDE 13,000.00$ FIRE ALARM MONITORING37 07/01/21 TREE PROS INC BOC 6833 PRCS 25,000.00$ TREE SERVICES38 07/01/21 WALTERS WHOLESALE BOC 6834 CITYWIDE 20,000.00$ LAMPS, BALLASTS, MISC SUPPLIES39 07/01/21 WHITE CAP CONSTRUCTION BOC 6836 CITYWIDE 25,000.00$ CONST MATERIALS, TOOLS, HARDWARE40 07/01/21 HCI SYSTEMS INC BOC 6844 POL 24,600.00$ FIRE ALARM TESTING, INSPECTIONS41 07/01/21 MUTUAL PROPANE BOC 6877 PWA 5,000.00$ PROPANE FUEL42 07/01/21 K C PROPANE BOC 6878 PWA 5,000.00$ PROPANE FUEL43 07/01/21 MEGA OUTDOOR ENTERTAINMENT BOC 6882 PRCS 50,000.00$ MOVIES IN THE PARK44 07/01/21 BIOMETRICS4ALL INC BOC 6896 HR 2,000.00$ BACKGROUND CHECKS45 07/01/21 NIKKI'S FLAG SHOP BOC 6898 CITYWIDE 20,000.00$ FLAGS46 07/01/21 FUEL PROS INC BOC 6900 PWA 5,000.00$ UST ANNUAL COMPLIANCE TESTS47 07/01/21 SC SIGNS AND SUPPLIES BOC 6902 CITYWIDE 20,000.00$ SPECIAL ORDER SIGNS48 07/01/21 LONG BEACH BMW MOTORCYCLES BOC 6904 PWA 5,000.00$ MOTORCYCLE REPAIRS & PARTS49 07/01/21 SMARDAN SUPPLY BOC 6905 CITYWIDE 20,000.00$ NON‐INVENTORY PLUMBING SUPPLIES50 07/01/21 WESSEL MECHANICAL BOC 6907 PWA 15,000.00$ PUMP SERVICES51 07/01/21 PROFESSIONAL ACCESS CCTV BOC 6912 PWA 20,000.00$ SECURA KEY SYSTEM MAINTENANCE52 07/01/21 ARC DOCUMENT SOLUTIONS BOC 6913 CITYWIDE 20,000.00$ REPROGRAPHIC SERVS & TONER53 07/01/21 TOWNSEND SELF STORAGE BOC 6941 PBA 7,500.00$ STORAGE UNIT RENTAL54 07/01/21 MUNICIPAL MAINTENANCE BOC 6944 PWA 20,000.00$ AUTO PARTS & MAINTENANCE55 07/01/21 BRISTOL SPEEDWASH BOC 6946 CITYWIDE 15,000.00$ VEHICLE WASHES & DETAILS56 07/01/21 MCVICKER & ASSOCIATES BOC 6947 CITYWIDE 16,000.00$ MISC SCREENPRINTED ITEMS57 07/01/21 WAXIE SANITARY SUPPLY BOC 6961 CITYWIDE 15,000.00$ MISC JANITORIAL SUPPLIES58 07/01/21 METROPRO ROAD SERVICES BOC 6982 PWA 20,000.00$ TOWING SERVICES59 07/01/21 MAKO OVERHEAD DOOR BOC 6987 PWA 25,000.00$ OVERHEAD DOOR MAINTENANCE60 07/01/21 VCLOUD TECH INC BOC 7000 CITYWIDE 10,000.00$ ADOBE SOFTWARE LICENSES61 07/01/21 SITEONE LANDSCAPE SUPPLIES BOC 7049 CITYWIDE 25,000.00$ NURSERY SUPPLIES & PLANTS62 07/01/21 WILLSCOT BOC 7050 PWA 25,000.00$ MOBILE OFFICE & RESTROOM63 07/01/21 MCVICKER & ASSOCIATES BOC INV PWA 12,000.00$ BASEBALL STYLE CAPS AND64 07/02/21 WHITE CAP CONSTRUCTION SUPPLY PO 124205 PWA 3,319.19$ PAINT, SPRAY, MARKING, 17 OZ.65 07/02/21 POPS KETTLE KORN PO 124206 PRCS 9,000.00$ KETTLE CORN GENERIC BAG66 07/06/21 MAGELLAN ADVISORS, LLC AG N‐2021‐140 IT $ 15,000.00 COMMUNITY BROADBAND MARKET SURVEY67 07/06/21 AMBK, INC. DBA BIOSOCAL AG N‐2021‐141 POL $ 15,000.00 SCENE CLEANUP/JAIL CELL DECONTAMINATION68 07/06/21 MULTI W SYSTEMS, INC. AG N‐2021‐143 PWA $ 50,000.00 SUBMERSIBLE PUMP REPAIR SERVICES69 07/07/21 SHI INTERNATIONAL CORP PO 124208 IT 20,286.00$ SOFTWARE MAINTENANCE RENEWAL70 07/07/21 AEF SYSTEMS CONSULTING AG N‐2021‐144 PRCS 25,000.00$ CONSULTNG SERVS‐MGMT, IT & SOLUTIONS NEEDS71 07/07/21 KEENAN & ASSOCIATES AG N‐2021‐145 HR $ 3,725.00 VIRTUAL EMPLOYEE BENEFITS FAIR72 07/08/21 EPLUS TECHNOLOGY INC PO 124210 IT 8,980.44$ 3YR KEMP ENTERPRISE PLUS SUBPage 2 of 8 City Council 7 – 411/16/2021
No. Date Vendor Name Type Number Agency Amount Description73 07/12/21 RON TURLEY ASSOCIATES INC PO 124211 PWA 5,900.00$ RTA FLEET SOFTWARE TRAINING74 07/12/21 COAST RECREATION INC PO 124212 PRCS 1,013.72$ PLAYGROUND EQUIPMENT REPLACEMENT PARTS75 07/12/21 PLAYPOWER LT FARMINGTON INC PO 124213 PRCS 682.39$ PLAYGROUND PARTS76 07/12/21 GAMETIME PO 124214 PRCS 3,350.80$ PLAYGROUND PARTS77 07/12/21 HOME AID AG N‐2021‐146 CDA $ 41,937.50 MOVE FAMILIES INTO PERMANENT HOUSING78 07/13/21 HILLSBOROUGH FENCE COM PO 124215 PRCS 1,760.00$ FURNISH & INSTALL GATE79 07/13/21 P W GILLIBRAND CO INC PO 124216 PRCS 4,739.94$ SILICA # 20 SAND80 07/13/21 TVL INC PO 124217 POL 2,590.14$ WISETRACK CORE 5 USER SUPPORT81 07/13/21 CARAHSOFT TECHNOLOGY CORP PO 124218 CDA 4,381.60$ DOCUSIGN GVT SOFTWARE RENEWAL82 07/13/21 ORANGE, COUNTY OF AG N‐2021‐147 POL $ 16,661.00 COMPREHENSIVE EMERGENCY MANAGEMENT 83 07/13/21 ORANGE, COUNTY OF AG N‐2021‐148 POL $ 45,724.00 COMPREHENSIVE EMERGENCY MANAGEMENT 84 07/13/21 BARBOZA & ASSOCIATES AG N‐2021‐149 HR $ 50,000.00 PERSONNEL INVESTIGATION & LEGAL ADVICE85 07/16/21 GOVCONNECTION INC PO 124220 IT 6,321.13$ SOFTWARE MAINT RENEWAL86 07/19/21 SAFETY DYNAMICS GROUP, INC PO 124223 HR 2,500.00$ ONSITE TRAINING, CPR/AED/1ST AID, ETC87 07/19/21 B&H PHOTO VIDEO PO 124224 FMS 719.17$ AFTERSHOKZ AIR HEADPHONES88 07/19/21 EPLUS TECHNOLOGY INC PO 124226 POL 3,835.76$ CISCO CATALYST 2960‐X 24 GIGE89 07/19/21 COAST RECREATION INC PO 124227 PRCS 3,605.36$ PLAYGROUND REPLACEMENT PARTS90 07/20/21 NAKA ENGINEERING & CONSTRUCTIO PO 124228 PRCS 24,800.00$ CONSTRUCT CONCRETE PAD91 07/22/21 BROWNELLS INC PO 124232 POL 889.77$ COTTON APPLICATORS92 07/22/21 PROSPECTRA CONTRACT FLOORING PO 124233 PWA 100,799.00$ 2ND FLOOR FLOORING REPLACEMENT93 07/22/21 JADTEC SECURITYAG N‐2021‐151 POL $ 1,299.82 MONITORING SERVICES FOR SIGNALING SYSTEM 94 07/22/21 DOWNTOWN, INC AG N‐2021‐152 CDA $ 50,000.00 DOWNTOWN CLEAN AND SAFE PROGRAM95 07/26/21 MARIA TORRES DE MARQUEZ AG N‐2021‐153 CAO $ 25,000.00 SETTLEMENT AGREEMENT 96 07/27/21 ORANGE COUNTY DEMOLITION INC PO 124237 PRCS 3,056.00$ DEMO SMALL STRUCTURE97 07/27/21 CENTRAL NEBRASKA PACKING INC PO 124238 PRCS 2,270.48$ NEBRASKA BRAND FOOD‐ZOO ANIMALS98 07/27/21 DAVE BANG ASSOCIATES INC PO 124239 PRCS 10,706.50$ RUBBER SURFACING99 07/27/21 GREENFIELDS OUTDOOR FITNESS PO 124240 PRCS 1,105.62$ SPORTS EQUIPT PARTS100 07/28/21 MCVICKER & ASSOCIATES PO 124241 LIB 2,364.73$ JOB FAIR SUPPLIES: TOTE, PADFOLIO, ETC101 07/28/21 BACKYARD X‐SCAPES PO 124242 PRCS 10,108.10$ EUCALYPTUS DROPPER POLE102 07/29/21 LOWRY SOLUTIONS INC PO 124245 LIB 2,986.79$ BARCODE CODABAR/TWO‐PART/DIGITEK103 07/29/21 GIROUX GLASS INC PO 124246 POL 27,473.00$ ATRIUM GLASS REPLACEMENT104 07/29/21 HILLSBOROUGH FENCE COM PO 124247 PRCS 13,579.00$ NEW FENCE AND GATE105 07/29/21 BEEZ KNEEZ CREATIVE AG N‐2021‐154 PRCS $ 25,000.00 ZOO EDUCATION PROGRAMS106 07/30/21 ADORAMA INC PO 124250 LIB 2,834.93$ ASUS CHROMEBOOK 15.6", 10 EA107 08/01/21 PACIFIC COAST ENTERTAINMENT BOC 6658 PWA 5,000.00$ GEL SHEETS FOR WATER108 08/01/21 LESLIES SWIMMING POOL SUPPLIES BOC 6837 PRCS 6,500.00$ MISC POOL MAINT CHEMICALS109 08/01/21 SECURITY ACCESS & FIRE BOC 6840 PRCS 21,500.00$ FIRE & SECURITY ALARM SERVICES110 08/01/21 TUSTIN LOCK AND SAFE BOC 6910 CITYWIDE 10,000.00$ LOCKSMITH & CYBER LOCK REPAIRSPage 3 of 8 City Council 7 – 511/16/2021
No. Date Vendor Name Type Number Agency Amount Description111 08/01/21 WEST COAST LIGHTS AND SIRENS BOC 6917 PWA 20,000.00$ PARTS & LABOR PD VEHICLES112 08/01/21 KIMBALL MIDWEST BOC 6918 PWA 17,500.00$ FLEET FASTENERS/HARDWARE113 08/01/21 GAMBER JOHNSON BOC 6937 POL 3,000.00$ INCIDENTAL COMPUTER REPAIR114 08/01/21 AUTONATION FORD TUSTIN BOC 6960 PWA 20,000.00$ VEHICLE MAINT & REPAIR115 08/01/21 MAKAI SOLUTIONS BOC 7010 PWA 20,000.00$ HYDRAULIC LIFT REPAIR116 08/01/21 BARNES UPHOLSTERY BOC 7065 PWA 8,000.00$ VEHICLE UPHOLSTERY REPAIRS117 08/02/21 PDF ELECTRIC & SUPPLY COMPANY PO 124254 POL 4,768.99$ CPU PROCESSOR118 08/02/21 SOUTHERN COUNTIES LUBRICANTS PO 124255 PWA 3,939.26$ CHEV SUPREME MOTOR OIL SB 5W20119 08/02/21 SOCIAL AND ENVIRONMENTAL PO 124257 PRCS 12,017.50$ ADULT BICYCLES & ACCESSORIES120 08/02/21 HERK EDWARDS INC PO 124258 PWA 128,168.00$ SEATING REPLACEMENT, COUNCIL CHAMBERS121 08/02/21 CHILD CREATIVITY LAB PO 124259 PRCS 13,503.30$ SCIENCE/TECH/ENGIN/ARTS/MATH KITS122 08/03/21 PACIFIC FLAGPOLE SERVICE PO 124260 PRCS 4,785.00$ FLAGPOLE INSTALLATION123 08/03/21 COAST RECREATION INC PO 124262 PRCS 1,350.40$ PLAYGROUND EQUIPT REPLACEMENT PARTS124 08/03/21 ORANGE COUNTY FIRE AUTHORITY (OCFA) AG N‐2021‐155 PWA $ 25,000.00 INTERLOCAL AGREEMENT, FUEL PURCHASE125 08/04/21 LC ACTION POLICE SUPPLY PO 124264 POL 1,169.78$ PEPPERBALL LIVE PAVA PROJECTILE126 08/04/21 DLT SOLUTIONS PO 124266 IT 8,540.00$ ALIEN VAULT SOFTWARE RENEWAL127 08/05/21 LAPLINK SOFTWARE INC PO 124267 IT 6,300.00$ PC MOVER SOFTWARE128 08/05/21 FINAL ARTS PO 124269 POL 1,333.66$ BOOKS CUSTOM 5.5 X 8.5129 08/05/21 MEMAR INC PO 124270 PRCS 24,980.00$ REPAIR EXHIBIT ROOMS130 08/09/21 GOVCONNECTION INC PO 124273 IT 691.25$ HEWLETT PACKARD ARUBA/SERVICES131 08/10/21 CPACINC.COM PO 124274 IT 4,967.00$ HARDWARE MAINT RENEWAL132 08/10/21 VETERINARY ANESTHESIA SYSTEMS PO 124275 PRCS 9,100.72$ VETERINARY PATIENT MONITOR‐ZOO133 08/10/21 SOURCE GRAPHICS PO 124276 IT 1,266.47$ PLOTTER SUPPLIES134 08/11/21 CONTRACTSAFE LLC PO 124283 PWA 3,588.00$ CLOUD BASED CONTRACT MGMT, LICENCE RENEWAL135 08/12/21 ADAMSON POLICE PRODUCTS PO 124285 PWA 10,029.15$ FLARES, FUSEES, HIGHWAY136 08/12/21 ENDRESS + HAUSER INC PO 124286 PWA 23,875.66$ FLOW METER ELECTRO‐MAGNETIC137 08/12/21 GEOSPATIAL TECHNOLOGIES, INC. AG N‐2019‐148‐02 POL $ 10,500.00 SOFTWARE MAINTENANCE & LICENSE AGMT138 08/12/21 WALKER CONSULTANTS AG N‐2021‐157 CDA $ 30,000.00 CONSULTANT, DOWNTOWN PARKING FACILITIES139 08/12/21 UNION PACIFIC RAILROAD COMPANY AG N‐2021‐158 PWA $ 25,000.00 REIMBURSEMENT AGMT, PRELIM ENG SERVS140 08/13/21 ELROD FENCE CO INC PO 124287 POL 1,311.00$ K9 KENNEL 6'X6'X10'141 08/13/21 EXTREME CANOPY PO 124288 POL 1,087.03$ CANOPY CUSTOM ROOF 10'X10' POLY142 08/13/21 BNI BUILDING NEWS PO 124289 PWA 537.47$ STANDARD PLANS PW CONSTR. BOOK143 08/16/21 NATIONAL BUSINESS FURNITURE PO 124290 CMO 1,171.94$ GUEST CHAIRS144 08/16/21 IMAGE APPAREL FOR BUSINESS INC PO 124292 PWA 1,362.25$ UNIFORM PANTS ‐ FOG PROGRAM145 08/16/21 COSMOS EVENT RENTALS AG N‐2021‐162 LIB 15,000.00$ EVENT EQUIPT RENTALS, CITY LIBRARIES146 08/17/21 ENVIRONMENTAL SYSTEMS RESEARCH PO 124295 IT 10,000.00$ SERVER LICENSE ‐ ARCGIS147 08/17/21 AXCES INDUSTRIAL SUPPLY INC PO 124297 PWA 627.53$ POWER KLEEN, DEGREASER AND CLE148 08/17/21 KATHCO PRODUCTS PO 124299 PWA 1,463.95$ ABSORBENT, GREASE, OIL & WATERPage 4 of 8 City Council 7 – 611/16/2021
No. Date Vendor Name Type Number Agency Amount Description149 08/17/21 COAST RECREATION INC PO 124300 PWA 10,286.65$ PLAYGROUND EQUIPT REPLACEMENT PARTS150 08/17/21 EMPIRE WEST INC PO 124301 PWA 4,402.68$ COUPLING, STEM CONNECTOR, 5"151 08/18/21 SOUTHERN COUNTIES LUBRICANTS PO 124304 PWA 2,419.20$ CHEVRON DELO 400 SNG 15W40152 08/18/21 SASSOON MAUREEN PO 124305 HR 1,400.00$ BIOHAZARD ONSITE TRAINING ‐ ZOO153 08/18/21 BROWNELLS INC PO 124306 POL 869.89$ AR15 CHARGING HANDLE154 08/18/21 U S VETERINARY EQUIPMENT INC PO 124307 PRCS 5,309.06$ FIELD ANESTHESIA MACHINE155 08/18/21 ALHAMBRA FOUNDRY PO 124308 PWA 657.30$ COVER, MANHOLE, MARKED "SD"156 08/19/21 QUADIENT INC. PO 124311 FMS 3,378.68$ EQUIPMENT MAINTENANCE AGREEMENT157 08/20/21 AJ CONSTRUCTION SPECIALTIES PO 124316 PRCS 3,305.00$ RESTROOM PARTITIONS ‐ STADIUM158 08/20/21 MEYERS CONSTRUCTION CO PO 124317 PWA 1,880.00$ PAINT 3 ROOMS ON 1ST FLOOR ROSS159 08/20/21 MEYERS CONSTRUCTION CO PO 124318 PWA 19,350.00$ PAINT ROSS ANNEX 2ND FLOOR160 08/24/21 MUSCO SPORTS LIGHTING LLC PO 124320 PRCS 5,990.00$ REPLACE S6 POLE BAR HARNESSES161 08/24/21 FRONTIER PRECISION INC PO 124322 PWA 3,800.00$ FPI‐TRAINING‐REMOTE OPERATED VEHICLE162 08/24/21 SONSRAY MACHINERY LLC PO 124323 PWA 1,237.48$ REMOVAL/INSTALLATION/POWERWASH163 08/24/21 SCORE SPORTS PO 124324 PRCS 1,820.11$ YOUTH SPORTS FOOTBALL T‐SHIRTS164 08/24/21 BORDERS ARCHITECTS AG N‐2021‐165 CDA $ 3,000.00 DONATED FURNITURE COORDINATION SERVS165 08/24/21 ERIC BAUER dba ALLIANCE RACE TIMING AG N‐2021‐166 PRCS $ 6,300.00 5K TIMING SERVICES 166 08/25/21 PACIFIC SOUND CONTROL PO 124325 PWA 1,984.00$ SOUND BLANKETS167 08/25/21 QUADIENT INC. PO 124326 FMS 4,193.75$ EQUIPMENT MAINTENANCE AGREEMENT168 08/25/21 ASSOCIATED BAG COMPANY PO 124328 POL 886.89$ 16"X12"X35" UNPRINTED PAPER BAGS169 08/26/21 BRIAN PETERSON AG N‐2021‐167 CDA $ 13,000.00 MURAL , "FACES OF MANKIND"170 08/26/21 LANGUAGE LINE AG N‐2021‐168 CDA $ 20,000.00 LANGUAGE TRANSLATION SERVICES171 08/27/21 NATIONAL BUSINESS FURNITURE PO 124333 CMO 4,908.93$ COMPUTER CREDENZA172 08/27/21 LUIS RAUL MARTINEZ AG N‐2021‐169 POL $ 40,000.00 PROVIDE COUNSELING SERVICES FOR INMATES173 08/30/21 BIOBAG AMERICAS INC PO 124334 PRCS 4,447.02$ 32 GALLON COMPOSTABLE LINERS174 08/30/21 ELITE CANOPY INC PO 124335 LIB 793.32$ 10'X10' POP UP CANOPY TOP175 08/31/21 ACCO ENGINEERED SYSTEMS PO 124337 PRCS 4,972.00$ AIR CONDITIONER COMPRESSOR176 08/31/21 NATIONAL BAND & TAG CO PO 124340 FMS 1,010.56$ DOG TAGS177 09/01/21 EPOWER NETWORK BOC 6935 POL 12,500.00$ GENERATOR & UPS BATTERY MAINT178 09/01/21 PRAXAIR DISTRIBUTION BOC 6986 CITYWIDE 20,000.00$ INDUSTRIAL GASES & TANK179 09/01/21 CONNELLY MACHINE WORKS BOC 6991 PWA 5,000.00$ MISC MACHINE WORK180 09/01/21 GRIFFIN ACE HARDWARE BOC 6995 CITYWIDE 20,000.00$ LUMBER, TOOLS, HARDWARE181 09/01/21 IRV SEAVER MOTORCYCLES BOC 6997 PWA 20,000.00$ MOTORCYCLE REPAIRS & PARTS182 09/01/21 MR D'S AUTOMOTIVE BOC 6998 PWA 20,000.00$ HEAVY DUTY VEHICLE PARTS &183 09/01/21 TUTTLE‐CLICK TUSTIN BOC 7015 PWA 20,000.00$ FORD REPAIRS & PARTS184 09/01/21 MICHAELS STORES INC BOC 7023 CITYWIDE 20,000.00$ CRAFT AND ART SUPPLIES185 09/01/21 NEWEGG BUSINESS INC BOC 7025 CITYWIDE 20,000.00$ INFO TECHNOLOGY SUPPLIES186 09/01/21 LC ACTION POLICE SUPPLIES BOC 7031 POL 5,000.00$ LITHIUM BATTERIES FOR PDPage 5 of 8 City Council 7 – 711/16/2021
No. Date Vendor Name Type Number Agency Amount Description187 09/01/21 SCOTTS SCREENPRINTING BOC 7076 CITYWIDE 20,000.00$ SCREENPRINTED CLOTHING188 09/01/21 NETXPERTS INC PO 124341 IT 12,401.92$ CISCO SMARTNET RENEWAL189 09/02/21 CB PACIFIC INC PO 124342 POL 6,177.96$ CIMPLICITY V10.0 SERVER STD DEV190 09/02/21 VMI INC PO 124343 CMO 4,950.13$ THEATRIXX VIDEO DELAY BOX191 09/02/21 ESKILL CORPORATION PO 124344 HR 12,500.00$ VIRTUAL TESTING PLATFORM RENEWAL192 09/02/21 STEVE A. FILARSKY AG N‐2021‐170 CAO $ 50,000.00 LEGAL SERVS, ASSIST IN‐HOUSE ATTORNEYS193 09/08/21 SAFETY RESTRAINT CHAIR INC PO 124346 POL 4,526.57$ FULL SET OF STRAPS194 09/08/21 MEYERS CONSTRUCTION CO PO 124347 PWA 7,600.00$ CH 3RD & 4TH FL. DOOR RESURFACE195 09/08/21 RESCUE ESSENTIALS PO 124349 POL 22,724.00$ SAPD RESCUE CUSTOM KITS196 09/09/21 A THRU Z CONSULTING & PO 124352 PRCS 8,147.50$ ANIMAL HABITAT BARRIER PANELS197 09/09/21 SUNNY SLOPE TREES PO 124353 PWA 22,102.55$ VARIETY OF TREES198 09/09/21 STONEFACE INC PO 124354 PRCS 6,410.00$ STREAM SYSTEM REPAIR RAINFOREST199 09/09/21 SOUTHWESTERN PETROLEUM CORP PO 124355 PWA 4,429.98$ 103 MOLY HI PLUS GREASE HEAVY200 09/09/21 CALIBER SIGNS & IMAGING INC PO 124356 LIB 2,473.48$ BOOK VENDING MACHINE WRAPS201 09/09/21 ORANGE COUNTY MAINTENANCE SERVS AG N‐2021‐172 CDA $ 50,000.00 SECURITY GUARD OVERSIGHT CONSULTANT202 09/10/21 SULLIVAN & MANN LUMBER CO INC PO 124358 PWA 573.56$ TIES, TREE, 32", BLACK E‐Z203 09/10/21 WONDRIES FLEET GROUP PO 124359 PWA 42,205.26$ FORD INTERCEPTOR UTILITY204 09/13/21 G&S CARPET MILLS INC PO 124360 PRCS 720.00$ CARPET TILE INSTALLATION205 09/13/21 FLEXISPOT PO 124361 HR 1,245.38$ MOTORIZED ALCOVERISER DESK206 09/13/21 BEST WAY LAUNDRY SOLUTIONS PO 124362 CDA 18,378.78$ COMMERICAL WASHER207 09/13/21 GAMETIME PO 124363 PRCS 1,404.65$ PLAYGROUND EQUIPMENT208 09/13/21 JAY O DAY INC PO 124364 POL 2,320.18$ STANDARD STRETCHING MAT209 09/13/21 BOOMERS IRVINE PO 124365 PRCS 1,729.60$ GROUP PACK‐$24.99 EA/QTY 50210 09/13/21 NORIX GROUP INC PO 124366 CDA 11,922.86$ SINGLE BUNK BEDS211 09/13/21 ORANGE, COUNTY OF AG N‐2021‐173 CDA $ 15,000.00 REGIONAL WORKFORCE SERVICES 212 09/13/21 RIO WEST LLC AG N‐2021‐177 POL $ 34,380.00 LEASE AGREEMENT, WESTEND SUBSTATION 213 09/13/21 REDISTRICTING PARTNERS LLC AG N‐2021‐178 COC $ 50,000.00 DEMOGRAPHIC ANALYSIS/CENSUS MAPPING SERVS214 09/14/21 SMART SOURCE OF CALIFORNIA LLC PO 124367 PWA 924.69$ FORM, MATERIAL RELEASE, 50/PKG215 09/14/21 IDENTITY AUTOMATION LP PO 124368 POL 3,500.00$ ANNUAL SUBSCRIPTION ADV SUPPORT216 09/14/21 SUNRISE MULTISPECIALISTS MEDICAL CTR AG N‐2021‐179 HR $ 50,000.00 NON‐INDUSTRIAL MEDICAL SERVICES 217 09/15/21 PRECISION SURVEY SUPPLY LLC PO 124369 POL 4,978.34$ INFINITY POINT CLOUD FROM IMAGES218 09/15/21 NAKA ENGINEERING & CONSTRUCTIO PO 124370 PRCS 24,320.00$ CONSTRUCT CONCRETE PAD219 09/15/21 ADAMSON POLICE PRODUCTS PO 124372 POL 1,544.63$ OVERSIZED HAND CUFFS ORANGE220 09/15/21 DON WALLINGSFORD INC PO 124373 PWA 13,040.00$ REPLACE HEAT PUMP / FAN COIL221 09/15/21 ADAMSON POLICE PRODUCTS PO 124374 POL 1,544.63$ OVERSIZE LEG IRON ‐ ORANGE222 09/16/21 AJ CONSTRUCTION SPECIALTIES PO 124375 PRCS 4,940.00$ RESTROOM PARTITIONS‐WINDSOR PARK223 09/16/21 RR DONNELLEY PO 124377 POL 2,151.79$ STOLEN VEHICLE REPORT CS811 SAPD225 09/20/21 HILLSBOROUGH FENCE COM PO 124380 POL 5,560.00$ INSTALL CHAIN LINK FENCEPage 6 of 8 City Council 7 – 811/16/2021
No. Date Vendor Name Type Number Agency Amount Description226 09/20/21 PRINTING ISLAND PO 124381 FMS 2,582.67$ BUSINESS CARD MASTER, BLUE‐GOLD FOILED227 09/20/21 S&S WORLDWIDE INC PO 124383 PRCS 1,176.44$ CRAFT SUPPLIES228 09/20/21 BRIGHTLIFE DESIGNS, LLC. AG N‐2021‐186 CDA $ 31,125.00 HOLIDAY DÉCOR, DOWNTOWN SANTA ANA229 09/21/21 GRAINGER INC PO 124384 CDA 28,334.81$ VINYL MATTRESS POLY CORE ‐ BLUE230 09/21/21 CRASH DATA GROUP INC PO 124385 POL 1,365.63$ BOSCH CDR SOFTWARE RENEWAL231 09/21/21 PROPAC INC PO 124386 POL 14,766.93$ 25 PERSON SHELTER CARE KIT232 09/21/21 ROGUE FITNESS PO 124387 POL 987.83$ OHIO WEIGHT PLATE BAR ‐ BLK ZINC233 09/22/21 DON WALLINGSFORD INC PO 124388 PWA 10,880.00$ REPLACE NEW 4 TON CONDENSOR234 09/22/21 SAFEGUARD BY FONTIS PO 124389 PWA 703.35$ ADMIN CITATION BOOKLETS ‐ PWA235 09/23/21 COAST RECREATION INC PO 124390 PRCS 1,035.54$ PLAYGROUND EQUIPMENT REPLACEMENT PARTS236 09/23/21 MERTON, NICOLE AG N‐2021‐187 LIB $ 500.00 SPEAKER/PERFORMER ENGAGEMENT237 09/24/21 PROFORCE LAW ENFORCEMENT PO 124392 POL 2,351.06$ 44MM RELOADBLE INSERT FOR 6530238 09/27/21 SAFETYCULTURE PTY LTD PO 124395 PWA 1,339.28$ INSPECTION SOFTWARE/APP239 09/27/21 ECONOLITE CONTROL PRODUCTS INC PO 124397 PWA 600.88$ CLEAN SLATE CABINET WRAP ‐ REV240 09/27/21 QUINN COMPANY PO 124398 PWA 8,700.00$ EXTENDED WARRANTY ON GENERATOR241 09/27/21 TITLE BOXING, LLC PO 124399 POL 4,062.06$ FACE PROTECTOR HEADGEAR242 09/27/21 NAKA ENGINEERING & CONSTRUCTIO PO 124400 PRCS 67,620.00$ CONCRETE PAD FOR DELHI PARK243 09/28/21 ZORO PO 124401 POL 2,247.18$ BALDOR ELECTRIC MOTOR244 09/28/21 THOMPSON BUILDING MATERIALS PO 124402 PRCS 4,094.69$ STEPSTONE SMTH NAT VP‐SS18X36245 09/28/21 ADVANCED INFRASTRUCTURE PO 124403 PWA 17,534.39$ LOCATOR KIT ‐ PRO KIT246 09/28/21 AQUA SOURCE INC PO 124404 PRCS 10,586.80$ POOL: AQUATIC VARIABLE FREQUENCY247 09/28/21 STRESSCRETE INC PO 124405 PRCS 1,741.45$ CONCRETE POLE. 16' ROUND TAPERED248 09/28/21 PROFORCE LAW ENFORCEMENT PO 124407 POL 11,011.61$ RIFLE OPTIC SCOPES249 09/28/21 PACIFIC SOUND CONTROL PO 124410 PWA 1,798.26$ CUSTOM SIZE NOISE SOAKER BARRIER250 09/28/21 KNOTTS BERRY FARM PO 124411 PRCS 2,568.50$ GENERAL ADMISSION TICKETS ‐ YOUTH 251 09/28/21 DAVEY'S LOCKER PO 124413 PRCS 2,006.00$ TEEN EXCURSION WHALE WATCHING252 09/28/21 UNO PRODUCTIONS, INC. AG N‐2021‐190 LIB $ 700.00 SPEAKER AT CITY LIBRARY EVENT253 09/29/21 FASTSIGNS SANTA ANA PO 124415 PRCS 2,108.52$ ALUMINUM SIGNS: 12"X18"‐2‐HOUR254 09/29/21 RCS INVESTIGATION & CONSULTING LLC AG N‐2021‐189 POL $ 25,000.00 BACKGROUND INVESTIGATIONS255 09/29/21 KFB MANAGEMENT INC AG N‐2021‐193 PWA $ 24,900.00 CONSULTING SERVICES, BILLBOARDS256 09/29/21 MARTIN TORRES AG N‐2021‐194 PRCS $ 25,000.00 KARATE DO KIAI CLASSES IN THE PARK257 09/29/21 MARISCA N. SECUNDO AG N‐2021‐195 PRCS $ 25,000.00 DANZA FOLKLORICO, RECREATION CLASS258 09/29/21 PATRICK A. HURLEY AG N‐2021‐196 PRCS $ 25,000.00 MUSIC INSTRUCTION, RECREATION CLASS 259 09/30/21 CDW GOVERNMENT INC PO 124416 HR 869.76$ ERGONOMIC SPLIT KEYBOARD260 09/30/21 B&H PHOTO VIDEO PO 124417 LIB 1,665.41$ TABLETS: SAMSUNG 8.7" GALAXY TAB261 09/30/21 VIRCO INC PO 124420 CDA 824.95$ 60" ACTIVITY TABLE ‐ 4000 SERIES262 09/30/21 MANHATTAN STITCHING COMPANY PO 124421 PRCS 9,739.64$ 5K RUN TSHIRTS263 09/30/21 ARCLIGHT DYNAMICS, LLC PO 124422 PWA 40,282.86$ ARC PRO 9600X CNC PLASMA SYSTEMPage 7 of 8 City Council 7 – 911/16/2021
3,477,084.65$ 319,508,048.94$ 1.09%Agency/DepartmentCity Attorney’s Office (CAO)Clerk of the Council (COC)City Manager’s Office (CMO)Community Development (CDA)CitywideFinance & Management Services (FMS)Human Resources (HR)Information Technology (IT)Library (LIB) Parks, Rec. & Comm. Services (PRCS)Planning and Building (PBA)POL (POL)Public Works (PWA)Total409,701.13$ 409,701.13$ 1,094,741.83$ 1,094,741.83$ 3,477,084.65$ 3,477,084.65$ 29,318.66$ 29,318.66$ 661,007.35$ 661,007.35$ 7,500.00$ 7,500.00$ 11,884.83$ 11,884.83$ 124,240.14$ 124,240.14$ 94,754.21$ 94,754.21$ 11,031.00$ 11,031.00$ 327,905.50$ 327,905.50$ 580,000.00$ 580,000.00$ Total This Quarter Fiscal Year‐to‐Date 75,000.00$ 75,000.00$ 50,000.00$ 50,000.00$ SummaryTotal this periodCitywide budget excluding compensationPercentage of budget amount Page 8 of 8 City Council 7 – 1011/16/2021
Finance and Management Services
www.santa-ana.org/finance
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Periodic Quarterly Report of Investments as of September 30, 2021
AGENDA TITLE:
Receive and File Quarterly Report of Investments as of September 30, 2021
RECOMMENDED ACTION
Receive and file.
DISCUSSION
California Code Section 53646 (b) states that if a quarterly report is rendered to the
legislative body, the quarterly investment report shall be submitted within 30 days
following the end of the quarter covered by the report. In an effort to meet the statutory
requirement, Finance & Management Services Agency (“FMSA”) submits the Report via
email for review and distribution to the City Council in advance. The report was emailed
for distribution on October 25, 2021. The legislation specifies that this quarterly report
contain the seven major elements listed below:
1. Type of investments,
2. Date of maturity,
3. Par and dollar amounts invested in each security,
4. Weighted average maturity of the investments,
5. Market value as of the date of the report,
6. Source of the market value information, and
7. Any funds, investments or programs, including loans,
under the management of contracted parties.
These specifications include a statement outlining the ability of the City to meet the
budgeted expenditures for the subsequent six months be submitted to the City Council
on a quarterly basis. Staff performs an end-of-month expenditure analysis to comply with
the expenditure requirement and a statement confirming the ability to meet this
requirement in the monthly and quarter-ending Treasurer’s Report. The information is in
compliance with State law and the City’s Investment Policy.
The attached Treasurer’s Report (Exhibit 1) accurately reflects all pooled investments
held on behalf of the City as of September 30, 2021.
City Council 8 –1 11/16/2021
Quarterly Report of Investments
November 16, 2021
Page 2
2
2
3
2
The attached Cash held by Bank and Cash held by Fund(s) Listing (Exhibit 2) is a
schedule of cash by funds added to the monthly and quarterly Report of Investments to
enhance FMSA’s reporting and transparency.
The following two tables represent: (1) percentage limits set by the City’s Investment
Policy and State Law and shows respective City investment portfolio investment types,
amounts, and percentages; and (2) the restricted cash balance as of September 30, 2021.
Type of Investment Amounts
Invested $
Portfolio
%
COSA
Policy
Limits
%
State Law
Limits %
Federal Farm Credit Bank (FFCB)$51,909,210 13.30%None None
Federal Home Loan Bank (FHLB)$133,648,358 34.23%None None
Federal Home Loan Mortgage Corp. (FHLMC)$49,991,250 12.80%None None
Federal National Mortgage Association (FNMA)$61,899,880 15.85%None None
Local Agency Investment Fund (LAIF)$29,027,540 7.44%None None
Local Agency Investment Fund (LAIF – ARPA)$63,936,641 16.38%None None
Sub- Total:$390,412,880 100%None None
Cash :$32,248,630
Total:$422,661,509
Restricted Cash In $
Restricted Cash †,$43,662,267
Total $43,662,267
† Restricted cash is held by various Trustees such as Bank of New York Mellon; US Bank; Signature Bank; and
State of California Condemnation Fund. Restricted Cash is segregated from cash used for daily operations.
The following City investment portfolio graph represents percentages within the
respective investment types as of September 30, 2021.
City Council 8 –2 11/16/2021
Quarterly Report of Investments
November 16, 2021
Page 3
2
2
3
2
The following two tables represent, as of September 30, 2021: (1) the aggregate Average
Market Yield To Date (AMTD); and (2) the breakdown of by investment type.
Aggregate Average Market Yield To Date
Average Month To Date (AMTD)0.730%
Investments Par Value of Investments YTM
% of
Portfolio
LAIF $29,027,539.85 0.206%7.44%0.015%
LAIF (ARPA)$63,936,641.14 0.206%16.38%0.034%
Federal Agency Securities $297,448,698.58 0.894%76.19%0.681%
$390,412,880 0.730%100.00%0.730%
Cash held by Bank and Cash by Fund(s) Listing (Exhibit 2)
The above-referenced exhibit (Exhibit 2) includes a comparison of bank balances
between each City Cash account including Investments; Cash held at a City designated
financial institution; Cash on Hand; and Restricted Cash versus the Cash held by various
Fund(s).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Treasurer’s Report
2. Cash Held by Bank and Cash Fund(s) Listing
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
City Council 8 –3 11/16/2021
City of Santa Ana
Portfolio Management
September 30, 2021
Portfolio Summary
% of
Portfolio
Book
ValueInvestmentsMarket
Value
Par
Value
Days to
MaturityTerm
YTM/C
Local Agency Investment Funds 29,027,539.85 17.44 0.206129,027,539.8529,027,539.85
Cash in Banks 63,936,641.14 116.38 0.206163,936,641.1463,936,641.14
Federal Agency Coupon Securities 297,448,698.58 1,71376.19 0.894400297,570,931.75297,600,000.00
390,412,879.57 100.00%Investments 390,535,112.74390,564,180.99 1,305 305 0.730
Cash
(not included in yield calculations)Passbook/Checking 32,248,629.54 1 0.000132,248,629.5432,248,629.54
422,661,509.11Total Cash and Investments 422,783,742.28422,812,810.53 1,305 305 0.730
Current Year
September 30
228,314.25
Fiscal Year To Date
750,620.87
Average Daily Balance
Effective Rate of Return
453,785,589.60 464,648,534.52
0.64%0.61%
Total Earnings Month Ending
This report contains all the required information in SB 866 and SB 564 and accurately reflects all pooled investments held during this reporting period on behalf of the City and the City of Santa Ana acting
on behalf of the Community Redevelopment Agency. The information reported herein is in compliance with State law and the City's Investment Policy. Based on liquidity of investments, the City of Santa
Ana is able to meet budgeted expenditure requirements for the next six months, barring any catastrophic natural disasters. Market pricings are obtained through the City's third party trust services at BNY
Mellon Trust.
__________________________________________________ ____________________
Finance & Mgmt Services Agency,
Portfolio COSA
CP
Reporting period 09/01/2021-09/30/2021
Run Date: 10/11/2021 - 17:38 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.5
EXHIBIT 1
City Council 8 –4 11/16/2021
YTM/C
365
Page 1
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Santa Ana
Days to
Maturity
YTM/C
360CUSIPInvestment #
Purchase
Date
Local Agency Investment Funds
0.206Local Agency Investment FundLAIFCITY 29,027,539.85 29,027,539.85 0.20629,027,539.85 0.203LAIFCITY 1
29,027,539.85 0.20329,027,539.8529,027,539.8572,527,539.85Subtotal and Average 0.206 1
Cash in Banks
0.206Local Agency Investment FundLAIF ARPA 63,936,641.14 63,936,641.14 0.20663,936,641.14 0.203LAIF ARPA 1
63,936,641.14 0.20363,936,641.1463,936,641.14102,974,851.17Subtotal and Average 0.206 1
Federal Agency Coupon Securities
2.670Federal Farm Credit Bank13868 925,000.00 924,195.25 10/23/20232.65001/29/2019 968,817.25 2.6343133EJ5W5 752
2.619Federal Farm Credit Bank13876 3,000,000.00 2,998,740.00 02/27/20242.61003/04/2019 3,156,030.00 2.5833133EKBW5 879
2.430Federal Farm Credit Bank13884 2,000,000.00 1,975,960.00 05/15/20232.12503/15/2019 2,061,020.00 2.3963133ECPM0 591
1.920Federal Farm Credit Bank13897 1,500,000.00 1,512,465.00 09/05/20232.12506/10/2019 1,552,245.00 1.8943133EKPG5 704
1.420Federal Farm Credit Bank13932 2,500,000.00 2,496,700.00 10/11/20221.37510/11/2019 2,532,750.00 1.4013133EKY91 375
1.606Federal Farm Credit Bank13934 5,000,000.00 5,003,650.00 10/23/20231.62510/23/2019 5,131,650.00 1.5843133EK3M6 752
0.690Federal Farm Credit Bank13974 6,000,000.00 6,000,000.00 07/22/20250.69007/22/2020 5,972,640.00 0.6813133ELX33 1,390
0.530Federal Farm Credit Bank13988 5,000,000.00 5,000,000.00 09/29/20250.53009/29/2020 4,924,300.00 0.5233133EMBH4 1,459
0.550Federal Farm Credit Bank13991 5,000,000.00 4,997,500.00 11/03/20250.54011/03/2020 4,958,550.00 0.5433133EMFR8 398
0.800Federal Farm Credit Bank14005 4,000,000.00 4,000,000.00 03/09/20260.80003/09/2021 3,979,560.00 0.7893133EMSU7 524
0.710Federal Farm Credit Bank14006 6,000,000.00 6,000,000.00 04/01/20250.71004/01/2021 5,997,360.00 0.7003133EMUP5 182
0.710Federal Farm Credit Bank14016 5,000,000.00 5,000,000.00 04/21/20250.71004/21/2021 5,001,100.00 0.7003133EMWH1 202
0.710Federal Farm Credit Bank14032 6,000,000.00 6,000,000.00 08/10/20260.71008/10/2021 5,928,900.00 0.7003133EM2C5 678
1.980Federal Home Loan Bank13825 3,175,000.00 3,170,488.33 01/10/20221.95001/11/2017 3,191,319.50 1.9533130AAKW7 101
1.815Federal Home Loan Bank13845 5,000,000.00 5,000,000.00 06/27/20221.81506/27/2017 5,062,950.00 1.7903130ABBNS1 269
2.699Federal Home Loan Bank13854 1,500,000.00 1,486,650.00 03/10/20232.50005/31/2018 1,550,340.00 2.6623130ADMX7 525
2.541Federal Home Loan Bank13873 2,000,000.00 1,996,220.00 02/13/20242.50002/27/2019 2,101,080.00 2.5063130AFW94 865
2.380Federal Home Loan Bank13889 3,000,000.00 2,999,250.00 03/08/20242.37504/29/2019 3,148,980.00 2.3483130AB3H7 889
0.580Federal Home Loan Bank13996 4,000,000.00 4,000,000.00 01/28/20260.58001/28/2021 3,960,320.00 0.5723130AKPQ3 119
0.520Federal Home Loan Bank13997 5,000,000.00 5,000,000.00 01/28/20260.52001/28/2021 4,941,500.00 0.5133130AKU53 27
0.500Federal Home Loan Bank13998 6,000,000.00 6,000,000.00 01/28/20260.50001/28/2021 5,929,980.00 0.4933130AKN69 119
0.600Federal Home Loan Bank13999 5,000,000.00 5,000,000.00 02/25/20260.60002/25/2021 4,949,300.00 0.5923130ALA53 147
0.625Federal Home Loan Bank14001 5,000,000.00 5,000,000.00 02/24/20260.62502/24/2021 4,953,100.00 0.6163130ALBM5 54
0.375Federal Home Loan Bank14002 5,000,000.00 5,000,000.00 02/25/20250.37502/25/2021 4,969,300.00 0.3703130ALB52 147
0.500Federal Home Loan Bank14003 4,000,000.00 4,000,000.00 03/10/20250.50003/10/2021 3,984,040.00 0.4933130ALDZ4 70
0.500Federal Home Loan Bank14004 4,000,000.00 4,000,000.00 09/24/20240.50003/24/2021 3,994,880.00 0.4933130ALKN3 84
0.702Federal Home Loan Bank14007 6,000,000.00 5,997,000.00 03/17/20250.65003/29/2021 5,990,700.00 0.6923130ALLP7 77
1.100Federal Home Loan Bank14008 5,000,000.00 5,000,000.00 04/22/20261.10004/22/2021 4,998,850.00 1.0853130ALW67 21
Portfolio COSA
CP
Run Date: 10/11/2021 - 17:38 PM (PRF_PM2) 7.3.0
Report Ver. 7.3.5
City Council 8 –5 11/16/2021
YTM/C
365
Page 2
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Santa Ana
Days to
Maturity
YTM/C
360CUSIPInvestment #
Purchase
Date
Federal Agency Coupon Securities
1.050Federal Home Loan Bank14024 6,000,000.00 6,000,000.00 06/30/20261.05006/30/2021 5,988,600.00 1.0363130AMYU0 90
1.000Federal Home Loan Bank14025 6,000,000.00 6,000,000.00 03/30/20261.00006/30/2021 5,991,300.00 0.9863130AMYC0 90
0.400Federal Home Loan Bank14026 6,000,000.00 6,000,000.00 06/28/20240.40006/28/2021 5,990,880.00 0.3953130AMSF0 88
0.850Federal Home Loan Bank14027 5,000,000.00 5,000,000.00 07/29/20260.85007/29/2021 4,968,000.00 0.8383130ANFU9 301
0.875Federal Home Loan Bank14028 5,000,000.00 5,000,000.00 05/18/20260.87508/18/2021 4,985,900.00 0.8633130ANFG0 140
0.908Federal Home Loan Bank14029 5,000,000.00 5,000,000.00 07/29/20260.50007/29/2021 4,983,400.00 0.8963130ANE30 28
0.550Federal Home Loan Bank14033 5,000,000.00 5,000,000.00 12/19/20240.55008/19/2021 4,991,700.00 0.5423130ANHV5 49
0.700Federal Home Loan Bank14034 6,000,000.00 6,000,000.00 08/26/20250.70008/26/2021 5,981,280.00 0.6903130ANPE4 329
0.900Federal Home Loan Bank14035 6,000,000.00 6,000,000.00 08/27/20260.90008/27/2021 5,970,720.00 0.8883130ANQ78 514
0.820Federal Home Loan Bank14036 5,000,000.00 5,000,000.00 09/30/20260.82009/30/2021 4,948,150.00 0.8093130AP3E3 364
0.650Federal Home Loan Bank14037 5,000,000.00 5,000,000.00 06/30/20250.65009/30/2021 4,991,000.00 0.6413130ANX62 180
1.000Federal Home Loan Bank14038 5,000,000.00 5,000,000.00 09/30/20261.00009/30/2021 4,993,800.00 0.9863130APB79 364
0.855Federal Home Loan Bank14039 5,000,000.00 4,998,750.00 06/29/20260.85009/29/2021 4,975,050.00 0.8443130AP3A1 179
1.936Federal Home Loan Mortgage Co.13839 5,000,000.00 4,997,500.00 06/29/20221.92506/29/2017 5,068,350.00 1.9093134GBVA7 271
0.720Federal Home Loan Mortgage Co.13962 5,000,000.00 4,995,000.00 05/05/20250.70005/05/2020 5,002,150.00 0.7113134GVQX9 1,312
0.767Federal Home Loan Mortgage Co.13964 5,000,000.00 4,998,750.00 05/28/20250.75005/28/2020 4,994,250.00 0.7563134GVVX3 58
0.700Federal Home Loan Mortgage Co.13967 6,000,000.00 6,000,000.00 06/25/20250.70006/25/2020 5,973,180.00 0.6903134GVR26 267
0.650Federal Home Loan Mortgage Co.13968 6,000,000.00 6,000,000.00 06/30/20250.65006/30/2020 5,969,400.00 0.6413134GVT99 272
0.570Federal Home Loan Mortgage Co.13979 6,000,000.00 6,000,000.00 07/15/20240.57007/15/2020 6,001,260.00 0.5623134GV5R5 14
0.500Federal Home Loan Mortgage Co.13987 5,000,000.00 5,000,000.00 09/30/20250.50009/30/2020 4,931,350.00 0.4933134GWUE4 364
0.540Federal Home Loan Mortgage Co.13989 6,000,000.00 6,000,000.00 10/27/20250.54010/27/2020 5,922,060.00 0.5333134GW4Z6 391
0.500Federal Home Loan Mortgage Co.13995 6,000,000.00 6,000,000.00 12/30/20250.50012/30/2020 5,935,560.00 0.4933134GXJL9 90
2.689Federal Nat'l Mtg. Assoc.13850 2,000,000.00 1,971,780.00 01/19/20232.37503/28/2018 2,056,540.00 2.6533135G0T94 475
2.647Federal Nat'l Mtg. Assoc.13856 1,000,000.00 971,950.00 04/05/20221.87505/31/2018 1,009,210.00 2.6113135G0T45 186
2.702Federal Nat'l Mtg. Assoc.13857 1,000,000.00 971,400.00 10/05/20222.00005/31/2018 1,019,330.00 2.6653135G0T78 369
1.664Federal Nat'l Mtg. Assoc.13940 5,000,000.00 4,990,750.00 01/07/20251.62501/15/2020 5,169,450.00 1.6413135G0X24 1,194
1.651Federal Nat'l Mtg. Assoc.13941 5,000,000.00 4,994,000.00 10/15/20241.62501/15/2020 5,166,050.00 1.6293135G0W66 1,110
0.750Federal Nat'l Mtg. Assoc.13965 5,000,000.00 5,000,000.00 06/16/20250.75006/16/2020 4,999,250.00 0.7403136G4WV1 1,354
0.510Federal Nat'l Mtg. Assoc.13976 8,000,000.00 8,000,000.00 07/28/20250.51007/28/2020 7,960,640.00 0.5033136G4D42 665
0.650Federal Nat'l Mtg. Assoc.13977 6,000,000.00 6,000,000.00 08/14/20250.65008/14/2020 5,954,280.00 0.6413136G4C43 1,413
0.560Federal Nat'l Mtg. Assoc.13978 6,000,000.00 6,000,000.00 08/12/20250.56008/12/2020 5,966,760.00 0.5523136G4G98 315
0.530Federal Nat'l Mtg. Assoc.13990 6,000,000.00 6,000,000.00 10/28/20250.53010/28/2020 5,950,320.00 0.5233136G45Q2 392
0.625Federal Nat'l Mtg. Assoc.13992 5,000,000.00 5,000,000.00 11/25/20250.62511/25/2020 4,969,500.00 0.6163135GA4V0 420
0.600Federal Nat'l Mtg. Assoc.13993 6,000,000.00 6,000,000.00 12/17/20250.60012/17/2020 5,950,620.00 0.5923135GAAN1 77
0.650Federal Nat'l Mtg. Assoc.13994 6,000,000.00 6,000,000.00 12/10/20250.65012/10/2020 5,950,080.00 0.6413135G06J7 70
297,448,698.58 0.881297,570,931.75297,600,000.00278,283,198.58Subtotal and Average 0.894 400
Portfolio COSA
CP
Run Date: 10/11/2021 - 17:38 PM (PRF_PM2) 7.3.0CityCouncil8–6 11/16/2021
YTM/C
365
Page 3
Par Value Book Value
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Santa Ana
Days to
Maturity
YTM/C
360CUSIPInvestment #
Purchase
Date
0.720453,785,589.60 390,564,180.99 0.730 305390,535,112.74 390,412,879.57Total and Average
Portfolio COSA
CP
Run Date: 10/11/2021 - 17:38 PM (PRF_PM2) 7.3.0CityCouncil8–7 11/16/2021
YTM/C
365
Page 4
Par Value Book Value
Stated
RateMarket Value
September 30, 2021
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
City of Santa Ana
Days to
Maturity
YTM/C
360CUSIPInvestment #
Purchase
Date
Cash in Banks
0.000CITY OF SANTA ANAPETTY CASH 90,052.99 90,052.9907/01/2021 90,052.99 0.000PETTY CASH 1
0.000JP MORGAN CHASE13943 3,961,924.00 3,961,924.0007/01/2021 3,961,924.00 0.000HOUSING 1
0.000JP MORGAN CHASE37983 2,599,346.91 2,599,346.912,599,346.91 0.000WORKERS COMPENS 1
0.000JP MORGAN CHASE38130 2,267,806.64 2,267,806.642,267,806.64 0.000GENERAL LIABILI 1
0.000JP MORGAN CHASE8695 36,584.30 36,584.3007/01/2021 36,584.30 0.000PROPERTY MANAGE 1
0.000JP MORGAN CHASEPROP MGMT 2 1,492.50 1,492.5007/01/2021 1,492.50 0.000PROPERTY MGMT 2 1
0.000JPMorgan Chase0112 349,206.59 349,206.59349,206.59 0.000HEALTHCARE SPEN 1
0.000JPMorgan Chase7962 434,485.60 434,485.60434,485.60 0.000COMMISSARY 1
0.000JPMorgan Chase9500 21,763,824.66 21,763,824.6621,763,824.66 0.000GENERAL ACCOUNT 1
0.000Santa Ana Federal Credit UnionFSS 743,905.35 743,905.35743,905.35 0.000FSS 1
0.00
0.720453,785,589.60 422,812,810.53 0.730 305
1Average Balance
422,783,742.28 422,661,509.11Total Cash and Investments
Portfolio COSA
CP
Run Date: 10/11/2021 - 17:38 PM (PRF_PM2) 7.3.0CityCouncil8–8 11/16/2021
CUSJP Investment# Issuer
Money Market Accounts
X9USDDTPC 80364 Dreyfus Treasury
X9USDDTPC 80365 Dreyfus Treasury
X9USDDEFU-80107 INSTL RES TRE AND AGNY CASH
9AMMF05B2-80406 US BANK MONEY MARKET
9AMMF05B2-80407 US BANK MONEY MARKET
SYS80418 80418 US BANK MONEY MARKET
SYS80419 80419 US BANK MONEY MARKET
SYS80421 80421 US BANK MONEY MARKET
X9USDMOR3-80243 MORGAN ST AN LEY GOVT INSTL
X9USDMOR3 80248 MORGAN ST AN LEY GOVT !NSTL
Subtotal and Average
Other
S86209710 80225 MBIA INSURANCE POLICY
981NP5PV2 80396 ASSURED GUARANTY MUNI CORP
Subtotal and Average
Cash in Bank
SYS80414 80414 SIGNATURE BANK
SYS80415 80415 CONDEMNATION DEPOSIT FUND
Subtotal and Average
Total and Average
Run Date: 10/12/2021-09:55
CASH/SECURITIES HELD IN TRUST
Portfolio Management
Portfolio Details -Investments
September 30, 2021
Par Value Market Value
10,571.46 10,571.46
1,204.24 1,204.24
19.19 19.19
0.71 0.71
1.05 1.05
41,125,871.78 41,125,871.78
105,343.76 105,343.76
5.29 5.29
108,850.82 108,850.82
1.56 1.56 --
41,351,869.86 41,351,869.86
1.00 1.00
1.00 1.00 --
2.00 2.00
1,268,869.87 1,268,869.87
1,041,525.00 1,041,525.00
2,310,394.87 2,310,394.87
43,662.266.73 43,662,266.73
Book Value
10,571.46
1,204.24
19.19
0.71
1.05
41,125,871.78
105,343.76
5.29
108,850.82
1.56
41,351,869.86
1.00
1.00
2.00
1,268,869.87
1,041,525.00
2,310,~94.87
43,662,266.73
Page 1
d Digitally signed by Alexan e Alexandecninidad
T . "d d Date,2021.10.12 r n rn a m20,11 -07'00'
Maturity
Date
Portfolio TRST
AC
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.5
City Council 8 –9 11/16/2021
Quarterly Report of Investments as of September 30, 2021
Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing
Page 1 of 3
Investments Amount
Bank of New York Mellon - Investment Custodian 297,448,699
Local Agency Investment Fund (L.A.I.F)29,027,540
Local Agency Investment Fund (L.A.I.F) - ARPA 63,936,641
Total - Investments 390,412,880
Cash Held at City Financial Institution(s) and Cash on Hand Amount
General Account 21,763,825
General Liability Account 2,267,807
Housing Account 3,961,924
Workers Compensation Account 2,599,347
Santa Ana Federal Credit Union - Family Self Sufficiency (FSS-Housing) 743,905
Commissary Account 434,486
Flexible Benefit Spending Account 349,207
Property Management Account 36,584
Property Management - Phase 2 Account 1,493
Petty Cash 90,053
Total - Cash Held at City Financial Institution(s) and Cash on Hand 32,248,630
Restricted Cash Amount
Signature Bank - Streetlight Project 1,268,870
US Bank - Pension Stability Funds (Section 115 Trust with PARS)41,125,872
Bank of New York Mellon - Various 120,627
US Bank - Warner Industrial Community 105,344
State of California Condemnation Fund - Right of Way Deposits 1,041,525
US Bank - Gas Tax Bonds 30
Total - Restricted Cash 43,662,267
Total Cash Held City at Financial Institution(s), Cash on Hand and Restricted Cash 466,323,776
Cash by Fund(s) - Total (see below for listing)466,323,776
Fund Fund description Amount
011 GENERAL FUND 66,190,988
012 CANNABIS PUBLIC BENEFIT 17,264,158
016 CASP CERTIFICATION & TRAINING 265,251
020 OTS-TRAFFIC OFFENDER PROGRAM 37,708
021 PRCSA CATV FUND 1,289,728
022 PRCSA FEE & DONATION 346,505
023 INMATE WELFARE FUND 1,627,345
024 PD ATHLETIC ACTIVITIES LEAGUE (75,825)
025 IDB & EZ VOUCHER MONITORING 197,126
026 ASSET FORFEITURE FUND 135,355
027 PARKING FUND 312,133
029 SPECIAL GAS TAX 27,116,074
030 PROP 1B BOND ACT OF 2006 152,913
031 AIR QUALITY IMPR. (AB 2766)1,656,812
032 MEASURE M-STREET CONSTRUCTION (2,806,400)
033 NEW TRANSPO SYS IMPR AREA B 542,658
034 NEW TRANSPO SYS IMPR AREA E 1,540,215
035 NEW TRANSPO SYS IMPR AREA F 1,664,729
041 TRANSP SYS IMPR AREA A-2 329,920
042 TRANSPO SYS IMPR AREA B 9,529
048 TRANSPO SYS IMPR AREA C-2 212,847
049 TRANSPO SYS IMPR AREA G 98,104
051 CAPITAL OUTLAY FUND 5,153,516
053 CITY SERVICES 6,781,982
054 SANITARY SEWER CAPITAL 21,115,367
055 SEWER CONNECTION FEE 11,024,737
056 SANITARY SEWER SERVICE 7,068,207
057 FED CLEAN WATER PROTECTION ENT 4,926,781
058 RESIDENTIAL STREET IMPROVEMENT 4,565,491
059 SELECT STREET CONSTRUCTION 18,436,278
060 WATER REVENUE 46,541,062
066 ACQUISITION & CONSTRUCTION 2,069,236
067 REGIONAL TRANSP CENTER (1,653,868)
068 SANITATION FUND 7,078,054
069 REFUSE COLLECTION SERVICE 5,869,040
EXHIBIT 2
City Council 8 –10 11/16/2021
Quarterly Report of Investments as of September 30, 2021
Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing
Page 2 of 3
070 EQUIPMENT REPLACEMENT FUND 6,510,595
071 CENTRAL SERVICES (146,383)
073 BUILDING MAINT FUND 987,524
074 CIVIC CENTER MAINTENANCE (905,641)
075 FLEET MAINTENANCE/STORES 321,773
076 STORES & PROPERTY CONTROL (304,521)
078 RETIREMENT SYSTEM 982,690
080 LIABILITY AND PROPERTY INS FND 12,668,119
081 EMPLOYEE GROUP INSURANCE (1,598,917)
082 WORKERS COMPENSATION FUND 15,616,577
083 PAYROLL REVOLVING 6,611,602
085 CITY YARD OPERATION 124,826
086 PUB WKS ENG/PROJ MGMT (703,682)
087 PT RETIREMENT FUND 8,671
088 QUALITY SERVICE TRAINING 375,463
089 CA SEISMIC HAZARD PROGRAM 6,041
090 ORANGE CO SANITATION DIST 2&3 1,260,468
093 BUSINESS IMPROVEMENT DISTRICT 147,889
094 INTEREST AGENCY -
095 POLICE COMMISSARY ACCOUNT 310,657
096 SA TOURISM MARKETING DISTRICT 99,433
100 SECTION 457 FIDUCIARY ADMIN 67,141
101 PUB WKS-ADMIN & PLANNING 1,037,634
103 PMA RETIREE HEALTH INSURANCE (84,449)
104 SEIU RETIREE HEALTH INSURANCE 23,250
106 MGMT RETIREE HEALTH INSURANCE 8,201
107 UC RETIREE HEALTH INSURANCE 2,012
109 INFO SYS STRATEGIC PLAN 13,157,967
110 STRONG MOTION INSTRUMENTATION 98,108
120 FIRE FACILITIES FUND 1,608,825
121 SPECIAL REPAIR/DEMOLITION 562,433
122 EMERGENCY & HEALTH GRANTS 9,244,161
123 WORKFORCE INVESTMENT ACT (297,143)
124 ORANGE COUNTY SSA GRANTS (155,286)
125 OES UASI (443,700)
127 D.O.J. GRANT FUND (61,796)
128 POLICE BLOCK GRANTS 586,361
130 HOME PROGRAM FEDERAL GRANT 1,199,903
133 HOUSING AUTHORITY-ISSUER FEE 2,718,788
135 COMMUNITY DEV BLOCK GRANT (785,314)
136 HOUSING AUTHORITY-VOUCHER HAP 835,946
137 HOUSING AUTHORITY- MAINSTREAM -
138 HOUSING AUTHORITY-MS 5 1,144,430
139 HOUSING AUTHORITY-NEW CONSTR 141,224
140 HOUSING AUTHORITY-VOUCHER ADM 2,191,899
142 NSP FEDERAL GRANT 1,402,314
143 CALHOME MFGD HSG LOAN 627,958
144 PRISON TO EMPLOYMENT PROGRAM (338,959)
145 RENTAL REHABILITATION GRANT 394,378
147 FEDERAL AID SAFETY PROGRAM (879,756)
148 TRAFFIC SYSTEM MGMT GRANT (6,818,450)
149 WIC ASSESSMENT DIST ST IMPRV 32,654
152 PUBLIC LIBRARY GRANT FUND (324)
153 LIBRARY GRANTS 42,388
154 LIBRARY SVCS & TECHNOLOGY ACT 5,978
155 OCJP GRANT 36,355
157 HSG ADMIN CARES ACT COVID-19 5,512
158 PLANNING GRANTS PROGRAM 2,639,109
160 HSG HAP CARES ACT COVID-19 -
161 PRCSA CAPITAL GRANTS (652,515)
162 ENERGY CONSERVATION PROGRAM 86,445
164 PUB WKS-WTR QUALITY & CONTROL (1,793,071)
165 OFFICE OF SAFETY GRANT 165,472
166 US DOJ ASSET FORFEITURE FUND 1,135,559
167 US TREASURY ASSET FORFEITURE 138,969
169 RECREATION GRANTS FUND 429,364
170 MS5 HAP CARES ACT COVID-19 (1,062,375)
172 NATL RECREATION TRAILS FND ACT 17,102
175 CARES ACT - CESF -
176 CARES ACT - State -
177 EMERGENCY RENTAL ASSISTANCE PG 4,387,803
178 COVID RELIEF FUND -
179 GENERAL FIXED ASSETS 329,223
180 ARPA EHV ADMIN FEES 222,024
181 AMERICAN RESCUE PLAN ACT 63,836,280
City Council 8 –11 11/16/2021
Quarterly Report of Investments as of September 30, 2021
Exhibit 2 - Cash held by Bank and Cash by Fund(s) Listing
Page 3 of 3
201 LOCAL DRAINAGE AREA NO 1 132
202 LOCAL DRAINAGE AREA NO 2 1,426
203 LOCAL DRAINAGE AREA NO 3 753,186
204 LOCAL DRAINAGE AREA NO 4 1,053
205 LOCAL DRAINAGE AREA NO 5 598
206 LOCAL DRAINAGE AREA NO 6 878
207 LOCAL DRAINAGE AREA NO 7 193,697
209 LOCAL DRAINAGE AREA NO 9 731
210 LOCAL DRAINAGE AREA NO 10 17,128
211 LOCAL DRAINAGE AREA NO 11 222
212 LOCAL DRAINAGE AREA NO 12 13
213 LOCAL DRAINAGE AREA NO 13 2,691
221 LOCAL DRAINAGE AREA I 979,990
222 LOCAL DRAINAGE AREA II 235,108
223 LOCAL DRAINAGE AREA III 418,723
224 LOCAL DRAINAGE AREA IV 481,402
225 LOCAL DRAINAGE AREA V 256,133
226 LOCAL DRAINAGE AREA VI 216,964
301 REC/COMM SVS 5,375
311 RESIDENTIAL DEVELOP DISTRICT 1 3,232,047
312 RESIDENTIAL DEVELOP DISTRICT 2 4,182,860
313 RESIDENTIAL DEVELOP DISTRICT 3 11,228,478
314 RESIDENTIAL DEVELOP DISTRICT 4 568,229
400 POLICE UUT LEASE REVENUE BONDS 1,161,260
403 SCAG GRANTS -
404 COSA 2014 LEASE FINANCING 1,363,245
417 INCLUSIONARY HOUSING FEE 15,504,515
418 CDA - PEEBLER CAPITAL FUND 4,450,979
607 HOUSING AUTHORITY LMIHF 3,647,769
652 2003A SERIES TAX ALLOC BOND -
654 2011A SERIES TAX ALLOC BOND -
655 2018A SERIES TAX ALLOC BOND 11,768
658 2003B SERIES ALLOC BOND -
670 COSA RDA 397,821
671 COSA RDA OBLIGATION RETIREMENT 461,675
980 SAN JUANQUIN TRANS CORRIDOR -
981 EASTERN FOOTHILL TRANS CORRIDO -
991 TRAN SYS IMP AUT C-2 TUSTIN 2,168,567
992 TRAN SYS IMP AUT AREA D-TUSTIN 10,743,405
993 WIC ASSESSMENT DISTRICT 272,907
998 TREASURERS AGENCY COLLECTIONS 27,962
999 Lawson Clearing 1,693
Reconciling Item(s) - Outstanding Checks *2,014,145
Reconciling Item(s) - Bank Direct Deposits*1,008,575
Reconciling Item(s) - Deposits in Transit*470,895
Reconciling Item(s) - Withdrawals in Transit*3,486,117
Reconciling Item(s) - Various*(293,556)
Reconciling Item(s) - Various: A difference between C ash held by Financial Institution, Fiscal Agent and Cash on Hand exists when comparing to Cash by
Fund due, to reconciling items such as timing of payments; outstanding checks; and deposits in transit
City Council 8 –12 11/16/2021
Police Department
www.santa-ana.org/pd
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Contracts for Nitrile Safety Gloves
AGENDA TITLE:
Award Contracts to JC Dental Supply and Medzon Health for Nitrile Examination/Safety
Gloves in the Annual Aggregate Amount not to Exceed $150,000, Not to Exceed
$300,000 Over the Two-Year Term, with Three One-Year Renewal Options (Specification
No. 21-101) (General Fund)
RECOMMENDED ACTION
Award blanket order contracts to JC Dental Supply and Medzon Health to provide nitrile
examination gloves for a two-year period beginning November 16, 2021 and expiring
November 15, 2023 in the annual aggregate amount of $150,000 for a total aggregate
amount not to exceed $300,000 over the two-year period, with provisions for three one-
year renewals by mutual agreement. Subject to non-substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
Law enforcement personnel come into contact with bloodborne pathogens, narcotics, and
harmful chemicals daily. Therefore, it is essential to wear safety gloves when working
with unknown hazards to protect staff's hands from infection and contamination. Nitrile
safety gloves are durable and resistant to various chemicals, narcotics, and other physical
hazards that can cause cuts, bruises, and piercings on the hands. To protect evidence,
staff must wear gloves to avoid cross-contamination. Additionally, OSHA Title 29 of the
Code of Federal Regulations (CFR), Bloodborne Pathogens, requires the use of safety
gloves.
An Invitation for Bid for nitrile examination/safety gloves was advertised on August 25,
2021 on the City’s online bid and management publication system. A summary of the
Invitation for Bid and bids received is as follows:
399 Vendors notified
7 Santa Ana vendors notified
128 Vendors downloaded the bid packet
City Council 9 –1 11/16/2021
Contracts for Nitrile Safety Gloves
November 16, 2021
Page 2
2
2
1
3
26 Bids received
2 Bids received from Santa Ana vendors
The bids were received and opened on September 22, 2021, and evaluated (Exhibit 1).
The bids submitted by JC Dental Supply located in Torrance, California and Medzon
Health located in Anaheim, California were determined to be responsive and met the
City’s requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available and will be budgeted in future budget years as follows:
Fiscal Year Accounting Unit-
Account #Accounting Unit, Account Description Amount
FY 2021-22 01114475 63001 Jail Operations - Misc. Operating Supplies $43,333
FY 2021-22 01114455 63001 Forensic Services - Misc. Operating
Supplies $6,667
FY 2021-22 01114420 63001 Field Operations - Misc. Operating
Supplies $50,000
FY 2022-23 01114475 63001 Jail Operations - Misc. Operating Supplies $65,000
FY 2022-23 01114455 63001 Forensic Services - Misc. Operating
Supplies $10,000
FY 2022-23 01114420 63001 Field Operations - Misc. Operating
Supplies $75,000
FY 2023-24 01114475 63001 Jail Operations - Misc. Operating Supplies $21,667
FY 2023-24 01114455 63001 Forensic Services - Misc. Operating
Supplies $3,333
FY 2023-24 01114420 63001 Field Operations - Misc. Operating
Supplies $25,000
Total $300,000
EXHIBIT(S)
1. Abstract of Bids
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 9 –2 11/16/2021
City of Santa Ana
Bid Results for Nitrile Examination Gloves (21-101)
Issued on 10/13/21
Vendor UOM Total Quantity
Annually
Microflex Midknight Black
Powder-Free Nitrile
Examination Glove Sizes:
S-XXL 1000/CS
Skintx Medical Grade Black
Powder Free - Latex Free Exam
Gloves Glove Sizes:
S-XXL 1000/CS
Grand Total Responsive Bidder
Vendor - Non Responsive Bidder
List
SUBTOTAL SUBTOTAL GRAND TOTAL UWEPORT LLC
CHARLOTTE, NC
JC DENTAL SUPPLY, TORRANCE,
CA CS 521 64,741.80$ $64,741.80 YES
MAX POWER INTERNATIONAL
CARLSBAD, CA
MEZDON HEALTH, ANAHEIM, CA CS 521 56,062.70$ 68,336.01$ $124,398.71 YES
PK BOX PRINTING, SANTA ANA, CA
(ALTERNATIVE PRODUCT )
ACTONE GOVERNMENT SOLUTIONS,
INC
LAS VEGAS, NV (ALTERNATIVE
PRODUCT)CS 521 57,225.38$ $57,225.38 YES
UNITED SUPPLY ALLIANCE LLC
SAN MARCOS, CA
LUCKY SOLUTIONS, NEWPORT
BEACH, CA (ALTERNATIVE
PRODUCT)CS 521 59,568.00$ $59,568.00 YES
THOMAS SCIENTIFIC LLC
SWEDESBORO, NJ
WAXIE SANITARY SUPPLY, SANTA
ANA, CA (ALTERNATIVE PRODUCT)CS 521 80,499.62$ $80,499.62 YES
MEDICAL SYSTEM USA
ORLANDO, FL
AGATHOS LABORATORIES INC, SAN
JOSE, CA (ALTERNATIVE PRODUCT)CS 521 84,662.50$ $84,662.50 YES
RS HUGHES CO INC
SUNNYVALE, CA
BOUNDTREE MEDICAL, DUBLIN, OH CS 521 85,391.00$ $85,391.00 YES
GLOVES.COM
AUSTIN, CA
PERFORMANCE SAFETY GROUP, ST.
LOUIS, MO CS 521 86,044.79$ $86,044.79 YES
MEDICA PPE INC
MIAMI, FL
LIFE ASSIST INC., RANCHO CORDOVA,
CA CS 521 86,746.50$ $86,746.50 YES
GAREX INDUSTRIES
MIAMI BEACH, FL
INTERBORO PACKAGING CORP,
MONTGOMERY, NY CS 521 91,175.00$ $91,175.00 YES
QYK BRANDS LLC
GARDEN GROVE, CA
MIN WING USA, PALOS VERDES
ESTATES, CA CS 521 92,738.00$ $92,738.00 YES
ZOOM TECHNOLOGIES LLC
RIDGEWOOD, NY
HEALTHY SCHOOL SUPPLY LLC,
CLAYMONT, DE CS 521 129,416.40$ $129,416.40 YES
ICS JAIL SUPPLIES INC
WACO, TX
AMERICAN SAFETY SALES LLC,
NEWHALL, CA CS 521 112,015.00$ 112,015.00$ $224,030.00 YES
Exhibit 1
City Council 9 –3 11/16/2021
2
2
2
8
Police Department
www.santa-ana.org/pd
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Ford Police Interceptor Vehicle Purchase
AGENDA TITLE:
Amend the Contract with Fairway Ford Sales, Inc., to Purchase 25 Additional Ford Police
Interceptor Vehicles in the Amount of $1,068,909.50 (Specification No. 21-053) (Non-
General Fund)
RECOMMENDED ACTION
Amend the contract with Fairway Ford Sales, Inc., to purchase 25 additional Ford Police
Interceptor vehicles for the Santa Ana Police Department, for a total amount not to exceed
$1,068,909.50 (including a $20,000 contingency), subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Police Department uses Ford Police Interceptor vehicles as the standard vehicle for
many of its operations, including Patrol, the Gang Unit, and the Selective Enforcement
Unit. This contract award will provide 25 Ford Police Interceptor vehicles for the Police
Department. These vehicles are equipped with grille LED lighting, siren and speaker pre-
wiring, rear auxiliary lighting, and other features designed to keep officers safe. Once the
vehicles are received, they are equipped with the required radios, mobile digital
computers, light bars, and additional equipment. With these timelines, it is expected that
the new vehicles will go into service in summer/fall 2022.
This purchase will allow the Police Department to surplus 15 vehicles that have reached
the end of their useful life and add 10 vehicles to accommodate new officers that have
completed the Field Training Officer Program. Ford has an approximate four-month lead
time for the delivery of these vehicles from receipt of order.
On June 15, 2021, the City Council awarded a purchase order to Fairway Ford Sales, Inc.
for the purchase of three Ford Police Interceptor vehicles. The Notice Inviting Bids for Bid
Specification No. 21-053 was advertised on April 13, 2021, on the City’s online bid
management and publication system.
City Council 10 –1 11/16/2021
Amend Contract for Ford Police Interceptor Vehicle Purchase
November 16, 2021
Page 2
A summary of the bid invitation and bids received is as follows:
379 Vendors were notified
17 Santa Ana vendors were notified
15 Vendors downloaded the bid packet
2 Bids received
0 Bids received from Santa Ana vendors
Two bids were received and opened on May 4, 2021, and evaluated as follows (Exhibit
1):
Vendor Location Amount
Fairway Ford Sales Inc. Placentia, CA $41,956.38
Wondries Fleet Group Alhambra, CA $42,180.13
The total cost for 25 units, including a $20,000 contingency, is $1,068,909.50. The bid
submitted by Fairway Ford Sales, Inc., is responsive to the specifications and meets the
City’s requirements. Fairway Ford has agreed to honor pricing submitted in response to
Bid Specification No. 21-053, thereby allowing the City to amend the contract for
additional units. There is no Ford dealership in Santa Ana.
FISCAL IMPACT
The City’s Equipment Replacement Program was established in 2012 as a means for
setting aside funding to replace vehicles in the City’s fleet. A monthly Equipment
Replacement Cost (ERC) is determined based on the make, model, year, and useful life
of the current vehicle that is participating in the replacement program. The Police
Department has deposited sufficient ERC funds to cover the cost of these 25 additional
vehicles. Funds for this contract amendment are budgeted and available in FY 2021-22
in the following account. Any unused funding not spent in the current fiscal year will be
carried forward, as needed.
Fiscal Year
Accounting Unit-
Account #
Accounting Unit, Account
Description Amount
FY 2021-22 07017100 66400
Fleet Services Equipment
Replacement – Machinery and
Equipment
$1,068,909.50
City Council 10 –2 11/16/2021
2
2
2
8
EXHIBIT(S)
1. Abstract of Bids
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and
David Valentin, Chief of Police – Santa Ana Police Department
Approved By: Kristine Ridge, City Manager
City Council 10 –3 11/16/2021
Item Description Fairway Ford Sales, Inc.
Placentia, CA
Wondries Fleet Group
Alhambra, CA
$38,396.00 $38,523.00
$0.00 $0.00
$3,551.63 $3,563.38
$41,947.63 $42,086.38
$0.00 $85.00
$8.75 $8.75
$0.00 $0.00
$41,956.38 $42,180.13
Agate Black with Oxford White Roof & Doors Ford Police
1Interceptor Utility Model Year 2021 or Newer
2Documentation Fee
39.25% Sales Tax
4Subtotal
5Destination and Delivery (Non Taxable)
6California Tire Fee (Non Taxable)
7Misc. Charges (Non Taxable)
8Total Price per vehicle
91% Local Vendor Preference N/A N/A
10Final Bid Amount as Determined by Basis of Award $41,956.38 $42,180.13
CITY OF SANTA ANA
(;+,%,7
City Council 10 –4 11/16/2021
Public Works Agency
https://www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Police Vehicle Conversion Equipment and Installation Services
AGENDA TITLE
Amend the Purchase Order Contract With Stommel, Inc. (dba Lehr Auto Electric) to
Increase Contract Renewal Amount by $200,000 for the Remaining Three Renewal
Periods (Specification No. 20-007) (Non-General Fund)
RECOMMENDED ACTION
Amend the purchase order contract with Stommel, Inc., (dba Lehr Auto Electric) for police
vehicle conversion equipment and installation services by increasing the contract renewal
amount by $200,000, for an annual amount not to exceed $400,000 and a total contract
amount not to exceed $1,200,000 for the remaining three, one-year renewal periods,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency‘s Fleet Maintenance Division is responsible for the acquisition,
maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.
The Police Department is transitioning to the Ford Interceptor Utility as the standard patrol
vehicle. A total of 25 vehicles are scheduled to be purchased in FY 2021-22 as part of
the Equipment Replacement Program. The Fleet Maintenance Division staff must outfit
each of these vehicles with police-related equipment, such as light bars, sirens, weapon
racks, security seating, push bumpers, etc., before releasing them to the Police
Department.
In March 2020, the City entered into a contract with Strommel, Inc., (dba Lehr Auto
Electric) for police vehicle conversion equipment and installation services. The approved
contract was for a one-year period with provisions for four, one-year renewals. Annual
amounts were $200,000, for a total contract amount of $1,000,000. As proposed, the new
annual amount of $400,000 is expected to cover the cost to purchase and install the
equipment necessary to outfit the additional 25 vehicles. The new total contract amount
will be $1,600,000, with $1,200,000 for the remaining three, one-year renewal periods.
Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from
any public agency utilizing a competitive bid process. The Placer County contract with
City Council 11 –1 11/16/2021
Police Vehicle Conversion Equipment and Installation Services
November 16, 2021
Page 2
2
2
3
0
Stommel, Inc., for police vehicle conversion equipment and installation services, was
awarded as a result of open, competitive bidding and meets the City's requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and available in Fiscal Year 2021-22 for expenditures in account
07017100-66400. Funds for FY22-23 through FY23-24 will be made available for
expenditures contingent upon annual budget approval:
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
Renewal Options
Fiscal Year
Accounting
Unit- Account
No.
Fund
Description
Account Unit,
Account
Description
Amount
FY 2021-22
July - June 07017100-66400
Fleet Equipment
Replacement
Fund
Fleet Services
Equipment
Replacement-
Machinery and
Equipment
$400,000
FY 2022-23
July - June 07017100-66400
Fleet Equipment
Replacement
Fund
Fleet Services
Equipment
Replacement-
Machinery and
Equipment
$400,000
FY 2023-24
July - June 07017100-66400
Fleet Equipment
Replacement
Fund
Fleet Services
Equipment
Replacement-
Machinery and
Equipment
$400,000
TOTAL $1,200,000
City Council 11 –2 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Contract Amendment for Asphalt Pothole Repair
AGENDA TITLE
Amend Purchase Order Contract with All American Asphalt to Increase the Annual
Amount by $147,800 for Asphalt Pothole Repair (Specification No. 18-092) (Non-General
Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the Purchase Order Contract
with All American Asphalt for asphalt pothole repair, to increase the annual amount by
$147,800, for a total annual amount not to exceed $697,800, for the remaining term of
the agreement ending on November 30, 2021, with two optional one-year renewal options
exercisable by the City Manager and City Attorney, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for maintaining
approximately 400 miles of roadway within the City of Santa Ana. Services provided
under the asphalt pothole repair contract include the repair of potholes and the repair of
small damaged pavement areas with asphalt overlay. The contract also provides for
sidewalk asphalt ramping to reduce risks to pedestrians.
On November 20, 2018, the City Council awarded a contract to All American Asphalt for
an annual amount not to exceed $550,000 to perform the services mentioned above. In
keeping with Council’s directives to provide responsive services to the public, staff
recommends increasing the contract amount by $147,800 annually to ensure sufficient
funds are available to perform necessary street repairs resulting from increased number
of service requests. The additional budget will also help to avoid deferring pothole repairs
due to the inability to perform subsequent street repairs.
All American Asphalt has provided services to the Public Works Engineering Division for
several years and most recently completed the following Capital Improvement Projects
(CIP):
City Council 12 –1 11/16/2021
Contract Amendment for Asphalt Pothole Repair
November 16, 2021
Page 2
2
2
1
9
Project ID Project Title
20-2707 Adams Park Parking Lot Improvements
20-6907 Local Street Preventative Maintenance FY 2019-2020
20-7533 Residential Street Repair Program FY 2019-2020
21-6976 Flower Street Rehabilitation - McFadden Ave to First St.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
On September 21, 2021, the City Council approved the carry-over of unspent funds from
Fiscal Year 2020-21 to Fiscal Year 2021-22. Included in that action was the approval of
$147,800 in unspent Special Gas Tax funding for sidewalk repairs. These funds are now
available for expenditure in the current fiscal year and additional funds will be budgeted
in subsequent fiscal years as shown below:
Fiscal
Year
Accounting
Unit- Account
#
Fund
Description
Accounting Unit,
Account Description Amount
CURRENT ANNUAL AMOUNT (1-Year Term)
2020-21 02917660-
62300
Special Gas
Tax
Roadway
Maintenance, Contract
Services-Professional
$550,000
REQUESTED AMENDMENT AMOUNT
2020-21 02917660-
62300
Special Gas
Tax
Roadway
Maintenance, Contract
Services-Professional
$147,800
ADJUSTED SUBTOTAL $697,800
OPTIONAL EXTENSIONS (1-Year Terms)
2021-22 02917660-
62300
Special Gas
Tax
Roadway
Maintenance, Contract
Services-Professional
$697,800
2022-23 02917660-
62300
Special Gas
Tax
Roadway
Maintenance, Contract
Services-Professional
$697,800
Total $2,093,400
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 12 –2 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Omnibus Concrete Repairs
AGENDA TITLE
Award a Construction Contract to CJ Concrete Construction, Inc., in the Amount of
$360,183, for the Omnibus Concrete Repairs FY 2021-22 Project, with an Estimated
Project Delivery Cost of $594,210.50 (Project No. 22-6970) (Non-General Fund)
RECOMMENDED ACTION
1. Award a construction contract to CJ Concrete Construction, Inc, the lowest
responsible bidder, in accordance with the base bid in the amount of $360,183, for
construction of the Omnibus Concrete Repairs FY 2021-22, for the term beginning
January 3, 2022, and ending upon project completion, and authorize the City
Manager to execute the contract subject to non-substantive changes approved by the
City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$594,210.50, which includes $360,183 for the construction contract; $54,027.50 for
contract administration, inspection and testing; and a $180,000 project contingency
for unanticipated or unforeseen work.
DISCUSSION
The scope of work for the Omnibus Concrete Repairs project includes removal and
replacement of Portland Cement Concrete. This project will provide for replacement of
damaged and deteriorated concrete sidewalk, curbs, gutters, cross gutters, wheelchair
ramps, driveway approaches and concrete pavement in the areas identified (Exhibit 1).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of
250 regional vendors via PlanetBids, many of which are Santa Ana based. Thirty-eight
vendors requested bidding documents, and a total of seven bids were received. Bids were
not received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on August 28 and September 3, 2021. The project was also advertised in
City Council 13 –1 11/16/2021
Award Construction Contract to CJ Concrete Construction, Inc.
November 16, 2021
Page 2
2
2
2
1
PlanetBids from August 24, 2021, through September 21, 2021. Bids were received
electronically via PlanetBids on September 21, 2021.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 CJ Concrete Construction, Inc.Santa Fe Springs $360,183.00
2 CT&T Concrete Paving Inc.Diamond Bar $374,545.00
3 TOWO Enterprise Inc.Fullerton $395,253.00
4 EBS General Engineering Inc.Corona $423,026.00
5 Vido Samarzich, Inc.Rancho Cucamonga $443,883.00
6 C.S. Legacy Construction Inc.Chino $448,759.63
7 MBC Enterprises Inc.Westminster $943,916.00
A total of seven bids were received, and all were deemed responsive. CJ Concrete
Construction, Inc., submitted the lowest responsive base bid in the amount of $360,183
(Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the
basis of the Base Bid. CJ Concrete Construction has not performed pervious work for
the City of Santa Ana. Based on the bid analysis and a contractor’s reference check, staff
recommends awarding the construction contract to CJ Concrete Construction, Inc., in the
amount of the base bid totaling $360,183 (Exhibit 3).
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes construction management;
implementation of the City’s Community Workforce Agreement requirements; inspection
of the Contractor’s work to ensure contract compliance, workmanship, and quality; and
materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the
table below, the estimated total construction delivery cost of the project is $594,210.50.
Project Item Total
Construction Contract $360,183.00
Construction Administration, Inspection, Testing $54,027.50
Contingencies $180,000.00
TOTAL CONSTRUCTION DELIVERY COST $594,210.50
City Council 13 –2 11/16/2021
Award Construction Contract to CJ Concrete Construction, Inc.
November 16, 2021
Page 3
2
2
2
1
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-99 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $594,210.50, which includes construction, contract administration, inspection,
testing, and an authorized contingency. Funds for this project were appropriated in Fiscal
Year 2021-22 and are available for expenditure. Any remaining balances not expended
at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure.
The following table summarizes the funds budgeted and available for expenditure to
deliver construction of this project.
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2021-22
02917660-
62300
(22-6970)
Special Gas
Tax
Roadway Maintenance,
Contract Services -
Professional
$594,210.50
Total $594,210.50
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 13 –3 11/16/2021
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 22-6970:
Omnibus Concrete Repairs
Exhibit 1
EXHIBIT 1
City Council 13 –4 11/16/2021
City of Santa Ana
Omnibus Concrete Repairs (22-6970), bidding on 09/21/2021 2:00 PM (PDT)
Page 1 of 3
Printed 09/21/2021
PlanetBids, Inc.
EXHIBIT 2
City Council 13 –5 11/16/2021
City of Santa Ana
Omnibus Concrete Repairs (22-6970), bidding on 09/21/2021 2:00 PM (PDT)
Page 2 of 3
Printed 09/21/2021
PlanetBids, Inc.
EXHIBIT 2
City Council 13 –6 11/16/2021
City of Santa Ana
Omnibus Concrete Repairs (22-6970), bidding on 09/21/2021 2:00 PM (PDT)
Page 3 of 3
Printed 09/21/2021
PlanetBids, Inc.
EXHIBIT 2
City Council 13 –7 11/16/2021
EXHIBIT 3
City Council 13 –8 11/16/2021
EXHIBIT 3
City Council 13 –9 11/16/2021
EXHIBIT 3
City Council 13 –10 11/16/2021
EXHIBIT 3
City Council 13 –11 11/16/2021
EXHIBIT 3
City Council 13 –12 11/16/2021
EXHIBIT 4
Construction Contract 360,183.00$
Contract Administration, Inspection and Testing 54,027.50$
Contingencies 180,000.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 594,210.50$
Prog Pay
Const Eng
Des Eng
Conting
TOTAL
EXISTING MISSING BUDGET
Phase
Prog Pay
Const Eng
Des Eng
Conting
TOTAL
TRANSFER PROG PAY & CONTING FROM MEMORIAL TO CAMPESINO
Phase
CONSTRUCTION OF PROJECT NO. 22-6970: Omnibus Concrete Repairs
COST ANALYSIS
City Council 13 –13 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Grovemont Street Water Main Improvements
AGENDA TITLE
Award a Construction Contract to Stephen Doreck Equipment Rentals, Inc., in the Amount
of $1,265,465 for the Grovemont Street Water Main Improvements FY 2021-22 Project,
with an Estimated Project Delivery Cost of $1,645,105 (Project No. 21-6466) (Non-
General Fund)
RECOMMENDED ACTION
1. Award a construction contract to Stephen Doreck Equipment Rentals, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of $1,265,465, for
construction of the Grovemont Street Water Main Improvements FY 2021-22 Project,
for the term beginning January 3, 2022, and ending upon project completion, and
authorize the City Manager to execute the contract subject to non-substantive
changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,645,105, which includes $1,265,465 for the construction contract; $189,820 for
contract administration, inspection and testing; and $189,820 in project contingency
for unanticipated or unforeseen work.
DISCUSSION
The Public Works Agency Water Resources Division monitors the condition of water main
pipelines by assessing critical factors such as history of breaks, pipe size, alignment,
location, and system redundancy, to determine replacement priorities. The existing 6-
inch-diameter asbestos cement water main, which was installed in the 1960s, has been
experiencing a number of significant breaks and leaks, and has been identified as a
priority for replacement.
The Grovemont Street Water Main Improvements Project will include replacement of
approximately 3,580 linear feet of 8” polyvinyl chloride (PVC) water main and
approximately 40 linear feet of 12" PVC water main, plus all necessary appurtenances
related to the new water facilities in the area identified in Exhibit 1.
City Council 14 –1 11/16/2021
Grovemont Street Water Main Improvements
November 16, 2021
Page 2
2
2
2
4
Public Outreach and Contractor ParticipationAs legally required, a Notice Inviting Bids
was advertised in the Orange County Register newspaper on September 7 and 8, 2021.
The project was also advertised in PlanetBids from August 31, 2021, through September
28, 2021. To provide an opportunity for local vendors to submit bids, the City
electronically notified a total of 535 regional vendors, many of which are based in Santa
Ana. Fifty-five vendors requested bidding documents, and a total of nine bids were
received. No bids were received from Santa Ana contractors.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Stephen Doreck Equipment
Rentals, Inc. Pico Rivera $ 1,265,465.00
2 J. De Sigio Construction Baldwin Park $ 1,573,772.00
3 Vido Samarzich, Inc.Rancho
Cucamonga $ 1,577,010.00
4 SRK Engineering Escondido $ 1,803,800.00
5 Ramona Inc. Baldwin Park $ 1,843,465.00
6 Excel paving Co Long Beach $ 1,919,845.00
7 Colich & Sons L.P.Gardena $ 2,582,075.00
8 Murray Company Rancho
Dominguez $ 2,669,114.00
9 CEM Construction Corp. Montebello $ 3,240,510.00
All nine bids received were deemed responsive. Stephen Doreck Equipment Rentals,
Inc., submitted the lowest responsive base bid in the amount of $1,265,465 (Exhibit 2).
As specified in the bid documents, the lowest bid shall be determined on the basis of the
Base Bid. Based on the bid analysis and a contractor’s reference check, staff
recommends awarding the construction contract to Stephen Doreck Equipment Rentals,
Inc., in the amount of the base bid totaling $1,265,465 (Exhibit 3). Stephen Doreck
performed three previous projects for the City of Santa Ana:
Project 10-6403 Catalina Street Pump Owner’s Association Water Service
Connection
Project 15-6448 Thornton Park Neighborhood Water Main Improvements
Project 21-6457 Valley Adams Neighborhood Water Main Improvements Phase 2.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
City Council 14 –2 11/16/2021
Grovemont Street Water Main Improvements
November 16, 2021
Page 3
2
2
2
4
with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes construction management;
implementation of the City’s Community Workforce Agreement requirements; inspection
of the Contractor’s work to ensure contract compliance, workmanship, and quality; and
materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the
table below, the estimated total construction delivery cost of the project is $1,645,105.
Project Item Total
Construction Contract $ 1,265,465
Construction Administration, Inspection, Testing $ 189,820
Contingencies $ 189,820
TOTAL CONSTRUCTION DELIVERY COST $1,645,105
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-64 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $1,645,105, which includes construction, contract administration, inspection,
testing, and an authorized contingency. Funds for this project are budgeted and available
in Fiscal Year 2021-22. The following table summarizes the funds budgeted and available
for expenditure to deliver construction of this project.
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2021-22 06617647-66301
(21-6466)
Acquisition &
Construction
Water Utility
Capital Projects,
Water Capital
Project
$1,645,105
Total $1,645,105
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 14 –3 11/16/2021
Exhibit 1
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 21-6466:
Grovemont Street Water Main
Improvement
EXHIBIT 1
- PROJECT LOCATION
EXHIBIT 1
City Council 14 –4 11/16/2021
City of Santa Ana
Grovemont Street Water Main Improvements (21-6466), bidding on 09/28/2021 2:00 PM (PDT)
Page 1 of 3
Printed 09/30/2021
PlanetBids, Inc.
City Council 14 –5 11/16/2021
City of Santa Ana
Grovemont Street Water Main Improvements (21-6466), bidding on 09/28/2021 2:00 PM (PDT)
Page 2 of 3
Printed 09/30/2021
PlanetBids, Inc.
City Council 14 –6 11/16/2021
City of Santa Ana
Grovemont Street Water Main Improvements (21-6466), bidding on 09/28/2021 2:00 PM (PDT)
Page 3 of 3
Printed 09/30/2021
PlanetBids, Inc.
City Council 14 –7 11/16/2021
City Council 14 –8 11/16/2021
City Council 14 –9 11/16/2021
City Council 14 –10 11/16/2021
City Council 14 –11 11/16/2021
City Council 14 –12 11/16/2021
City Council 14 –13 11/16/2021
EXHIBIT 4
Construction Contract 1,265,465.00$
Contract Administration, Inspection and Testing $189,819.75
Contingencies $189,819.75
TOTAL ESTIMATED CONSTRUCTION COSTS 1,645,104.50$
Prog Pay
Const Eng
Des Eng
Conting
TOTAL
EXISTING MISSING BUDGET
Phase
Prog Pay
Const Eng
Des Eng
Conting
TOTAL
TRANSFER PROG PAY & CONTING FROM MEMORIAL TO CAMPESINO
Phase
CONSTRUCTION OF PROJECT NO. 21-6466: Grovemont Street Water Main
Improvement
COST ANALYSIS
City Council 14 –14 11/16/2021
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Fountain Maintenance Services Agreement
AGENDA TITLE:
Approve an Agreement with Service First Contractors Network dba Service First for
Fountain Maintenance Services located at the Downtown Civic Center, including Plaza of
the Fountains (3 Fountains), Plaza of the Sun (1 Fountain), Sasscer Park (1 Fountain),
2nd Street Mall (1 Fountain) and the Santa Ana Regional Transportation Center (1
Fountain) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Service First Contractors
Network dba Service First to provide fountain maintenance services in an annual amount
not to exceed $106,170, which includes a 20% contingency, for a term from January 1,
2022 through December 31, 2023, with two, one-year renewal options for a total amount
not to exceed $424,680, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Through the Civic Center Authority joint powers agreement with the County of Orange,
the City of Santa Ana, Parks, Recreation and Community Services Agency (PRCSA) is
responsible for providing grounds maintenance services in the Santa Ana Civic
Center. As part of the services, there is routine maintenance of the fountains located in
the Downtown Civic Center, including Plaza of the Fountains (3), Plaza of the Sun (1),
Sasscer Park (1), 2nd Street Mall fountain (1) and the Santa Ana Regional Transportation
Center (1).
On September 13, 2021, a Request for Proposals (RFPs) was issued to companies to
solicit proposals from fountain maintenance vendors to service our Downtown and Civic
Center fountains. A summary of the proposal invitations and proposals received is as
follows:
472 Vendors were notified
31 Santa Ana vendor was notified
City Council 15 –1 11/16/2021
Fountain Maintenance Services Agreement
November 16, 2021
Page 2
2
2
1
0
18 Vendors downloaded the request for proposal packet
2 Proposals received
1 Proposal received from a Santa Ana vendor
Of the two proposals received, one was considered unresponsive, due to missing
documents. An evaluation committee reviewed and rated the proposal according to the
criteria listed in the RFP, which includes Statement of Qualifications & References,
Manner of Performing Services & Schedule and fee. Service First Contractors Network
dba Service First and their bid is responsive to the specifications and all other City
requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the current fiscal
year and will be budgeted in the following accounts for future fiscal years, including
renewal periods, if exercised.
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 21-22 07413250-62320
Civic Center
Maintenance
Civic Center-Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$47,657
02718133-62300
Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$1,380
06717650-62300 Regional
Transportation
Center
PWA-SARTC
Operations, Contract
Services-Professional
$3,598
FY 22-23 07413250-62320
Civic Center
Maintenance
Civic Center-Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$95,313
02718133-62300
Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$3,662
06717650-62300 Regional
Transportation
Center
PWA-SARTC
Operations, Contract
Services-Professional
$7,195
FY 23-24 07413250-62320
Civic Center
Maintenance
Civic Center-Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$95,313
City Council 15 –2 11/16/2021
Fountain Maintenance Services Agreement
November 16, 2021
Page 3
2
2
1
0
02718133-62300
Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$3,662
06717650-62300 Regional
Transportation
Center
PWA-SARTC
Operations, Contract
Services-Professional
$7,195
FY 24-25 07413250-62320
Civic Center
Maintenance
Civic Center-Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$95,313
02718133-62300
Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$3,662
06717650-62300 Regional
Transportation
Center
PWA-SARTC
Operations, Contract
Services-Professional
$7,195
FY 25-26 07413250-62320
Civic Center
Maintenance
Civic Center-Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$47,656
02718133-62300
Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$2,282
06717650-62300 Regional
Transportation
Center
PWA-SARTC
Operations, Contract
Services-Professional
$3,597
EXHIBIT(S)
1. Agreement
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
City Council 15 –3 11/16/2021
Page 1 of 10
AGREEMENT TO PROVIDE FOUNTAIN MAINTENANCE AND REPAIR SERVICES
THIS AGREEMENT is made and entered into this 16th day of November, 2021 by and between
Service First Contractors Network dba Service 1st (“Contractor”), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (“City”). City and Contractor are also referred to as “the Parties.”
RECITALS
A. On September 13, 2021, the City issued Request for Proposal (“RFP”) No. 21-102,
by which it sought a qualified contractor to provide fountain maintenance and repair
services.
B. Contractor submitted a responsive proposal that was selected by the City.
Contractor represents that it is able and willing to provide the services described in
the scope of work that was included in RFP 21-102.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the fountain repair and maintenance services described and set forth in
the scope of work that was included in RFP No. 21-102, which is attached as Exhibit A and
incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit
B and incorporated in full.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
for City, the rates and charges identified in Exhibit C. The annual amount,
including any extension period exercised under Section 3, shall not exceed one-
hundred six thousand one-hundred seventy dollars and zero cents ($106,170.00),
which includes (1) a base sum of $88,475 and (2) a twenty percent (20%)
contingency in the amount of $17,695 for additional services at the City’s sole
discretion. The total sum to be expended under the term of this Agreement,
including any extension periods, shall not exceed four-hundred twenty-four
thousand six-hundred eighty dollars and zero cents ($424,680.00).
City Council 15 –4 11/16/2021
Page 2 of 10
b. 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 and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on January 1, 2022 and terminate on December 31, 2023,
unless terminated earlier in accordance with Section 17, below. The term of this Agreement may
be extended for up to two (2), one (1) year periods upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and th e
performance of other requirements on “public works” and “maintenance” projects. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to
fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold 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.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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 Contractor under this Agreement (“Documents & Data”). Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
City Council 15 –5 11/16/2021
Page 3 of 10
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that a ny such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Minimum Scope and Limit of Insurance
1. Commercial General Liability (CGL): Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including
products and completed operations, property damage, bodily injury
and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either
the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any
auto (Code 1), or if Contractor has no owned autos, hired, (Code 8)
and non-owned autos (Code 9), with a limit no less than $1,000,000
per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California,
with Statutory Limits, and Employer’s Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. If Contractor is or employs a licensed professional such as an
architect or engineer: Professional liability (errors and omissions)
insurance, with a combined single limit of not less than $2,000,000
per claim with $2,000,000 in the aggregate.
If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions
1. Additional Insured Status: The City, its officers, officials,
employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of the Contractor including
City Council 15 –6 11/16/2021
Page 4 of 10
materials, parts, or equipment furnished in connection with such
work or operations. General liability coverage can be provided in
the form of an endorsement to the Contractor’s insurance (at least as
broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and
CG 20 37 if a later edition is used).
2. Primary Coverage: For any claims related to this contract, the
Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Contractor’s insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall
provide that coverage shall not be canceled, except with notice to
the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver
of any right to subrogation that any insurer of said Contractor may
acquire against the City by virtue of the payment of any loss under
such insurance. Contractor agrees to obtain any endorsement that
may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City has received
a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared
to and approved by the City. The City may require the Contractor to
purchase coverage with a lower retention or provide proof of ability
to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M.
Best’s rating of no less than A:VII, unless otherwise acceptable to
the City.
7. Claims Made Policies (applicable only to professional liability):
i. The Retroactive Date must be shown, and must be before the
date of the contract or the beginning of contract work.
City Council 15 –7 11/16/2021
Page 5 of 10
ii. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion
of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced
with another claims-made policy form with a Retroactive
Date prior to the contract effective date, the Contractor must
purchase “extended reporting” coverage for a minimum of
five (5) years after completion of work.
8. Verification of Coverage: Contractor shall furnish the City with
original Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language effecting
coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements
to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the
Contractor’s obligation to provide them.
The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by
these specifications, at any time.
9. Subcontractors: Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional
insured on insurance required from subcontractors.
10. Special Risks or Circumstances: City reserves the right to modify
these requirements, including limits, based on the nature of the risk,
prior experience, insurer, coverage, or other special circumstances.
8. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Contractor or its subcontractors, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
City Council 15 –8 11/16/2021
Page 6 of 10
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Contractor.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney’s fees,
for infringement of any United States’ letters patent, trademark, or copyright contained in the work
product or documents provided by Contractor to the City pursuant to this Agreement.
10. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor 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 Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor 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 hours. Contractor 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 Contractor under this Agreement.
11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. “Confidential Information” shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Contractor without reference to information disclosed by the
City.
City Council 15 –9 11/16/2021
Page 7 of 10
12. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. 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 copy to: Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax (714) 571-4211
To Contractor: Service First
Attn: Robert Wormus, Account Manager
2510 N. Grand Ave., Ste. 110
Santa Ana, CA 92705
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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
City Council 15 –10 11/16/2021
Page 8 of 10
Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument
that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or
obligate Contractor 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.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City’s ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other contractors retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
City Council 15 –11 11/16/2021
Page 9 of 10
status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under
this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
19. 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.
20. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
________________________ _________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
City Council 15 –12 11/16/2021
City Council 15 –13 11/16/2021
EXHIBIT A
City Council 15 –14 11/16/2021
City of Santa Ana RFP 21-102
Page 12
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
FOUNTAIN MAINTENANCE
RFP NO.: 21-102
Description of Work
The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and
supervision, except as specified herein as City furnished, to manage and perform maintenance and minor repairs
of the fountains identified below:
Fountain Location Service Per Week
Plaza of the Fountain #1 North of State Building 3 Times
Plaza of the Fountain #2 East of Law Library 3 Times
Plaza of the Fountain #3 South of Law Library 3 Times
Plaza of the Sun Fountain Between City Hall and Main Library 3 Times
Sasscer Park Fountain Corner of Santa Ana Blvd. and Broadway 3 Times
2nd Street Mall Fountain Between Sycamore St. and Broadway 3 Times
Responsibilities Included. Fountain maintenance and repair services covered by this specification include the
tasks shown in the table below:
Fountain Maintenance & Repair
(where applicable work shall be performed routinely per manufacturers specifications)
1 Maintain pumps
2 Maintain pump motors
3 Maintain all plumbing i.e. piping, couplings, and fittings
4 Maintain and utilize chlorine and metering/monitoring equipment*
5 Maintain filters
6 Maintain fountain nozzles free of debris. Replace when spray pattern deviates from intended
design
7 Maintain valves
Routine Maintenance and Operation To Meet All O.C. Health Department Requirements
8 Test and adjust the chlorine and other chemicals levels in the water.
9 Test the pH level in the water
10 Add acid or soda ash as necessary to adjust pH level
11 Provide all supplies (e.g., chemicals, testers)
12 Replace carbon dioxide gas cylinders when empty and without interruption to system operation
13 Empty strainer(s) (interceptor basket), skimmers and screens
14 Shock treat when required to maintain water free of algae
15 Vacuum and clean fountain
16 Adjust water level
17 Test and replace underwater lights as outages occur. City Council 15 –15 11/16/2021
City of Santa Ana RFP 21-102
Page 13
Periodic Maintenance Per Manufacturers Specifications
18 Backwash and operate filter(s) as recommended by the manufacturer.
19 Replace filter medium, if necessary as recommended by the manufacturer.
*Note: It is very important and required that the contractor be experienced with the automated chemical
controllers and operate the equipment to control the chemicals on a continuous basis.
Fountain Structure Routine Maintenance and Repair
20 Repair interior fountain cracks and leaks caused by normal age and wear. Cracks and leaks
caused by extraordinary cause, i.e., vandalism, earthquake, do not apply
21 Replace broken or missing skimmer lids and drain covers as necessary.
Responsibilities Excluded. Fountain maintenance and repair services covered by this specification exclude the
tasks shown in the table below.
Tasks Excluded from Fountain Maintenance and Repair
Facility Maintenance and Repair
1 Paint interior and exterior of pump/filter room
2 Maintain pump/filter room (e.g., lights, ventilation)
3 Repair building electrical components
4 Replace lamps for area and general lighting
5 Repair power panels, switches, outlets, etc.
Grounds and Fencing
6 Landscape work
7 Repair fences and gates (including locks)
8 Repair or repaint signs
1. DEFINITIONS
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or
impurities, unsoiled, unstained, or recently washed.
Director. The Director of Parks, Recreation and Community Services or their designated representative with
the authority to enter into, administer, or terminate contracts and to make findings and determinations on behalf
of the City. This is the only individual authorized to change a contract or any of the requirements therein.
Contractor. The individual, partnership, company, or corporation responsible for the duties and responsibilities
under the Agreement. The term also covers requirements for any subcontractor. The Contractor is ultimately
responsible for ensuring that all subcontractors comply with the provision of the Agreement.
Day. A normal weekday, unless otherwise specified.
Deficiency. A shortcoming in the quality or state of service performed.
Disinfect. Cleaning in order to destroy any harmful microorganisms by application of an approved chemical
agent.
Emergency Work. Any unforeseen circumstance or combination of circumstances that requires immediate
action. City Council 15 –16 11/16/2021
City of Santa Ana RFP 21-102
Page 14
Environmental Pollution. The condition resulting from the presence of chemical, physical, radiological and/or
biological forces that alter the life bio systems, structures, and equipment, recreational opportunity, aesthetics or
natural beauty or the environment.
Frequency of Service. The following are frequencies and their definitions.
Frequently Abbreviation Definition
Annual A Services performed once during each 12 month period of
the contract
Semi-Annual S/A Services performed twice during each 12 month period of
the contract at intervals of 160 to 200 calendar days
Quarterly Q Services performed four times during each 12-month period
of the contract at intervals of 80 to 100 calendar days.
Monthly M Services performed 12 times during each 12-month period
of the contract at intervals of 28 to 31 calendar days.
Weekly W Services performed 52 times during each 12-month contract
period at intervals of 6 to 8 calendar days.
Twice Weekly 2W Services performed twice a week, such as Monday and
Thursday or Tuesday and Friday
Daily D Services performed each calendar day, Sunday through
Saturday, including holidays unless otherwise noted.
Three times
Weekly
3W Services performed three times a week, such as Monday,
Wednesday, Friday but not consecutive days.
Hazardous Waste. Any waste materials that are toxic or poisonous, corrosive, irritating, desensitizing,
radioactive, biologically infectious, explosive, or flammable and hat present a significant hazard to human
health and the environment. Special handling procedures and disposal facilities are required for their disposal.
Minor Repairs. Repairs that are necessary for maintenance of equipment, such as refacing valve seats, and
replacing washers.
Minor Parts. Repair parts having a per item cost of $25.00 or less.
Owner. The person or persons who own a facility or part of a facility. For purposes of the contract, the City is
the owner.
Periodic Services. Services which are required less frequently than once per billing period. These normally
include services which are performed at a frequency or less than once per month, e.g., quarterly or semi-
annually.
Preventive Maintenance. Work performed by the Contractor to inspect, repair, and keep in proper operating
condition all City equipment the Contractor is responsible for maintaining.
Recyclable Materials. Materials that normally have been or would be discarded and that may be reused after
undergoing some type of physical or chemical processing. Recyclable materials do not include precious metal
bearing scrap and those items that may be used again for their original purpose or function without any special
processing.
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City of Santa Ana RFP 21-102
Page 15
Routine Services. Services which are required on a regular basis within each billing period. These normally
include services performed at a frequency or at least once per month, e.g., daily or weekly.
Work Day. A normal duty day, Sunday through Saturday.
2. FREQUENCY
Frequency of “daily” tasks shall be performed at the frequencies identified on Attachment 3-6: Fee
Schedule. Contractor shall maintain a set schedule for providing the daily tasks.
3. PERSONNEL
3.1. Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a
Project Foreman to be available during the normal hours of operation as specified in paragraph C.1.6 to
act with full authority for the Contractor. This individual shall be responsible for the supervision,
overall administration, and coordination of all required services. The Contractor shall provide the
name(s) and telephone number(s) of the Project Foreman(s) within two weeks after contract award date.
The Contractor shall provide written notice to the Director in advance of any change of the Project
Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language
as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all
calls from the Director within two hours.
3.2. Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act
for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation
and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate
Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written
notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project
Foreman shall be able to understand, speak, read, and write the English language as is necessary for the
fulfillment of the terms of the Agreement.
3.3. Contractor Employee Skills Required. The Contractor’s employees performing the services required by
this Agreement shall have specialized training, prior work experience, or the demonstrated technical
skills to fulfill the specific requirements of these Specifications and the Agreement.
3.4. Employee Physical Capabilities. There shall be no discrimination against employees on the basis of
handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws
concerning the disabled.
3.5. Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining
satisfactory standards of employee competency and conduct and for taking disciplinary action against
his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any
other incapacitating agent shall be allowed on the jobsite.
The removal from the job site of a Contractor employee shall not relieve the Contractor of the
requirement to provide sufficient personnel to perform the work specified in the contract.
3.6. Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles,
tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company
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City of Santa Ana RFP 21-102
Page 16
identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be
clearly distinguishable from City employee uniforms.
3.7. Director’s Authority. The Director is the only person authorized to direct changes in any of the
requirements under the Agreement and, not withstanding any provisions contained elsewhere in the
Agreement, and said authority remains solely in the Director. In the event that the Contractor effects
any such changes at the direction of any person other than the Director, the changes will be considered
to have been made without authority and solely at the risk of the Contractor. In addition, the Director
shall have the authority to accept/reject materials, workmanship and to make minor changes in work or
schedule, not involving extra cost. When the performance of the work or completion per schedule is
determined to be sub-standard, he may (1) recommend that all or a portion of payment be withheld,
and/or forfeiture for delay in assessed; and/or (2) direct the work be accomplished by either City forces
or separate contractor, in order to complete the necessary work as close to schedule as possible, and
withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment
due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for
said deficiency and will be billed accordingly. The Director or his authorized representative shall
decide all questions, which may arise as to the manner of performance and completion per schedule,
acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and
compensation, including completion of work by alternate sources.
3.8. Subcontractors
3.8.1. Designation of Subcontractors. In accordance with the provisions of Section 4100 and
subsequent section of the Government Code concerning the Subletting and Subcontracting Fair
Practices Act, bids on public contracts and for all work except the construction, improvement, or
repair of streets or highways and bridges shall include a listing of all subcontractors who will
perform work or labor or render service to the prime contractor’s total bid. This requirement for
the listing of subcontractors also extends to that portion of street or highway work involving street
lighting and traffic signals as noted in Section 4100.5. The portion of work, which will be done by
each such subcontractor, must be listed and only one such subcontractor shall be listed for each
portion.
3.8.2. Failure to Specify Subcontractors. If the bidder fails to specify a subcontractor for any portion of
the work to be performed under the contract in excess of one-half of one percent of the bidder’s
total bid, he agrees to perform that portion himself. The successful bidder shall not, without the
written consent of the city:
3.8.2.1. Substitute any person or firm as subcontractor in place of the subcontractor designated in
the original bid.
3.8.2.2. Permit any subcontract to be assigned or transferred or allow it to be performed by
anyone other than the original subcontractor listed in the bid.
3.8.2.3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds
one-half of one percent of the total bid and a subcontractor was not designated for the work in
the original bid.
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City of Santa Ana RFP 21-102
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4. HOURS OF OPERATION
4.1. Normal Hours of Operation. Normal operating hours shall be from 6:30a.m. to 6:00 p.m. Sunday
through Saturday.
5. CONSERVATION OF UTILITIES
The Contractor shall familiarize himself and require his employees to become familiar and comply with
standard operating procedures that comply with conservation regulations. Compliance with Energy
Conservation best practice includes:
5.1. Instructing personnel to conserve energy by turning off unneeded equipment and utilities (including
electricity and water).
5.2. Using lights only in areas where work is actually being performed.
5.3. Allowing adjustment of mechanical equipment controls for heating, ventilation, and air conditioning
systems only by authorized workers.
5.4. Turning off water faucets or valves after required usage has been accomplished.
5.5. Complying with water bans imposed by local, state, or Federal agencies.
6. SAFETY.
All work performed under this contract shall be performed in a manner as to provide maximum safety to the
public and where applicable, comply with all safety standards required by CAL-OSHA. The Director
reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts
are observed or reported relative to the performance of the work under this Agreement.
6.1. Safety Orientation for Contractor Personnel. The Contractor shall give each new employee performing
under this Agreement a safety orientation concerning the hazards and precautions of the job assigned
upon starting work. The Contractor shall institute a continual training program to make employees
aware of existing hazards and all new hazards relative to work performed under this Agreement.
6.2. Creation of Safety or Health Hazard. If the Contractor performs work in a manner that creates a safety
or health hazard to City or Contractor personnel or the general public, the Director may issue an order
stopping all or part of the work until the Contractor has taken satisfactory corrective action. No part of
the lost time due to such a stop in the work shall be the subject of a claim for extension or for excess
costs or damages to the Contractor.
6.3. Protective Equipment. The Contractor shall provide its employees with protection against safety and
health hazards by furnishing them with all the protective equipment needed. Such equipment shall be
approved for the use intended by the National Institute for Occupational Safety and Health or the
American National Standards Institute (ANSI). The Contractor shall post areas that require the wearing
of protective clothing or where protective equipment is necessary.
6.4. Material Safety Data Sheets. The Contractor shall submit to the Director or his designated
representative Material Safety Data Sheets for all hazardous materials proposed for use in the
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City of Santa Ana RFP 21-102
Page 18
performance of the contract at least one week prior to actual use. In addition, he shall maintain copies
on-site and available for review by his employees and/or the City.
7. ENVIRONMENTAL PROTECTION
The Contractor shall comply with all federal, state, and local laws, regulations, and standards regarding the
Environmental Protection and Enhancement Program.
8. CONTRACTOR FURNISHED PROPERTY AND SERVICES
8.1. General. Contractor furnished property and services shall be compatible with existing City systems and
equipment as necessary to perform the requirements of the Agreement. The Contractor shall furnish all
property and services not specifically identified in Section C.C.4.2
8.2. Security of Contractor Owned Property. The Contractor shall be responsible for the security of
Contractor Owned Property.
8.3. Contractor Furnished Equipment. The Contractor shall provide all items necessary for the performance
of the contract including the following.
8.3.1. Tools. The Contractor shall provide all tools and repair equipment necessary for maintenance
and repair as specified in the Agreement.
8.4. Contractor Furnished Supplies. The Contractor shall furnish all supplies required for his performance
under the Agreement, including the following.
8.4.1. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the
prescribed standards of purity and clarity including, but not limited to chlorine (liquid, tablets,
granular, or gaseous, depending on the type of dispensing system in use), soda ash, diatomaceous
earth, etc.
8.4.2. Test Kits. The Contractor shall furnish test kits for the purpose of monitoring and reporting
chemical levels and conditions including but not limited to chlorine levels, pH levels, and alkalinity
of the water, etc.
8.4.3. Preventive Maintenance (PM) and Minor Repair Items. The Contractor shall provide all PM and
minor repair items including, but not limited to, lubricants, minor parts, fittings, gaskets, bench
stock, paint, degreasers, etc. for performance under the contract.
8.4.4. Cleaning Supplies. The Contractor shall furnish cleaning supplies required for performance
under the contract.
9. FAILURE TO PERFORM SATISFACTORY
9.1. City Inspection. The Director or his designated representative shall regularly inspect fountains all other
City property subject to this Agreement. If said inspection results in discovery of work that is not
performed in the manner, and to the professional degree set forth in the Specifications, Contractor
agrees that the City shall deduct from Contractor’s next monthly payment, the City’s actual or
estimated cost of performing the work to bring the property into conformance with the specifications.
City Council 15 –21 11/16/2021
City of Santa Ana RFP 21-102
Page 19
Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per fountain, per
day not meeting the specifications during any such inspection.
9.2. Billing Adjustments. The Director may make a billing adjustment in monthly payment for the cost to
the City to remedy insufficiencies in service rendered by the Contractor. Billing adjustments for this
unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that
is incomplete or deficient as stated herein.
10. HAZARDS
The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his
operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall
be immediately reasonably mitigated then reported to the Parks, Recreation & Community Services Agency.
11. ACCESS TO PRIVATE PROPERTY
Prior to any work that will restrict access to private property, the Contractor shall notify each affected
property owner or responsible person, informing him of the nature of and the approximate duration of the
restriction.
12. EMERGENCY SERVICE
Twenty-four hours per day, seven days per week, the Contractor shall be able to receive and respond to the
City’s call for emergency service. Response time shall be less than two hours to remove or eliminate a
public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can
be contacted twenty-four hours per day, seven days per week.
13. VEHICLE PASSES
The Contractor and Contractor personnel shall obtain vehicle passes from The County of Orange Parking
Administrator, Public Facilities & Resources Department.
14. 24-HOUR CONTACT INFORMATION
The Contractor shall provide the Director with a telephone number at which a contact person for the
Contractor may be reached 24 hours a day. The contact person shall be required to respond back to the
Director or his representative within 1 hour. The contact person shall have the appropriate knowledge and/or
authority to take appropriate action in response to any emergency situation that may arise involving the
contractor’s responsibilities hereunder.
15. DAMAGES
15.1. Responsibility for Work. The Contractor shall be responsible for all damages to people and/or
property that occur as a result of the fault or negligence of said Contractor or his employees in
connection with the performance of this work.
15.2. Property Damage. Any damage to City property that occurs shall be immediately reported to the
Director. The cost of repair, if required, will be at the Contractor’s expense. If damage occurs to any
adjacent turf, groundcover, shrubs or trees as result of the Contractor’s negligence for the cost for
necessary repair or replacements of the same shall be at the Contractor’s expense.
City Council 15 –22 11/16/2021
EXHIBIT B
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EXHIBIT C
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City Council 15 –43 11/16/2021
Community Development Agency
www.santa-ana.org/cd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown
Santa Ana and Civic Center area
AGENDA TITLE:
Agreement with Patrol Solutions, LLC for unarmed security guard services for Downtown
Santa Ana and Civic Center area (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for
unarmed security services for Downtown Santa Ana and Civic Center area, for a one-
year term, in the amount of $185,990, beginning November 16, 2021 through November
15, 2022, with an option of two one-year extensions, for a total aggregate amount not to
exceed $545,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
The City of Santa Ana’s Downtown (DTSA) and Civic Center area are composed of a
variety of businesses, residential apartments/lofts, historical properties, schools, non-
profits, government offices, parking structures/lots, parks and plazas where thousands of
people visit. Safety and security is a priority and Downtown has four full-time dedicated
Santa Ana police officers, parking structure security, and, prior to the pandemic, a security
presence throughout Downtown Santa Ana. The parking revenue that previously funded
security guard services was depleted because of economic decline associated with the
COVID-19 pandemic. Due to the limitation of parking revenue funds, DTSA has gone
without security guards since May 2021.
With available funding through the American Rescue Plan Act (ARPA), security guard
services for the Downtown is being proposed again this year. This service agreement is
in line with ARPA regulations, which will help recover the economy within a business
district that has been financially impacted by the pandemic. In August 2021, the City of
Santa Ana’s Community Development Agency released a Request for Proposal (RFP)
#21-099 for unarmed security guard services. The City received 20 proposals and 13 met
the required qualifications.
City Council 16 –1 11/16/2021
Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 2
2
2
2
2
The proposals were evaluated by a rating committee composed of representatives from
the following departments: Community Development Agency, Public Works Agency,
Parks & Recreation Agency, and the Santa Ana Police Department. The evaluations were
based on several criteria including: overall understanding of the required services in
DTSA, experience of firm and personnel, reasonableness of cost, and references. The
maximum score was 100 points. Table 1 below provides the ranking of the top proposals.
Rank Proposer Non-Responsive
1 Patrol Solutions, LLC Access Control Security, Inc.
2 Lyons Security Service, Inc. American Shield Private Security, Inc.
3 Absolute International Security Global Security
4 Alltech Industries, Inc. Alpha Omega Security Services
5 American Guard Services, Inc. United Security Specialist
6 Universal Protection Service, LP
dba Allied Universal
Upland Group USG
7 Arya dba United Security Services
8 Triton Global
9 Knowledge Stack dba Execushield
10 Allied Consulting & Security
Services
11 A.G. Coast dba CA Panther
12 Command International Security
Services
13 ABA Protection
The evaluation committee determined that Patrol Solutions, LLC was the top proposer
and received the highest overall ranking as a result of their proposal and oral
interview/presentation.
Patrol Solutions, LLC presented a quality proposal and diligently addressed their
proposed operations plan, had the most reasonable cost for the services, and are familiar
with the area’s needs. Although this will be Patrol Solutions, LLC’s first agreement with
the City, they are proposing to help the City promote safety, security, provide real-time
incident reporting, have on-call staff as needed, and provide a positive approach to
visitors, residents, and businesses. Furthermore, Patrol Solutions, LLC has committed to
working in tandem with the Santa Ana Police Department as well as City Hall staff to
adapt to the needs of DTSA and Civic Center area.
Patrol Solutions, LLC has been in business since 2010 and has provided similar services
to the following municipalities: Arts District in Los Angeles Business Improvement District
(BID), Chinatown BID in Los Angeles, City of Inglewood, and City of Glendale. Their
expertise and familiarity with areas similar to DTSA serve as a good fit for the City’
downtown business district. Moreover, they offer excellent customer service, quick
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Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 3
2
2
2
2
response time, accommodate the needs of the client, and provide emergency response
training at no additional cost to the stakeholders.
Below is the proposed schedule for security guard services throughout the entire DTSA
footprint, including patrol checks in the parking structures in tandem with existing security
guards:
DTSA Security Guard Weekly Schedule
Day(s) of the Week Time Daily Hours
Monday 9:00am - 10:00pm 13
Tuesday 9:00am - 10:00pm 13
Wednesday 9:00am - 10:00pm 13
Thursday 9:00am - 12:00am 15
Friday 9:00am - 12:00am 15
Saturday 10:00am - 12:00am 14
Sunday 10:00am - 10:00pm 12
Total Weekly Hours 95
Note: posts and hours are subject to change by City of Santa Ana.
Patrol Solutions, LLC will provide one security guard during non-peak times in accordance
with the schedule provided above and will augment to two security guards during peak-
times or as needed/requested by the City. Security guards will be equipped with a smart-
phone with video/photo capability, real-time reporting, and transportation such as a
bicycle, cart, or automobile and direct communication with Santa Ana Police Department.
Security guard contact information will be shared with DTSA stakeholders, businesses,
and residents and may be called upon as needed. Security guards will be required to
wear a professional uniform and maintain a professional demeanor.
In addition to the schedule above, Patrol Solutions, LLC will be providing guard services
for the Santa Ana Winter Village in the Civic Center area, per the request of Public Works
Agency. The services will only span from December 2021 through January 2022 with
hours ranging between 10 a.m. to 12 a.m. (midnight). The Public Works Agency has
allocated dedicated funds to cover the cost of the security services for the Civic Center
area as noted in the Fiscal Impact below.
Based on the overall quality and thoroughness of the proposal, staff recommends the
selection of Patrol Solutions, LLC to provide unarmed security guard services in DTSA.
City Council 16 –3 11/16/2021
Agreement with Patrol Solutions, LLC for Security Guard Services for Downtown Santa
Ana and Civic Center area
November 16, 2021
Page 4
2
2
2
2
ARPA Eligibility Analysis
Funding for the security guard services will aid in the recovery to the DTSA (project area).
Specifically, the Project Area’s small businesses have incurred a negative economic
impact via the loss of millions of dollars, the closure of several businesses, and reduction
in services and programs. Furthermore, during the normal course of their duties, guards
will provide a safe environment, which will enhance economic opportunities for residents,
businesses, visitors, and local entrepreneurs.
FISCAL IMPACT
Funds are available in following accounts for estimated expenditure as follows:
Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 21-22
(Dec.-Jan.)18113013-62300
American
Rescue Plan
Act (ARPA)
ARPA-Parks,
Contract Services-
Professional
$ 95,000
FY 21-22
(Nov.-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$ 90,990
FY 22-23
(July-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$148,320
FY 23-24
(July-June)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$152,770
FY 24-25
(July-Nov.)18118013-62300
American
Rescue Plan
Act (ARPA)
ARPA-CDA,
Contract Services-
Professional
$ 57,920
Total $545,000
All remaining balances at the end of each fiscal year will be carried forward to the
subsequent fiscal year.
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director – Finance and
Management Services Agency
EXHIBIT(S)
1. Agreement with Patrol Solutions, LLC
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 16 –4 11/16/2021
1
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PATROL SOLUTIONS, LLC FOR USE OF
AMERICAN RESCUE PLAN ACT (ARPA) FUNDS
This Agreement is hereby made and entered into this 16th day of November, 2021, by and
between the City of Santa Ana, a charter city and municipal corporation organized and existing
under the Constitution and laws of the State of California (“CITY”), and Patrol Solutions, LLC, a
California limited liability company (“SUBRECIPIENT” or “CONTRACTOR”).
RECITALS:
A.The American Rescue Plan Act (“ARPA”) was signed into law in March 2021. ARPA
provides funding for a number of different programs, including the Coronavirus State and
Local Fiscal Recovery Fund (“SLFRF”), to provide monetary support to local governments
to respond to, mitigate, and recover from the COVID-19 public health emergency.
B.On July 20, 2021, the Santa Ana City Council authorized the City Manager to utilize ARPA
SLFRF funding from the United States Department of Treasury for the Revive Santa Ana
Spending Plan, which includes five spending categories: recovery from the pandemic, direct
assistance programs, public health and safety, critical infrastructure, and city fiscal health.
C.On August 19, 2021, the CITY released Request for Proposals No. 21-099 (“RFP”) for
downtown Santa Ana unarmed security guard services. A copy of the RFP is attached
herewith as Exhibit A.
D.SUBRECIPIENT has been selected by the CITY to receive ARPA SLFRF Funds in order to
provide unarmed security guard services, in accordance with the Scope of Work attached
hereto as Exhibit B and incorporated herein by reference (“said program”). SUBRECIPIENT
represents that it is qualified and willing to operate said program and certifies that the
administration of said program carried out with funds provided under this Agreement will
meet ARPA’s objectives to respond to, mitigate, and recover from this historic COVID-19
public health crisis.
E.SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit B
for said program. Failure to follow the requirements and meet the stated expectations may
constitute breach of contract that could result in termination of this Agreement or serve as
reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to
this Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following terms and conditions are approved and together
with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
EXHIBIT 1
City Council 16 –5 11/16/2021
2
I. ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and
services of said program, and agrees to administer said program in compliance with the tasks and
services as described in the Scope of Work attached hereto as Exhibit B. SUBRECIPIENT’s failure
to perform as required may, in addition to other remedies set forth in this Agreement, result in
readjustment of the amount of funds for said program or termination of this Agreement.
B. Term of Agreement. The term of said Agreement shall commence on the date first
written above and continue through November 15, 2022 (“Base Period”), with two (2) options to
extend the term for one (1) additional year (each an “Option Period”), at the election of the CITY,
unless terminated earlier pursuant to the terms of this Agreement. The Base Period and any Option
Period(s) will constitute the “Term” hereof. This Agreement shall also cover any and all services
provided by the SUBRECIPIENT to the CITY since the date the ARPA SLFRF Funds were
awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing
executed by the City Manager, or designee, and the City Attorney.
C. Amount of Grant Funding. The potential total amount of funds provided for said
program shall not exceed five-hundred and forty-five thousand dollars ($545,000.00) (“ARPA
SLFRF Funds”) during the Term of the Agreement. SUBRECIPIENT agrees to use said ARPA
SLFRF Funds to administer said program as outlined in the Budget attached hereto as Exhibit C.
D. Disbursement of Funds. Said ARPA SLFRF Funds shall be disbursed by CITY to
SUBRECIPIENT pursuant to the terms found in the Budget attached hereto as Exhibit C, with
payments subject to the submittal of invoices and other reporting requirements, as hereinafter more
fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally
extend beyond the term, including, but not limited to, obligations with respect to indemnification,
audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a request for ARPA
SLFRF Funds, or return the entire request to SUBRECIPIENT, until such documentation and
reporting has been received and approved by CITY.
(1) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce
the amount of ARPA SLFRF Funds to SUBRECIPIENT, or to completely terminate this
Agreement, in the CITY’s sole discretion, if there is a reduction in ARPA SLFRF Funds provided
to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the
grant application if the CITY’s fiscal monitoring indicates that SUBRECIPIENT’s rate of
expenditure will result in unspent funds at the end of the program term. Amendments in the grant
allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received
under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds
remaining as of the end of the Term, which have not been utilized, shall be returned by
SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the
EXHIBIT 1
City Council 16 –6 11/16/2021
3
Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end
of the Term of the Agreement.
E. Grant Program Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the
federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make
necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA
SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and
will not use these funds for any other uses.
F. Performance Monitoring.
(1) SUBRECIPIENT shall submit program performance information as often as
requested by CITY, but no less than the submission of monthly reports and a final report to CITY
with the information requested by and in the format acceptable to CITY. Each monthly report is due
within thirty (30) days of completion of work for each month. The final report is due within thirty
(30) days after the termination or expiration of this Agreement.
(2) CITY will evaluate SUBRECIPIENT’s management and operation of said
program with respect to the project expectations as described in Exhibit B.
(3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are
used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or
grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the
SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination
procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory
agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other
CITY representative to permit the same to determine SUBRECIPIENT’s conformity with the terms
of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the
terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the
services in conformance with the terms of the Agreement at no additional cost. The CITY may also
terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY
because of SUBRECIPIENT’s failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self-monitoring and
quality control and assurance to ensure proper performance under this Agreement; and shall permit a
CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT’s
performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.
EXHIBIT 1
City Council 16 –7 11/16/2021
4
G. Audit.
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting
documentation to facilitate financial and/or program audits by CITY. This requirement shall apply
to any records and documentation CITY shall reasonably require or as required to be maintained
pursuant to the ARPA regulations.
(2) The books and accounts, files, and other records of SUBRECIPIENT, which are
applicable to this Agreement, shall be available for inspection, review, and audit during normal
business hours by CITY to determine the proper application and use of all ARPA SLFRF Funds
provided to or for the account or benefit of SUBRECIPIENT.
(3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of
money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized
agency, rule through audit, exception, or some other appropriate means, that expenditures from funds
allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance
with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform
Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of
completed independent auditors’ report within thirty (30) days of CITY’s request for such report. If
the report contains instances of non-compliance with federal laws and regulations that bear directly
on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY copies
of responses to auditors’ reports, a plan for corrective action, and auditors’ response that the
noncompliance has been resolved. All reports prepared in accord with the requirements of OMB
Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the
federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses
and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement
shall be maintained and kept available at SUBRECIPIENT’S office or place of business for the
duration of the Agreement and thereafter for five (5) years from the date of final payment under
this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or
litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this
Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims,
or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents
available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and
reasonable expenses incurred by CITY in conducting any audit at the location where said records and
books of account are maintained.
H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or
products in any form, including electronic, created by SUBRECIPIENT for which
SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of
the CITY. The material, reports, or products may be used by the CITY for any purpose that the
CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within
EXHIBIT 1
City Council 16 –8 11/16/2021
5
the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part
such materials, reports, or products without prior written authorization of the CITY.
I. Close-Out. SUBRECIPIENT agrees to comply with the closeout procedures
detailed in 2 CFR §200.343, including the following:
(1) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the
end date of the period of performance, all financial, performance, and other reports as required by
the terms and conditions of this Agreement;
(2) SUBRECIPIENT must promptly refund any balances of unobligated cash that
the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than
one year after receipt and acceptance of all required final reports.
II. SUBRECIPIENT’S OBLIGATIONS
A. Representations and Warranties.
(1) Authority. SUBRECIPIENT is a duly organized and existing limited liability
company in good standing and authorized to do business under the laws of the State of California.
SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, performance and delivery of this
Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of
SUBRECIPIENT.
(2) Experience. SUBRECIPIENT is qualified to provide the services for said
program detailed herein.
(3) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the services to
be performed and provided for said program as detailed in Exhibit B; (ii) it has carefully
considered how the services should be performed; and, (iii) it fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement.
(4) No Conflict. To the best of SUBRECIPIENT’S knowledge,
SUBRECIPIENT’S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
EXHIBIT 1
City Council 16 –9 11/16/2021
6
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT’S
performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in
SUBRECIPIENT’s proposal submitted to CITY, including any exhibits, are true and correct in all
material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, which would relate to or
affect performance of the Agreement or provision of services hereunder.
B. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
C. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activities. Should
SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-
faith efforts to gain compliance with local, state or federal rules and regulations following written
notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT
shall notify CITY immediately of any pending violations. Failure to notify CITY of pending
violations, or to remedy such known violation(s) shall result in termination of grant funding
hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into
compliance with the law within sixty (60) days of notification of the violation(s); failure to gain
compliance within such time shall result in termination of grant funding hereunder.
D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant
to this Agreement shall be maintained in an account in a federally insured banking or savings and
loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR
200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for
ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt,
obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR
200.302 requirements.
E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
expends Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance
with the standards as set forth and published by the United States Office of Management and Budget.
SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the
program year in which this Agreement is executed.
EXHIBIT 1
City Council 16 –10 11/16/2021
7
F. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the
funds being provided by CITY for said program are received by CITY pursuant to ARPA, and that
distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all
pertinent regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Any program income received by
SUBRECIPIENT shall be returned to CITY, unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to in this
Agreement.
G. Debarment. To protect the public interest and ensure the integrity of Federal
programs, CITY may only conduct business with responsible persons and may not make any award
or permit any award to any party which is debarred or suspended or is otherwise excluded from or
ineligible for participation in Federal assistance programs under Executive Order 12549,
“Debarment and Suspension”. See also 24 CFR 570.609. SUBRECIPIENT must review and sign
Exhibit E “Debarment”, which is attached hereto and incorporated herein by this reference.
SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State,
Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension
of SUBRECIPIENT shall be reported immediately to CITY.
H. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall
submit to CITY or its representatives, all records requested, including audit, examinations, monitoring
and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered
hereunder.
I. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of
CITY.
J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA
SLFRF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if
on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts
or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If
SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify distribution or expenditure
of the ARPA SLFRF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the
CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances.
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances
and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA
SLFRF Funds under this Agreement.
EXHIBIT 1
City Council 16 –11 11/16/2021
8
L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or gifts, or
other prohibited uses.
M. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C.
1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be
expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person
for influencing or attempting to influence an officer or employee of any agency, Member of Congress,
or an officer or employee of a Member of Congress in connection with awarding of any federal
contract, the making of any federal grant or loan, entering into any cooperative agreement and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit
F, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said
signed certification to CITY prior to performing any of its obligations under this Agreement and prior
to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms
and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit a “Disclosure Form to Report Lobbying,” in accordance with its instructions
(Exhibit E).
N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative
fees to pay salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to administering said program under the terms of this
Agreement, or who are in a position to participate in a decision-making process or gain inside
information with regard to the administration of said program, may obtain a financial interest or
benefit from said program, either for themselves or those with whom they have family or business
ties, during their tenure or for one year thereafter. This prohibition applies to any person who is
an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any
designated public agency, or the SUBRECIPIENT.
O. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor standards insofar as those acts
apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the
Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that
demonstrates compliance with hour and wage requirements of this part. Such documentation shall
be made available to the CITY for review upon request.
EXHIBIT 1
City Council 16 –12 11/16/2021
9
P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to
ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal
employment opportunities for minorities and women.
Q. Women and Minority-Owned Businesses (W/MBE). SUBRECIPIENT will use its
best efforts to afford small businesses, minority business enterprises, and women’s business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement in accordance with the requirements of 2 CFR 200.321 “Contracting with small and
minority businesses, women’s business enterprises, and labor surplus area firms”. As used in this
Agreement, the term “small business” means a business that meets the criteria set forth in section
3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business
enterprise” means a business at least fifty-one percent (51%) owned and controlled by minority
group members or women. For the purpose of this definition, “minority group m embers” are
African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-
Americans, and American Indians. SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
R. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and
to execute a certification as set forth in Exhibit G attached hereto and incorporated herein by this
reference.
S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. The following requirements and standards must be complied with: 2 CFR
Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance
with the requirements of 2 CFR 200.318-326.
III. CITY'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the
Code of Federal Regulations and other applicable federal laws and regulations.
B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and subgrant supported activities to assure
compliance with federal requirements. Such monitoring covers each program, function and activity
and performance goals are reviewed periodically.
C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT
against goals and performance standards required herein. The SUBRECIPIENT shall be
responsible to accomplish the project expectations as set forth in Exhibit B, and report such results
to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT
is to contact the CITY, at which time the CITY will determine if any adjustments to the grant
award is appropriate. Substandard performance as determined by the CITY will constitute non-
compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not
EXHIBIT 1
City Council 16 –13 11/16/2021
10
performed its obligations as stated in this contract in a satisfactory manner, or if the CITY
determines that insufficient supporting information has been submitted, the CITY shall notify the
SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has
to the SUBRECIPIENT’s performance. If action to correct such substandard performance is not
taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time
as stipulated in the written notification, contract suspension or termination procedures will be
initiated.
IV. GENERAL PROVISIONS
A. Non-Discrimination.
1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires
that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against
any employee or applicant for employment because of race, religion, sex, color or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or
transfer, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this nondiscrimination clause.
2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964,
which indicates that no person shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program of activity
receiving federal financial assistance.
3. No person shall, on the grounds of race, sex, creed, color, religion, marital status,
national origin, age, sexual orientation, or physical or mental handicap be excluded from participation
in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or
employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on
the basis of age or with respect to an otherwise qualified handicapped person as provided for under
Section 109 of the Housing and Community Development Act of 1974, as amended.
4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975,
which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to
discriminate against any employee or applicant for employment because of age. Such action shall
include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of
pay or other forms of compensation, and selection for training, including apprenticeship.
SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age
discrimination clause.
5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of
1973, which requires that no otherwise qualified individual with a disability in the United States, shall,
solely by reason of his or her disability, be excluded from the participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
EXHIBIT 1
City Council 16 –14 11/16/2021
11
assistance or under any program or activity conducted by any executive agency or by the United
States Postal Service.
B. Conflict of Interest. Pursuant to the conflict of interest requirements set forth in 24
CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee,
agent or assignee of CITY having direct or indirect control of any ARPA SLFRF Funds granted to
the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT.
Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully
disclosed in writing prior to the execution of this Agreement and said writing shall be attached and
deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY
regarding any changes or modifications to its board of directors and list of officers.
C. Special Certification for Religious Entities. If SUBRECIPIENT is a religious entity,
SUBRECIPIENT hereby agrees that in connection with the provision of the services
SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):
1. SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in employment
to persons on the basis of religion.
2. SUBRECIPIENT shall not discriminate against any person applying for the
services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion
and shall not limit such services or give preference to applicants for such services on the basis of
religion.
3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
4. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols.
5. Where the services to be provided under said program are rendered on property
owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for
minor repairs to such property, which are directly related to the cost of rendering the services under
said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA
expenditure for rendering the services under said program.
D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of
any person to fill a position funded through this Agreement if a member of that person’s immediate
family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this
EXHIBIT 1
City Council 16 –15 11/16/2021
12
section, the term “immediate family” means spouse, child, mother, father, brother, sister, brother-in-
law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, stepparent and stepchild. The term “administrative capacity” means having selection, hiring,
supervisor or management responsibilities.
E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by
U.S. Mail, postage prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Steven Mendoza
Executive Director
Community Development Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: Patrol Solutions
Carl Cunningham
General Manager
10016 Pioneer Blvd., Suite 109
Santa Fe Springs, CA 90670
415-760-8116
F. Assignability. None of the duties of, or work to be performed by, SUBRECIPIENT
under this Agreement shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and
other agreements that relate to this Agreement to CITY. No subcontract or assignment shall
terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
G. Indemnification/Hold Harmless. SUBRECIPIENT shall indemnify, defend and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and against any
and all damages to or for loss of use of property and for injuries to or death of any person or persons,
including property and employees or agents of CITY, and shall defend, indemnify and save harmless
CITY, its officers, employees, agents, representatives and volunteers from and against any and all
claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of
limitation, workers compensation claims and including attorney fees and reasonable expenses for
litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and
suppliers arising out of SUBRECIPIENT's performance of this Agreement.
H. Insurance.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder and the results of that work by the Contractor, its agents,
representatives, employees, or subcontractors.
EXHIBIT 1
City Council 16 –16 11/16/2021
13
a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $2,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. If the Contractor maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Contractor. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b. Other Insurance Provisions – The insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CG L policy with
respect to liability arising out of work or operations performed by or on behalf
of the Contractor including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Contractor’s insurance (at least
as broad as ISO Form CG 20 10 11 85 or if not available, through the addition
of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if a
later edition is used).
2. Primary Coverage: For any claims related to this contract, the Contractor’s
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Contractor’s insurance and shall
not contribute with it.
3. Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right
to subrogation which any insurer of said Contractor may acquire against the
EXHIBIT 1
City Council 16 –17 11/16/2021
14
City by virtue of the payment of any loss under such insurance. Contractor
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5. Self-Insured Retentions: Self-insured retentions must be declared to and
approved by the City. The City may require the Contractor to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-
insured retention may be satisfied by either the named insured or City.
6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best’s rating of no less than
A:VII, unless otherwise acceptable to the City.
7. Claims Made Policies (note – should be applicable only to professional
liability, see below): If any of the required policies provide claims-made
coverage:
1. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract of
work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Contractor must purchase “extended reporting”
coverage for a minimum of five (5) years after completion of contract
work.
8. Verification of Coverage: Contractor shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Contractor’s obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9. Special Risks or Circumstances: City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
I. Termination.
1. This Agreement may be terminated on thirty (30) days’ written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for
EXHIBIT 1
City Council 16 –18 11/16/2021
15
approved expenses incurred to the effective date of termination.
2. This Agreement may be suspended or terminated by CITY upon five (5) days’
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPA SLFRF
Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred up to the effective date of suspension or termination.
3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to
fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of: (1) any payments made for services not subsequently performed in a timely and satisfactory
manner; and, (2) costs incurred by CITY in obtaining substitute performance.
4. The grant of funds under this Agreement may be terminated for convenience by
either the CITY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of portion termination, their portion to be terminated.
However, if in the case of a partial termination, the CITY determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the CITY may terminate
the award in its entirety.
5. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibit B.
6. The grant of funds under this Agreement may be terminated due to the failure of
the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to
this Agreement.
7. In the event this Agreement is terminated as set forth in subparagraphs I(1)
through I(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand
and prior to any adjudication of SUBRECIPIENT’s rights, any and all funds not used, and to comply
with the Reversion of Assets requirements in this Agreement.
J. Limitation of Funds. The United States of America may in the future place
programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not
presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take
account of actions affecting ARPA program funding. In the event of funding reduction, CITY may,
in its sole and absolute discretion, reduce the budget of this Agreement, may limit the rate of
SUBRECIPIENT’s authority to utilize funds, or may restrict SUBRECIPIENT’s use of uncommitted
funds. Where CITY has been directed to implement a reduction in funding, with respect to funding
EXHIBIT 1
City Council 16 –19 11/16/2021
16
for this Agreement, CITY’s City Manager or delegate is authorized to act for CITY in implementing
and effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT’s fiscal
accountability or compliance with this Agreement, CITY may suspend the operation of this
Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revisions made by CITY affect expenditures and legally binding commitments made by
SUBRECIPIENT before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are consistent with
ARPA SLFRF Funds withdrawal guidelines.
K. Exclusivity and Amendment of Agreement. This Agreement supersedes any and all
other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's
ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between
the parties with respect to SUBRECIPIIENT’s administration of said program. 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, and that no other agreement or amendment hereto shall be effective unless executed
in writing and signed by both CITY and SUBRECIPIENT.
L. Laws Governing this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of California, and all applicable federal laws and regulations.
M. Validity and Severability. The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any other provision of this Agreement. Whenever
possible, each provision of this AGREEMENT shall be interpreted in such manner as to be
effective and valid under applicable law, but if any provision of this AGREEMENT is held to be
prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent
of such prohibition or invalidity, without invalidating the remainder of such provisions of this
AGREEMENT.
N. Waiver. No delay or omission by either party hereto to exercise any right or power
accruing upon any noncompliance or default by the other party with respect to any of the terms of
this Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof or
of any other covenant, condition or agreement herein contained.
O. Federal Award Identification Information. SUBRECIPIENT’s pertinent Federal
Award Identification Information, including DUNS Number and Federal Award Identification
Number (FAIN), as well as the applicable information for ARPA, are included in Exhibit D
attached hereto and incorporated herein by this reference.
EXHIBIT 1
City Council 16 –20 11/16/2021
17
P. Miscellaneous Provisions.
1. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify CITY fully, including reasonable costs and attorney’s fees, for any injuries or
damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
2. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
3. This Agreement must be signed below and may be signed in counterpart and
delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that
displays the original or a copy of the signatures. Any subsequent amendments may be signed and
delivered in the same manner.
{Signatures on following page}
EXHIBIT 1
City Council 16 –21 11/16/2021
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year
first written above.
ATTEST: CITY OF SANTA ANA
________________________ ________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
______________________________ ______________________________
STEVEN MENDOZA Name:
Executive Director Title:
Community Development Agency DUNS #:
Carl S. Cunningham
General Manager
81-4243449
EXHIBIT 1
City Council 16 –22 11/16/2021
19
EXHIBIT A
REQUEST FOR PROPOSALS
EXHIBIT 1
City Council 16 –23 11/16/2021
Exhibit A
REQUEST FOR PROPOSALS (RFP) NO. 21-099
FOR
DOWNTOWN SANTA ANA
UNARMED SECURITY GUARD SERVICES
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
Project Manager: Julie Castro-Cardenas
Economic Development Specialist II
KEY RFP DATES:
The schedule below is tentative and subject to change at the discretion of City, with appropriate
notice to prospective Proposers.
Issue Date: Wednesday, August 19, 2021
Deadline for Requests for Information: Wednesday, September 1, 2021, by 2:00 PM
Proposal Due Date: Wednesday, September 8, 2021, by 2:00 PM
Review of Proposals: September 8 – September 30
Interview Proposers: Wednesday, September 15, 2021 (by invitation only)
Selection of Bidder: On or about September 30, 2021
EXHIBIT 1
City Council 16 –24 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 2 of 39
TABLE OF CONTENTS
I. BACKGROUND ................................................................................................................................................ 3
II. OVERVIEW OF PROJECT .................................................................................................................................. 3
III. SCOPE OF SERVICES ........................................................................................................................................ 4
IV. TERM OF AGREEMENT ................................................................................................................................... 9
V. RFP SCHEDULE OF EVENTS ............................................................................................................................. 9
VI. RESPONSE TO RFP .......................................................................................................................................... 9
VII. PROPOSAL CONTENTS – STATEMENT OF QUALIFICATIONS (SOQ) .............................................................. 11
VIII. CERTIFICATIONS ........................................................................................................................................... 13
IX. REFERENCES ................................................................................................................................................. 13
X. INSURANCE ................................................................................................................................................... 13
XI. EXCEPTIONS .................................................................................................................................................. 14
XII. SELECTION PROCEDURES & CRITERIA .......................................................................................................... 14
XIII. WITHDRAWALS............................................................................................................................................. 15
XIV. PROTESTS ..................................................................................................................................................... 15
XV. GENERAL TERMS AND CONDITIONS ............................................................................................................. 15
XVI. AWARD OF AGREEMENT .............................................................................................................................. 20
XVII. IMPLEMENTATION ....................................................................................................................................... 20
EXHIBIT 1 .............................................................................................................................................................. 21
ATTACHMENT A .................................................................................................................................................... 21
ATTACHMENT B .................................................................................................................................................... 21
ATTACHMENT C .................................................................................................................................................... 21
ATTACHMENT D .................................................................................................................................................... 21
ATTACHMENT E .................................................................................................................................................... 21
ATTACHMENT F .................................................................................................................................................... 21
ATTACHMENT G .................................................................................................................................................... 21
EXHIBIT 1
City Council 16 –25 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 3 of 39
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of
government in 1952. The City Council is composed of seven members; the Mayor elected at
large and six Council members elected by ward, who appoint the City Manager, City Attorney
and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse
population of approximately 335,000.
The City’s eleven agencies provide all the traditional municipal services, as well as water utility,
library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County
Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions
and has an annual citywide budget is $646 million, including the General Fund budget of $316
million.
The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of
Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange
County, encompasses an area of approximately 27 square miles and is the 11th largest by
population in California.
II. OVERVIEW OF PROJECT
The purpose of this Request for Proposals (RFP) is to identify a contractor to support the City of
Santa Ana, specifically the Downtown area with unarmed security guard services.
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations
(Proposers) to provide unarmed security guard services for Downtown Santa Ana (DTSA) and
the parking structures/surface parking lots within that area. Additional guards may be requested
on an as-needed basis from time to time for other locations, at the discretion of the City of Santa
Ana. The number of hours specified in the scope of services section below is a best estimate
and will be used to evaluate bid results.
The City intends to award the entire bid to a single company.
Funding for this project is derived from “The American Rescue Plan Act of 2021 (ARPA)”. As
such, the RFP is subject to the provisions related to Procurement Standards identified in the
Uniform Guidance CFR Section 200.317 thru 200.327.
The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities
submitting a proposal in response to this Request for Proposals (RFP).
EXHIBIT 1
City Council 16 –26 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 4 of 39
III. SCOPE OF SERVICES
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s)
and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments,
including technical expertise required.
A. Main Objective:
1) Contract an unarmed security guard service company for the entire area of
Downtown Santa Ana (DTSA) with the potential of providing security guard
services to the four parking structures and one surface parking lot within DTSA.
Refer to the diagram above for the boundaries of Downtown Santa Ana including
the city-owned parking structures and surface parking lot.
2) Contracted security services will include guard services 365 days per year with a
range of 40-100 hours per week, contigent upon available funds and need. In
general one guard per shift with the potential of increasing to two guards during
peak times, upon the discretion of the City.
3) The schedule below is a best estimate of service level needs, but selected
contractor should be prepared to provide on-call security guards as needed by
the City or reduce service levels as determined at the City’s sole discretion.
EXHIBIT 1
City Council 16 –27 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 5 of 39
Security Guard Weekly Schedule
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 13 x 3 days = 39
Thursday 9:00am-12:00am 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 14
Sunday 10:00am-10:00pm 12
Total Weekly Hours 95
Note that posts and hours are subject to change by City of Santa Ana.
B. Security Guard Main Responsibilities & Requirements:
1) Maintain direct communication with stakeholders such as City staff and his/her
designee, business owners, business employees, residents, visitors and have
the ability to share contact information such as a work-cell phone.
2) Provide a positive and enforcement presence to deter negative activity and to
promote safety in DTSA.
3) Monitor, observe, and report illegal activities, suspicious activities, and provide
assistance to merchants, businesses, residents, and City staff.
4) Visually inspect and observe outdoor designated checkpoints at regular intervals
to maintain adequate security coverage throughout DTSA.
5) Contact Santa Ana Police Department when necessary upon observance of
suspicious behavior or criminal activity such as vandalism.
6) Submit daily activity reports within six hours of prior security shift, noting any
security incidents, suspicious activities, or calls to Santa Ana Police Department.
7) The security guard services include, but are not limited to: patrolling areas by
foot, bicycle or street-legal cart; monitoring and responding to security issues,
and performing the post orders and pass down duties.
C. Supervisor Requirements
1) Has at least 12 months prior work experience as a security guard supervisor.
Include this information as part of the requirement for Exh. A., Section 1.02.4.
2) Has training and supervisory experience commensurate with the requirements
as specified herein.
3) Ensure that all posts have an approved security guard at all times and for the
duration required.
4) Ensure that the Contractor provides an approved security guard for any late,
absent or dismissed security guards.
5) Act as the liaison between City and Contractor regarding all issues pertaining to
security guard and performance.
6) Supervisor must be available whenever guard shifts are being performed,
including holidays, by telephone to respond to any issues that may arise as
EXHIBIT 1
City Council 16 –28 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 6 of 39
specified herein and respond to any such inquiries in a timely manner while
implementing appropriate resolution actions.
D. Security Guard Requirements
1) English & Spanish language skills required.
2) Abide by all requirements as specified herein. Abide by all legal requirements.
3) Abide by all applicable California Bureau of Security and Investigative Services
requirements.
4) Hold a valid security guard registration.Have at least 12 months prior work
experience with a valid security guard registration.
5) Wear the appropriate uniform at all times while performing duties.
6) Show up on time, as scheduled and work duration of assigned shift.
7) Perform all of the Post Orders and Pass Downs as applicable.
8) Perform duties in a professional manner at all times, including appropriate
behavior and attitude, well-maintained appearance including, but not limited to:
covering up inappropriate tattoos, and no jewelry except wedding ring and/or
watch.
9) Exhibit competent command of the English language and efficient in
communicating with the public.
E. Uniforms
1) Furnish and provide well-maintained matching soft uniforms for each event
security guard including but not limited to: jacket, shirt, pants, shoes, raingear
(as-needed basis for inclement weather). Must adhere to City’s COVID-19
safety protocols such as wearing a facial covering (mask) when appropriate (i.e.
within six feet of any individual).
2) Ensure that appropriate identification badges, patches, or screen prints are
easily seen by City Staff and all visiting patrons.
3) Furnish and provide sufficient quantity of each item above to allow each security
guard to have an appropriate number of change outs: shirts and pants on a per
shift basis; shoes on an as-needed basis.
4) Ensure that all uniforms are clean and well pressed and always look
professional.
5) Security guards are not to substitute any of the above uniform articles.
6) Any security guard who reports to their assigned post and does not have the
appropriate uniform must be immediately (within 1 hour) replaced with a guard
that has the appropriate uniform.
F. Equipment
1) Furnish and provide cell phone to facilitate on-site communication between
guards, supervisor, business owners, residents, City staff and his/her designee.
2) Transportation car/golf cart/electric vehicle (optional element of this RFP): ability
to research a transportation car/golf cart/electric vehicle that is street-legal that
can be purchased by the contractor on behalf of the City, which will ultimately
become City property at the termination of the agreement with proper
reimbursement for the cost of the vehicle. Transportation vehicle will be used
EXHIBIT 1
City Council 16 –29 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 7 of 39
predominantly for security guards to patrol the area more efficiently and may be
used to transport goods and/or people for urgent or sensitive matters in DTSA.
G. Reports
1) Submit activity reports from the prior security shift within six hours, in the
method required, and on the forms required.
2) Include any pertinent information or backup documentation with your reports.
3) General: Report immediately, verbally and or in writing as soon as practically
possible taking safety into consideration; especially concerning issues that may
require immediate action to avoid potential escalation. If possible, take photos of
the observation or interaction and attach to email, text, pictures, and written
reports.
4) Safety, Injury, or Damage: any impending, occurring, or potential hazards,
incidents, or accidents that have harmed, are harming, or could likely harm
persons, animals, plants, property, environment, or the like.
5) Public Nuisances: any observations of any public nuisances.
6) Business Interactions: any interactions with business owners and or persons.
7) Work Performance Delays: anything that is or could potentially delay or prevent
work from being performed within the designated times and locations.
8) Follow up Activities: all action items from the above section, which may have
been verbally reported, but a written report was not possible at the time; and all
action items as required by City Representative.
H. License and Permits
1) Contractor and assigned personnel shall possess all licenses and permits
required by the following entities: federal, state, county, city, and other
necessary entities.
I. Provide Security Guards for as-needed assignments within 24 hours of notification from
City Representative.
J. Legal & Best Practice Requirements
1) Be self-informed, abide by, and comply with all, current and applicable, local,
county, state, federal or other legal requirements and best practices at all times.
2) Do not cause, allow to be caused, or permit the continuance of any violation of
any legal requirements or best management practices.
3) Be responsible and bear all associated costs should any work be performed in
contrary to any laws, ordinances, codes, rules, or regulations.
4) Must have a valid State of California, Bureau of Security and Investigative
Services, Private Patrol Operator's license for the required work.
5) Contractor must provide everything necessary at company expense including,
but not limited to all labor, supplies, tools, equipment, and the like required to
perform and complete the required services.
6) Contractor must perform and comply with all work per these specifications,
according to all applicable and acceptable industry standards, of the highest
quality commensurate with the required service.
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7) Contractor must comply with and be fully responsible at all times for being up-to-
date regarding all applicable legal requirements in accordance with the attached
specifications.
K. Security guard/supervisor/liaison that does not meet all legal requirements and all
requirements as specified herein, as deemed in City Representative’s sole discretion,
must be immediately removed from post assignment, is not permitted to be reassigned
to any City post, and must be replaced immediately with a security guard who meets all
legal requirements and all requirements as specified herein; NO EXCEPTIONS.
L. At City’s sole discretion, City may allow a security guard, who is removed from post
assignment, to be reassigned only after said security guard has been fully retrained or
received additional training at Contractor’s sole expense and to City’s satisfaction.
M. General Requirements – Company
1) Orientation time is billable for no more than thirty (30) minutes unless City has
specifically requested an earlier arrival. Late arrivals will be assessed liquidated
damages.
2) When multiple guards are required, only the security guard supervisor will be
paid for the orientation time.
3) Keep an updated and approved security guard list, which must include, but not
limited to:
4) Full Name: First, Middle, Last
5) Photo: Current, face
6) Address: Residence
7) Phone Numbers: Contact
8) Security Guard Registration: current
9) CA driver’s licenses: current
10) Experience: at least 12 months prior work experience as a registered security
guard
11) Do not place any guards at any posts unless that guard is on the approved
security guard list.
N. Holidays: only the listed City holidays are subject to any premium rates (overtime, etc.)
LN DATE EVENT
1 January 1 New Year’s Day
2 Third Monday in January Martin Luther King’s Birthday
3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
7 November 11 Veteran’s Day
8 Fourth Thursday in November Thanksgiving Day
9 Friday after Thanksgiving
10 December 25 Christmas Day
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IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its
discretion, extend the agreement with the same or more limited scope of required services for
two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council
approval, or City Manager or City Attorney authorization, as appropriate. The total term of the
awarded agreement shall not exceed three (3) years.
V. RFP SCHEDULE OF EVENTS
A. Schedule below is tentative and subject to change at discretion of City, with appropriate
notice to prospective Proposers. Times indicated are Pacific Time.
Issue Date: Wednesday, August 19, 2021
Deadline for Requests for Information: Wednesday, September 1, 2021, by 2:00 PM
Proposal Due Date: Wednesday, September 8, 2021, by 2:00 PM
Review of Proposals: September 8 – September 30
Interview Proposers: Wednesday, September 15, 2021 (invitation only)
Selection of Bidder: On or about September 30, 2021
VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been
uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required
sections and forms, shall be submitted electronically via the City’s Bid Management System,
PlanetBids. No other form of submittal will be accepted.
PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will
receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their
proposal was submitted successfully. The City will only receive and consider those proposals
that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization
of the bid management system, for ensuring the capability of their computer system to upload
the required documents, and for the stability of their internet service. Failure of the Proposer
to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief
will be given for late and/or improperly submitted proposals. Proposers experiencing any
technical difficulties with the bid submission process may contact PlanetBids at (818) 992-
1771. Questions of an operational nature may be directed to the City’s assigned Project
Manager(s). Neither the City, nor PlanetBids, makes any guarantee as to the timely
availability of assistance, or assurance that any given problem will be resolved by the bid
submission deadline.
Proposals shall NOT be mailed or sent via telegraphic, electronic, or facsimile means.
All notifications, updates and addenda will be posted online on PlanetBids at
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be
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responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in
response to this RFP, or who submit a proposal in response to this RFP, are only to
communicate with the assigned Project Coordinator(s), and no other City staff about this RFP
from the date this RFP is issued until a contract is awarded. The City will provide all official
communication concerning this RFP in writing via the City’s Bid Management System,
PlanetBids.
General questions regarding this RFP may be directed to the City's assigned Buyer utilizing
the City's PlanetBids system.
The City will not be responsible for or bound by any oral communication or any other
information or contact that occurs outside the official communication process specified
herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS
Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions
will be posted on PlanetBids no later than the date and time shown at the schedule of key
RFP dates above (if applicable). All prospective Proposers are advised to visit PlanetBids on
a regular basis as responses may be posted earlier than the date above (if applicable).
No verbal requests or responses will be accepted. Significant interpretations or clarifications
will be addressed via addenda to this RFP.
D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum
or amendment. Notification of such addendum or amendment shall be posted on City’s
PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this
solicitation.
E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision,
or requirement of the RFP that the Proposer does not understand. Responses to inquiries,
if they significantly change or clarify the RFP requirements or any aspect of the procurement
process, will be forwarded by addenda to all Proposers. The City will not be bound by any
oral responses to inquiries. By submitting proposals, Proposers assert that they have fully
read the RFP and any addenda issued by the City, the proposed Contract and any other
Contract Documents, and affirm that the terms and conditions stated therein are fully
understood and are acceptable to the Proposer. Each Proposer accepts the terms and
conditions of the Contract Documents and indicates their ability and willingness to perform
the requested services under such terms and conditions. Any exceptions to the terms and
conditions set forth in the Contract Document should be clearly noted in each Proposer’s
proposal.
Please direct all questions regarding the procurement process to:
Eva Pierce, Buyer
City of Santa Ana
Finance & Management Services – Purchasing Division
Email: epierce@santa-ana.org
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Phone: (714) 647-6584
VII. PROPOSAL CONTENTS – STATEMENT OF QUALIFICATIONS (SOQ)
A. Proposals (Statement of Qualifications) are to be prepared in such a way as to provide a
straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.
Colored displays, promotional materials, photographs etc., are not necessary, but may be
included. Emphasis should be concentrated on conformance to RFP instructions,
responsiveness to the RFP requirements, and on completeness and clarity of content. Digital
dividers and clear organization of content and material are encouraged and will be excluded
from the page count.
B. Format:
1) Standard 8 x11 ½ page size, max 1.5 spaced, Times New Roman, minimum 11 point
font, one inch margins maximum, include table of contents, 10 pages maximum for the
entire proposal (digital dividers and clear organization of content and material are
encouraged and will be excluded from the page count).
C. Cover Letter
1) Proposals shall include a letter signed by a principal or authorized representative who
can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page. Cover letter must be addressed to the
following City Project Manager:
Julie Castro-Cardenas, Economic Development Specialist II
City of Santa Ana – Community Development Agency
20 Civic Center Plaza M-25
Santa Ana, CA 92701
D. Services Provided
1) A description of proposed services to be provided and how they meet the needs of
the City as described in Section III – Scope of Services (above).
E. Firm and Team Experience
1) A general description of the firm, including size and number of employees working
directly with the City on this agreement.
2) Describe in detail Proposer’s prior experience in providing security guard services.
3) Firm’s nearest address serving the City of Santa Ana and headquarters address.
4) Name and contact information of the supervising Project Manager, to be assigned to
the agreement. The Project Manager shall act as a liaison between the City and
Contractor during the term of this agreement. This Project Manager shall be subject to
approval by the City and shall not be changed without the written consent of the City’s
designated Project Manager(s), which consent shall not be unreasonably withheld.
5) The City’s Project Manager(s) shall have the right to require the removal and
replacement of the Consultant’s Project Manager from providing services to the City
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under this agreement. The City’s Project Manager(s) shall notify the Contractor in
writing of such action. The Consultant shall accomplish removal within five (5)
business days after written notice by the City’s Project Manager(s). The City’s Project
Manager(s) shall review and approve the appointment of the replacement for the
Consultant’s Project Manager or Subconsultant(s). The City is not required to provide
any additional information, reason or rationale in the event it requires the removal of
Consultant’s Project Manager or Subconsultant(s).
6) Brief biographies for key staff assigned to this agreement and proposed
subconsultants, including specific experiences in performing the work that is being
solicited in this RFP, assigned role(s), and commitment that personnel will be available
throughout the agreement. Resumes should be organized clearly and include
education and experience at minimum.
7) A description of the Proposer’s experience in providing similar services to those
requested in this RFP to other similar agencies. Include years of experience regarding
the development, coordination, and implementation of security guard services.
8) Describe one or more projects executed by the Proposer that makes your firm stand
out compared to other firms.
F. Proposed Work Plan
1) Proposal shall include a statement demonstrating the firm’s understanding of the
Scope of Services and how the work plan will align with the dynamic needs of
Downtown Santa Ana.
2) Anticipated approach to performing services as specified herein;
3) Suggestions or special concerns the evaluation committee should take into
consideration (if any);
4) Description of deliverables and implementation plan. Proposer shall submit a general
description of the deliverables, implementation plan, and timeline
G. Cost/Budget Proposal
1) Please use the excel spreadsheet to formulate the Budget Proposal for this RFP, see
Attachment G and download the electronic version from PlanetBids.
2) All Proposers are required to submit a fixed rate fee with their Budget Proposal. Pricing
instructions should be clearly defined to ensure fees proposed can be compared and
evaluated. Budget Proposal must include a payment schedule if applicable. City
reserves the right to negotiate compensation and/or payment schedule prior to award
of any resulting agreement.
3) Proposals shall be valid for a minimum of one hundred eighty (180) days following
Proposal deadline. The cost for developing the Proposal is the sole responsibility of
the Proposer. All Proposals submitted become property of the City.
4) Cost must include all expenses, including but not limited to travel, mileage, parking,
lodging, meals, incidental fees, freight/shipping and handling/delivery, and any other
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supplies and materials related to providing services as specified herein. Additional
costs will not be considered and will not be reimbursed by the City.
VIII. CERTIFICATIONS
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms,
included in this RFP, shall be signed and included as part of the proposal submittal package:
Attachment A: Proposer’s Certification and Proposal Item Pricing
Attachment B: References
Attachment C: Proposer’s Statement
Attachment D: Non-Collusion Affidavit
Attachment E: Non-Lobbying Certification
Attachment F: Non-Discrimination Certification
PLEASE NOTE: City will not be waiving notarization requirement when applicable on any
of the required attachents.
IX. REFERENCES
Contractor shall provide three (3) references from other similar customers for which services
similar to those specified in this RFP have been performed, including contact names and
telephone numbers. Use Attachment B – References. The respondent grants permission for
the City to contact any individuals listed as references.
City may disqualify a Proposer if:
• References fail to substantiate Proposer’s description of services and
deliverables provided; or
• References fail to support that Proposer has a continuing pattern of providing
capable, productive, and skilled personnel, or
• City is unable to reach the point of contact with reasonable effort. It is the
Proposer’s responsibility to inform the point of contact(s) of normal City
working hours.
X. INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in
the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.
Contractor must maintain, for the duration of its contract, insurance coverages as required by
the City.
Additionally, Contractor shall provide the following insurance coverage:
A warrant that the firm maintains a prudent amount of errors and omissions insurance that covers
negligent acts and is applicable to the work requested in this RFP.
Work on the contract shall not begin until after the awarded Contractor has submitted acceptable
evidence of the required insurance coverages.
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XI. EXCEPTIONS
The proposal must be completely responsive to this RFP. Any exceptions to the requirements of
this RFP must be clearly stated in the proposal. Such exceptions must be included as a separate
element of the proposal entitled, “Exceptions and Deviations”. The City’s Project Manager, in his
sole and absolute discretion, may authorize or deny any exceptions.
XII. SELECTION PROCEDURES & CRITERIA
The City will establish a proposal review committee. The review committee will evaluate
proposals based on the response to the RFP, which includes adherence to outlined directions
and format, and the City evaluation criteria set forth below.
Proposers will be ranked by the review committee based on the following criteria:
A. A final score will be calculated for each submitted proposal and used to rank Proposers.
Based upon the foregoing criteria, all proposals shall be ranked by score.
B. The City is under no obligation to accept any proposal and reserves the right to negotiate
with respondents as to fees and terms. The City may reject proposals at its sole discretion.
If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-
responsive and may be rejected.
The City shall not be obligated to accept the lowest priced proposals, but will make awards
in the best interests of the City after all factors have been evaluated.
The review committee will recommend the qualified Proposers to the City Council or City
Manager for award of contract, as appropriate.
CATEGORY POINTS
Overall understanding of the Required Services
- Compliance with the requirements of this RFP
- Suitable contractor services inline with Scope of Services in RFP
- Thorough understanding of the required services
25
Experience of Firm and Personnel
- Familiarity with Santa Ana’s businesses, residents, and community
- Ability to provide real-time incident reports
- Proactive and innovative approach/strategy/work plan
- Oral Interview
25
Reasonableness of Cost
- Cost of delivering specified services is consistent with industry standards. 25
References
- Previous experience with similar municipalities/areas 25
TOTAL POSSIBLE SCORE 100
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C. The committee may invite the proposers to interview.The City reserves the right to seek
additional information from any or all Proposers invited to present proposals. A final score
will be calculated for each submitted proposal and used to rank Proposers. City reserves the
right to begin negotiations and enter into a contract without holding interviews, or further
discussions.
XIII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.
Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the
proposal by providing written notice of the proposal withdrawal to the City Contact/Project
Manager. Verbal or telephonic withdrawals are not permissible.
XIV. PROTESTS
Proposers may file a “protest” to an RFP with the Project Manager. In order for a Bidder’s protest
to be considered valid, the protest must:
1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00
p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award
Contract on the City’s website;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If
the protest is valid, the Project Manager, or designated City Representative, shall review the
basis of the protest and all relevant information. The Project Manager will provide a written
decision to the protestor within ten (10) business days from receipt of protest. The decision from
the Project Manager, or her/her designee, is final and no further appeals will be considered.
XV. GENERAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and
accepts the Terms and Conditions of this RFP as described below:
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans
with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing
regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against
persons with disabilities nor against persons due to their relationship to or association with a
person with a disability. Any contract entered into by the awarded Contractor (or any
subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.
B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license
within thirty (30) days of selection and must provide a copy to the City projects manager or
designee prior to commencing any work in Santa Ana.
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C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The
City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any minor inconsistency, informality or technical
defect in the proposal.
D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions
that could result in a conflict with the best interests of the City. This obligation shall apply to
the Contractor; the Contractor’s employees, agents, and Subcontractors associated with
accomplishing work and services hereunder. The Contractor’s efforts shall include, but not
be limited to, establishing precautions to prevent its employees, agents, and Subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence City staff or elected officers from acting
in the best interests of the City.
Each Proposer must disclose any existing or potential conflict of interest relative to the
performance of the contractual services resulting from this RFP. Any such relationship that
might be perceived or represented as a conflict should be disclosed. The City reserves the
right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.
No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded
a Contract for the provision of services, the delivery of supplies, or the provision of any other
related action which is required, suggested, or otherwise deemed appropriate as an end
product of this Contract. Therefore, Contractor is precluded from contracting for any work
recommended as a result of this Contract.
E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to
entering into a formal contract. Costs of developing a response to this RFP, are entirely the
responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre-
contractual expenses are not to be included in the cost proposal. Pre-contractual expenses
include, but are not limited to, preparation of the proposal, submission of the proposal and
additional information, attendance at pre-proposal conference, negotiating any matter related
to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date
of award and execution, if any, of the contract.
Other Expenses: The Contractor will be responsible for all costs related to photo copying,
telephone communications, fax communications, and parking while on City sites during the
performance of work and services under this Contract.
Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working
relationships with all stakeholders, state or outside agencies, other team members and staff
within the City.
Criminal Background Certification: Contractor certifies that all employees working on this
contract have had a criminal background check at Contractor’s cost and that said employees
are clear of any sexual and drug-related convictions. Contractor further certifies that all
employees hired by Contractor or Subcontractor shall be free from any felony convictions.
City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned
to work in sensitive areas.
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F. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and
fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees
shall be payable to the awarded Subcontractor for implementation of their proposal.
G. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the
preparation of required items. These materials shall be made available to and as requested
by City.
All materials, documents, data or information obtained from the City Data files or any City
medium furnished to Contractor in the performance of an awarded contract will at all times
remain the property of the City. Such data or information may not be used or copied for direct
or indirect use by Contractor after completion or termination of this Contract without the
express written consent of the City. All materials, documents, data or information, including
copies, must be returned to the City at the end of the contract.
All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary shall be
maintained confidential, to the extent allowed under the California Public Records Act.
H. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters
relating to providing a drug-free workplace. Failure to comply with these requirements may
result in suspension of payments under the Contract or termination of the contract or both,
and the Contractor may be ineligible for award of any future City contracts.
I. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services
and responsibilities required this RFP and that it is capable of effectively and efficiently
performing quality work to achieve the City’s objectives. Any attachments referenced herein
or any interpretations, clarifications or amendments subsequently posted in relation to this
RFP are fully incorporated.
Any irregularities or lack of clarity in the RFP should be brought to the designated City
Contact/Project Manager’s attention as soon as possible so that corrective addenda may be
furnished to prospective Proposers.
Proposals which appear unrealistic in the terms of technical commitments, lack of technical
competence, or are indicative of failure to comprehend the complexity and risk of this
contract, may be rejected.
J. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an
Agreement similar to that as shown in Exhibit 2 – Sample Agreement of this RFP. If a
Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being
notified of selection under this RFP, the City reserves the right to disqualify them without any
further obligation
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K. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
retain the right to notify the provider of such occurance in writing at least thirty (30) days
before the end of the current fiscal lperiod and terminate the contract on the last day of the
current fiscal period without penalty or expense to the City.
L. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP,
they should do so on a prime sub-consultant basis. The City intends to contract with a single
firm, also known as the prime, and not with multiple firms doing business as a joint venture.
Should the use of sub-consultants be offered, the Proposer shall provide the same
assurances of competence for the sub-consultant plus the demonstrated ability to manage
and supervise the subcontracted work. Sub-consultants shall not be allowed to further
subcontract with others for work under the Agreement. The provisions of the Agreement shall
apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible
for all the actions taken by their sub-contractor.
The City reserves the right to reject, replace and approve any and all Subcontractors. All
Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the
prime Contractor and the City shall assume no liability of such Subcontractors.
M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees,
nor anyone working under Contractor will be considered an agent or an employee of City.
Neither Contractor, its employees, nor anyone working under Contractor, will qualify for
workers’ compensation or other fringe benefits of any kind through City.
N. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant
prior or ongoing contract failures, any civil or criminal litigation or investigation pending which
involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to
comply with the terms of this provision will disqualify any proposal. The City reserves the
right to reject any proposal based upon the Proposer’s prior history with the City or with any
other party, which documents, without limitation, unsatisfactory performance, adversarial or
contentious demeanor, significant failure(s) to meet contract milestones or other contractual
failures.
O. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The
contract between the parties will consist of the RFP together with any modifications thereto,
and the awarded Contractor’s proposal, together with any modifications and clarifications
thereto that are submitted at the request of the City during the evaluation and negotiation
process. In the event of any conflict or contradiction between or among these documents,
the documents shall control in the following order of precedence: the final executed contract,
the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the
awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the
final executed contract.
Negotiations shall be confidential and not subject to disclosure to competing Contractors
unless and until an agreement is reached. If contract negotiations cannot be concluded
successfully, the City reserves the right to negotiate a contract with another Contractor or
withdraw the RFP.
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P. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced
under this contract by the Contractor. All documents, reports and other incidental or derivative
work or materials furnished hereunder shall become and remains the sole property of the City
and may be used by the City as it may require without additional cost to the City. None of the
documents, reports and other incidental or derivative work or furnished materials shall be used
by the Contractor without the express written consent of the City.
Q. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while
providing services and conducting business with the City.
R. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected
Proposer shall identify a sole point of contact, Project Manager, with the greatest
knowledge in regard to the required service operations and contractual matters, including
payment of any and all charges resulting from the Agreement.
S. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period
of 180 days at minimum after the submission of the Proposal.
T. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose
to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or
responsible for any obligations related to a subsequent contract between Contractor and
another public agency.
U. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or
specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly
label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees
to indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City shall constitute a complete waiver of any and all claims
for damages caused by any release of the information. Proposer information identified as
proprietary shall be maintained confidential, to the extent allowed under the California Public
Records Act.
V. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the
contractual relationship between the Awarded Subcontractor and each Subcontractor. An
official of each proposed Subcontractor must sign, and include as part of the proposal
submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read
and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed
after award of contract must be approved by the City before commencement of work.
The City will look solely to the awarded Contractor for the performance of all contractual
obligations which may result from an award based on this RFP, and the awarded Contractor
shall not be relieved for the non-performance of any or all Subcontractors.
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XVI. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful
negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as Exhibit 1 Standard Agreement of this RFP.
“Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard
agreement. The term of the agreement will begin after the agreement is fully executed, and
all required bonds, insurance documents and contents of the payment information packet
have been received and approved.
XVII. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting may be held after award of contract. Contractor and its team will meet with
City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation
process.
B. NOTICE TO PROCEED
Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the
agreement is fully executed, and all insurance documents and contents of the Payment
Information Packet have been received and approved.
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THIS AGREEMENT is made and entered into on this day of , 2021 by and between
___________________________________________________________, (“Consultant”), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A. The City desires to retain a Consultant having special skill and knowledge in the field of:
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field
and that any services performed by Consultant under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor,
materials, tools, equipment, and incidental customary work required to fully and adequately complete the services
described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates
and charges identified in Compensation - Exhibit B. The total amount to be expended during the
term of this Agreement shall not exceed $xxxxxx.
b. 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.
3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for
the City to grant up to a two (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney,
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 Consultant
and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-
employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
professional manner in which Consultant performs the services which are the subject matter of this Agreement;
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social
EXHIBIT 1
SAMPLE AGREEMENT
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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 or occurrence arising out of Contractor’s operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal injury, including
death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence.
Such insurance shall (a) name the City, its officers, employees, agents, and representatives as
additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance
programs maintained by the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less
than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-
owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor
Code, Contractor, 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.
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.
iv. Where the amounts or coverage provided by the certificates of insurance provides
coverage greater than those listed by this Agreement, the amounts provided by the
certificates of insurance shall be incorporated by reference into the Agreement.
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v. Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails
or refuses to furnish the City with required proof that insurance has been procured and is in force
and paid for, the City shall have the right, at the City’s election, to forthwith terminate this
Agreement. Such termination shall not affect Contractor’s right to be paid for its time and materials
expended prior to notification of termination. Consultant waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and
claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors,
agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms
of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation
in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
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 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
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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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and
veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and
supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between
the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement
may not be modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate 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 is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors 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(s) 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. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions
of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right
or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach,
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failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless
the writing so specifies.
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.
18. 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. 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, ------- Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Contractor:
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 shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
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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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify
City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous
agreements for similar services between the parties is superseded by this Agreement. This shall
not apply where the Parties are currently engaged and Consultant is providing services not
contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:
Steven Mendoza
Executive Director
Community Development Agency
(name)
(title)
Carl S. Cunningham
General Manager
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Certification - I certify that I have read, understand and agree to the terms and conditions of this
Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide
services being requested as specified herein. I understand and agree that I am responsible for
reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of
my proposal.
PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all
pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the
City in accordance with said terms and conditions.
__________________________________________________________________________________
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________
BUSINESS ADDRESS
__________________________________________________________________________________
PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________
SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________
FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER
(IFAPPLICABLE)
ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
List and describe fully the contracts performed by your firm which demonstrate your ability to provide the
supplies, equipment or services included in the scope of the proposal specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for additional
information regarding your firm's qualifications.
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
REFERENCE
Customer Name:_________________________Contact Individual: ____________________________
Address: ________________________________Phone Number:
_______________________________ EMAIL: ____________________________________
Contract Amount: ________________________Year: ______________________________________
Description of supplies, equipment, or services provided:
__________________________________________________________________________________
ATTACHMENT B
REFERENCES
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and
accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer
and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with
her signature and official seal noting hereon the action of approval of the Council, signed by the Executive
Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of
this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or
deposited with the United States Postal Service properly addressed to the proposer with the correct postage
affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish
City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays,
Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof
accompanying this proposal shall become the property of the City and shall be considered as payment of
damages due to the delay and other causes suffered by City because of the failure to furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to
ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned
to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth
in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under
the contract will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the specifications, the certification of nondiscrimination by contractors, and the
required insurance certificates are to be incorporated by reference into this agreement and are made
specifically as part of this RFP.
Firm________________________________________________________________________________
Signed and Printed Name: ______________________________________________________________
Title ________________________________________________________________________________
Date
ATTACHMENT C
PROPOSER’S STATEMENT
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer
declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the proposal is genuine and not
collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer
to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or
agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from
bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or
to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer
has not, directly or indirectly, submitted his or her proposal 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 proposal.
Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature
portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed____________________________________________________________________________
State of California, County of __________________________________________________________
Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by
________________________, proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
________________________
Notary Public Signature Notary Public Seal
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
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THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in
conformance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such subrecipients shall certify and disclose accordingly.
Signed:
Title:
Firm:
Date:
ATTACHMENT E
NON-LOBBYING CERTIFICATION
EXHIBIT 1
City Council 16 –54 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 32 of 39
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant 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 include, 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 Consultant 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 Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant 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 Consultant’s commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant 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 Consultant 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 Consultant’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 Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 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 rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
ATTACHMENT F
NON-DISCRIMINATION CERTIFICATION
EXHIBIT 1
City Council 16 –55 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 33 of 39
7. The Consultant shall include the portion of the sentence immediately preceding paragraph
(1) 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
Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a
result of such direction by the administering agency, the Consultant 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 Stats. 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 consultant of public
works violating this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
EXHIBIT 1
City Council 16 –56 11/16/2021
CITY OF SANTA ANA
RFP No. 21-099 Downtown Unarmed Security Guard Services Page 34 of 39
Expense Category Rate/Amount Monthly Total Notes
Security Guard Hourly Rate
$
-
$
-
Holiday Overtime Rate (only for
approved holidays)
$
-
$
-
Communication (cell phone)
$
-
$
-
Transportation: cart, golf cart,
bicycle
$
-
$
-
Reporting Cost
$
-
$
-
Other expense
$
-
$
-
Other expense
$
-
$
-
Discounts (duration of
discount)
$
-
$
-
Total $ -
$
-
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 39
Thursday 9:00am-12:00pm 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 14
Sunday 10:00am-10:00pm 12
Total Weekly Hours 95
Note: Security Guard Schedule subject to change with 24 hour notice to selected
company.
ATTACHMENT G
Cost Proposal/Budget Proposal Template
EXHIBIT 1
City Council 16 –57 11/16/2021
20
EXHIBIT B
SCOPE OF WORK
EXHIBIT 1
City Council 16 –58 11/16/2021
1
EXHIBIT B
SCOPE OF WORK
Scope of Work for Downtown Santa Ana
A. Main Objective:
1) Contract an unarmed security guard service company for the entire
area of Downtown Santa Ana (DTSA) with the potential of providing
security guard services to the four parking structures and one surface
parking lot within DTSA. Refer to the diagram above for the boundaries
of Downtown Santa Ana including the city-owned parking structures
and surface parking lot.
2) Contracted security services will include guard services 365 days per
year with a range of 40-100 hours per week, contingent upon available
funds and need. In general one guard per shift with the potential of
increasing to two guards during peak times, upon the discretion of the
City.
3) The schedule below is a best estimate of service level needs, but
selected contractor should be prepared to provide on-call security
guards as needed by the City or reduce service levels as determined at
the City’s sole discretion.
Security Guard Weekly Schedule
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 13 x 3 days = 39
Thursday 9:00am-12:00am 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 14
Sunday 10:00am-10:00pm 12
Total Weekly Hours 95
Note that posts and hours are subject to change by City of Santa Ana.
EXHIBIT 1
City Council 16 –59 11/16/2021
2
B. Security Guard Main Responsibilities & Requirements:
1) Maintain direct communication with stakeholders such as City staff and
his/her designee, business owners, business employees, residents, visitors
and have the ability to share contact information such as a work-cell
phone.
2) Provide a positive and enforcement presence to deter negative activity
and to promote safety in DTSA.
3) Monitor, observe, and report illegal activities, suspicious activities, and
provide assistance to merchants, businesses, residents, and City staff.
4) Visually inspect and observe outdoor designated checkpoints at regular
intervals to maintain adequate security coverage throughout DTSA.
5) Contact Santa Ana Police Department when necessary upon
observance of suspicious behavior or criminal activity such as
vandalism.
6) Submit daily activity reports within six hours of prior security shift, noting
any security incidents, suspicious activities, or calls to Santa Ana Police
Department.
7) The security guard services include, but are not limited to: patrolling
areas by foot, bicycle or street-legal cart; monitoring and responding to
security issues, and performing the post orders and pass down duties.
C. Supervisor Requirements
1) Has at least 12 months prior work experience as a security guard
supervisor. Include this information as part of the requirement for Exh. A.,
Section 1.02.4.
2) Has training and supervisory experience commensurate with the
requirements as specified herein.
3) Ensure that all posts have an approved security guard at all times and
for the duration required.
4) Ensure that the Contractor provides an approved security guard for any
late, absent or dismissed security guards.
5) Act as the liaison between City and Contractor regarding all issues
pertaining to security guard and performance.
6) Supervisor must be available whenever guard shifts are being
performed, including holidays, by telephone to respond to any issues
that may arise as specified herein and respond to any such inquiries in a
timely manner while implementing appropriate resolution actions.
EXHIBIT 1
City Council 16 –60 11/16/2021
3
D. Security Guard Requirements
1) English & Spanish language skills required.
2) Abide by all requirements as specified herein. Abide by all legal
requirements.
3) Abide by all applicable California Bureau of Security and Investigative
Services requirements.
4) Hold a valid security guard registration.Have at least 12 months prior
work experience with a valid security guard registration.
5) Wear the appropriate uniform at all times while performing duties.
6) Show up on time, as scheduled and work duration of assigned shift.
7) Perform all of the Post Orders and Pass Downs as applicable.
8) Perform duties in a professional manner at all times, including
appropriate behavior and attitude, well-maintained appearance
including, but not limited to: covering up inappropriate tattoos, and no
jewelry except wedding ring and/or watch.
9) Exhibit competent command of the English language and efficient in
communicating with the public.
E. Uniforms
1) Furnish and provide well-maintained matching soft uniforms for each
event security guard including but not limited to: jacket, shirt, pants,
shoes, raingear (as-needed basis for inclement weather). Must adhere
to City’s COVID-19 safety protocols such as wearing a facial covering
(mask) when appropriate (i.e. within six feet of any individual).
2) Ensure that appropriate identification badges, patches, or screen prints
are easily seen by City Staff and all visiting patrons.
3) Furnish and provide sufficient quantity of each item above to allow
each security guard to have an appropriate number of change outs:
shirts and pants on a per shift basis; shoes on an as-needed basis.
4) Ensure that all uniforms are clean and well pressed and always look
professional.
5) Security guards are not to substitute any of the above uniform articles.
6) Any security guard who reports to their assigned post and does not have
the appropriate uniform must be immediately (within 1 hour) replaced
with a guard that has the appropriate uniform.
EXHIBIT 1
City Council 16 –61 11/16/2021
4
F. Equipment
1) Furnish and provide cell phone to facilitate on-site communication
between guards, supervisor, business owners, residents, City staff and
his/her designee.
2) Transportation car/golf cart/electric vehicle (optional element of this
RFP): ability to research a transportation car/golf cart/electric vehicle
that is street-legal that can be purchased by the contractor on behalf
of the City, which will ultimately become City property at the termination
of the agreement with proper reimbursement for the cost of the vehicle.
Transportation vehicle will be used predominantly for security guards to
patrol the area more efficiently and may be used to transport goods
and/or people for urgent or sensitive matters in DTSA.
G. Reports
1) Submit activity reports from the prior security shift within six hours, in the
method required, and on the forms required.
2) Include any pertinent information or backup documentation with your
reports.
3) General: Report immediately, verbally and or in writing as soon as
practically possible taking safety into consideration; especially
concerning issues that may require immediate action to avoid potential
escalation. If possible, take photos of the observation or interaction and
attach to email, text, pictures, and written reports.
4) Safety, Injury, or Damage: any impending, occurring, or potential
hazards, incidents, or accidents that have harmed, are harming, or
could likely harm persons, animals, plants, property, environment, or the
like.
5) Public Nuisances: any observations of any public nuisances.
6) Business Interactions: any interactions with business owners and or
persons.
7) Work Performance Delays: anything that is or could potentially delay or
prevent work from being performed within the designated times and
locations.
8) Follow up Activities: all action items from the above section, which may
have been verbally reported, but a written report was not possible at
the time; and all action items as required by City Representative.
EXHIBIT 1
City Council 16 –62 11/16/2021
5
H. License and Permits
1) Contractor and assigned personnel shall possess all licenses and permits
required by the following entities: federal, state, county, city, and other
necessary entities.
I. Provide Security Guards for as-needed assignments within 24 hours of
notification from City Representative.
J. Legal & Best Practice Requirements
1) Be self-informed, abide by, and comply with all, current and applicable,
local, county, state, federal or other legal requirements and best
practices at all times.
2) Do not cause, allow to be caused, or permit the continuance of any
violation of any legal requirements or best management practices.
3) Be responsible and bear all associated costs should any work be
performed in contrary to any laws, ordinances, codes, rules, or
regulations.
4) Must have a valid State of California, Bureau of Security and
Investigative Services, Private Patrol Operator's license for the required
work.
5) Contractor must provide everything necessary at company expense
including, but not limited to all labor, supplies, tools, equipment, and the
like required to perform and complete the required services.
6) Contractor must perform and comply with all work per these
specifications, according to all applicable and acceptable industry
standards, of the highest quality commensurate with the required
service.
7) Contractor must comply with and be fully responsible at all times for
being up-to-date regarding all applicable legal requirements in
accordance with the attached specifications.
K. Security guard/supervisor/liaison that does not meet all legal requirements and
all requirements as specified herein, as deemed in City Representative’s sole
discretion, must be immediately removed from post assignment, is not
permitted to be reassigned to any City post, and must be replaced
immediately with a security guard who meets all legal requirements and all
requirements as specified herein; NO EXCEPTIONS.
EXHIBIT 1
City Council 16 –63 11/16/2021
6
L. At City’s sole discretion, City may allow a security guard, who is removed from
post assignment, to be reassigned only after said security guard has been fully
retrained or received additional training at Contractor’s sole expense and to
City’s satisfaction.
M. General Requirements – Company
1) Orientation time is billable for no more than thirty (30) minutes unless City
has specifically requested an earlier arrival. Late arrivals will be assessed
liquidated damages.
2) When multiple guards are required, only the security guard supervisor
will be paid for the orientation time.
3) Keep an updated and approved security guard list, which must include,
but not limited to:
4) Full Name: First, Middle, Last
5) Photo: Current, face
6) Address: Residence
7) Phone Numbers: Contact
8) Security Guard Registration: current
9) CA driver’s licenses: current
10) Experience: at least 12 months prior work experience as a registered
security guard
11) Do not place any guards at any posts unless that guard is on the
approved security guard list.
N. Holidays: only the listed City holidays are subject to any premium rates
(overtime, etc.)
LN DATE EVENT
1 January 1 New Year’s Day
2 Third Monday in January Martin Luther King’s Birthday
3 Third Monday in February President’s Day
4 Last Monday in May Memorial Day
5 July 4 Independence Day
6 First Monday in September Labor Day
EXHIBIT 1
City Council 16 –64 11/16/2021
7
7 November 11 Veteran’s Day
8 Fourth Thursday in November Thanksgiving Day
9 Friday after Thanksgiving
10 December 25 Christmas Day
Service Area for Downtown Santa Ana
EXHIBIT 1
City Council 16 –65 11/16/2021
Wednesday, September 8, 2021
A SECURITY
PARTNERSHIP PROGRAM
FOR
THE CITY OF SANTA ANA
COMMUNITY DEVELOPMENT
AGENCY
Downtown Santa Ana
Unarmed Security Guard Services
Response to RFP No. 21-099
Local Address
10016 Pioneer Blvd. Suite 109
Santa Fe Springs, CA 90670
Primary Contact
Carl Cunningham, General Manager
415-760-8116
carlcunningham@patrolsolutions.com
EXHIBIT 1
City Council 16 –66 11/16/2021
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 2
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................... 2
C. COVER LETTER .......................................................................................................................... 3
D. SERVICES PROVIDED ............................................................................................................... 4
E. FIRM AND TEAM EXPERIENCE ............................................................................................. 7
1. General Firm Description ....................................................................................................... 7
2. Prior Experience ..................................................................................................................... 7
3. Nearest Address and Headquarters Address .......................................................................... 8
4. Project Manager ..................................................................................................................... 8
5. Project Manager Agreement .................................................................................................. 8
6. Key Staff Resumes ................................................................................................................. 9
7. Similar Experience ............................................................................................................... 13
8. Projects that Make Patrol Solutions Stand Out .................................................................... 13
F. PROPOSED WORK PLAN ........................................................................................................ 14
1. Statement of Understanding ................................................................................................. 14
2. Anticipated Approach .......................................................................................................... 14
3. Suggestions or Special Concerns ......................................................................................... 14
4. Deliverables and Implementation Plan ................................................................................ 14
G. COST/BUDGET PROPOSAL .................................................................................................... 17
H. REQUIRED FORMS AND CERTIFICATIONS ..................................................................... 18
EXHIBIT 1
City Council 16 –67 11/16/2021
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 3
C. COVER LETTER
Julie Castro-Cardenas, Economic Development Specialist II
City of Santa Ana – Community Development Agency
20 Civic Center Plaza M-25
Santa Ana, CA 92701
Dear Julie Castro-Cardenas,
Patrol Solutions sincerely appreciates the opportunity to present this proposal for serving the unique
security requirements of the City of Santa Ana. It is the goal of my company, Patrol Solutions, to protect
your employees, patrons, and property in a responsive and responsible manner. I have partnered with
industry-leading security professionals who share my vision of emphasizing customer service in our
security. We comprise the leadership of this company, and we all understand how important it is to give
each client our full attention and respond whenever things may come up.
We take great pride in adapting our security service in order to meet the specific needs of each and every
client. Our entire management team, especially Director of Operations Felix Guerrero and the local team,
will work to develop strong working relationships with City staff and local law enforcement in order to
deliver processes and training requirements specific to this contract. We currently perform very similar
services for the Arts District of Los Angeles Business Improvement District, and many of the best
practices and protocols we’ve gleaned will be applied to the City of Santa Ana as well. Patrol Solutions
constantly analyzes ways in which we can further enhance our services with software, technology, and
management in order to support the dynamic needs of our clients. Our officers are trained to maximize
safety and security procedures as well as customer service, which is important for positions in which they
interact with the public. Our management team places an emphasis on communication and accountability
to ensure that the security plan is implemented and executed as best as possible. Felix has great
experience managing similar projects. He is also fluent in Spanish and we have officers who are fluent in
Spanish, too.
Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights,
California, and has been providing armed and unarmed contract security services since 2010. Klinton
Kehoe has owned the company since 2016. We are a limited liability company. Our clients include
government agencies and municipalities as well as properties and entities in the private sector. PS
operates out of six offices throughout California and employs about 140 security officers. PS is licensed
as a qualified security patrol operator by the state of California/Bureau of Security and Investigative
Services (license number PPO 119966).
We have read and reviewed the RFP and understand the nature of the work to be accomplished. Please let
us know if we can provide you with any additional information.
Respectfully,
Carl Cunningham
Carl Cunningham, General Manager
415-760-8116 | carlcunningham@patrolsolutions.com
EXHIBIT 1
City Council 16 –68 11/16/2021
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 4
D. SERVICES PROVIDED
Our upper management has direct experience serving clients with multiple sites, including projects
involving foot and bike/cart patrols for properties spread out over several city blocks. Patrol Solutions has
been providing security services for public and private entities since 2010. Some of our current clients are
the Arts District of Los Angeles, the City of San Francisco Human Services Agency, and the Contra
Costa Water District.
Our upper management team, including our director of operations, our general manager, and our Bay
Area regional manager, has direct experience with the management of major government contracts. Now
that these managers are part of Patrol Solutions, they can apply all of their knowledge and expertise for
the City of Santa Ana security plan. Felix Guerrero, who would serve as the project manager for this
contract, has direct experience managing the security contract for the City of Glendale, which included
unarmed security for libraries, public buildings, and 27 parks.
We will manage the security program and provide the City of Santa Ana with trained and qualified
unarmed security officers for all of the requested service hours. These officers will conduct all duties as
described in the scope of work of the RFP. Officers assigned to this contract will meet the requirements
specified in the RFP as well, including having English and Spanish language skills. Patrol Solutions will
provide officers with uniforms and all of their equipment, including cellphones, guard tour system, and
any bicycles and/or electric carts.
General Approach to the Scope of Work
It is the goal of Patrol Solutions that all of our security services will ensure the safety of patrons, vendors,
and your employees. By providing a visible presence, our officers serve as a visual deterrence to crime
and other unwanted activities. By performing their duties in an engaged, alert, and responsive manner,
officers will create a safe environment for everyone. Whenever possible, officers will assist patrons,
vendors, and City employees as long as doing so does not compromise their security duties.
Patrol Solutions will use our training and managerial resources in order to implement a site assessment
and training program throughout the transition and delivery of the work plan. Led by Felix Guerrero, our
local team will be able to focus on what matters most: officer development with the goal of customer
service and asset protection. Felix will serve as the designated project manager. For the benefit of the
City, our officers, managers, and client will be supported by our manned 24/7 watch commander station.
Every shift, we have mobile field team managers who conduct on-site supervision and support. Delivery
of service will not just be in the field. Jennifer Pinelo and the team at the local office are available to help
officers with HR matters, uniforms, inquiries, and schedule changes if needed. We know the tasks
required and are prepared to evaluate and improve wherever possible.
Our experienced and knowledgeable security management team begins by reviewing your stated needs.
After assessing current security, our team then designs a security program customized to your
requirements and tailored specifically for the designated downtown area.
In particular, PS pays special attention in addressing the following factors:
24/7 Field Team Manager Program – Field team managers are available 24/7 via phone, text, and
email. They conduct proactive site checks and ensure that field officers are performing up to standards.
They evaluate officers’ uniforms and equipment, review daily activity reports, and assist with any patrol
or protocol modifications. Their time of visit varies from day to day. FTMs are mobile (in marked
security vehicles) and also respond to any emergencies or incidents. They not only supervise and manage
the officers in the field, but also reward and discipline them. If necessary, FTMs can assist in cross-
training officers. At PS, our FTMs personally take initiative to visit sites, thereby providing a visible
EXHIBIT 1
City Council 16 –69 11/16/2021
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 5
leadership presence to field officers and staying in touch with the client’s management team.
Unarmed Security – Officers will be trained to master the ins and outs of their specific post. They will
learn your general rules and regulations, gain familiarity with the downtown area, and learn general
information so that they will be capable of interacting with the public. Security officers will observe and
report daily activities, and prepare accurate and legible daily activity reports and incident reports (as
needed). They will conduct regular patrols and assist yuor personnel, police, and other law enforcement
officials as necessary. They will provide a visible deterrence to unwanted activities and help maintain
public safety.
Roving Patrols – Officers perform full patrols on a regular basis. These patrols include all areas of the
site as designated by the post orders. A visible presence will serve as a deterrent to trespassers and crime,
and increase general public safety. Officers will seek to prevent and minimize fire, theft, damage, graffiti,
and other unwanted activities. As they make their rounds, they will also ensure that the facilities are
secured (doors, windows, gates, locks, etc.) if appropriate. Any unusual incidents or hazardous conditions
will be reported to the proper representative and logged. Officers will perform patrols on foot and/or
bicycles.
Customer Service – All PS officers must undergo and complete customer service training. Officers will
support City employees in any capacity as long as the officers can safely complete their post duties.
Likewise, officers who work at posts where they will interact regularly with the public will be
comfortable doing so. They will be able to provide public information to visitors and have basic
knowledge of the general area and services. Officers will, at all times, be polite, courteous, respectful, and
responsive to any person authorized to be at the site.
Reporting and Documentation – All PS officers are trained to write accurate and detailed reports.
Officers will complete the appropriate reports for each shift. The reports are completed online and
emailed directly to the client and are searchable. Reports include daily activity reports, conditions reports,
incident reports, and others as assigned. Any officer who knowingly falsifies a report will be disciplined
up to and including termination from employment. Officers are fluent in English and able to communicate
verbally as well as via the report writing system. Officers will maintain a log of security violations and
report occurrences to supervisors as quickly as possible. In the event of any maintenance requests,
officers will forward such requests to the proper representative.
Emergency Response – PS will design and implement an emergency plan that will address all response
to threats and potential emergencies at the various sites. The PS corporate emergency response plan is
based on the nationally-recognized Incident Command System (ICS) for emergency response. PS
understands that changing security needs in the case of an emergency or incident requires PS to respond
with additional staff. PS is fully prepared to increase our security services in the event of an escalation in
the security level (emergencies, civil unrest, fire, or special events). PS will work closely with your
management to escalate and de-escalate the need for additional staffing at the site. In the event of an
emergency, PS uses the following procedures to ensure that trained staff are on-hand to fill all shifts at the
site, including scheduled absences as well as increases in staffing:
• Cross-training – PS cross-trains security officers, supervisors, and managers. PS will share an
employee list of trained officers available to work at the site and will train more officers per
request of client, if needed.
• Back-up Staffing – PS will, at all times, have a pool of qualified officers who have received full
training and orientation, including post assignments, standards, and procedures. These officers
will be able to fill any shift on a short notice.
• Emergency Planning – PS operates a corporate emergency response plan based on the
nationally-recognized Incident Command System. This plan covers all aspects of emergency
response. Our corporate guidelines are designed to help us maintain security services before,
EXHIBIT 1
City Council 16 –70 11/16/2021
Wednesday, September 8, 2021 Patrol Solutions
PROPOSAL Page 6
during, and after an emergency. This includes situations such as earthquakes, major fires, major
civil unrest, or major escalation of the security level. Because each client and each situation is
unique, PS works with management to implement preventive measures such as training and
emergency planning.
• Emergency Response Vehicle – PS operates an emergency response vehicle especially equipped
for emergency situations and special events. Our emergency equipment is always at the ready,
and includes power generators, indoor/outdoor lighting systems, light rescue equipment. All of
the emergency equipment is checked monthly. This specially-equipped vehicle enables PS to
respond during an emergency incident or scheduled special events.
Management Plan
Every shift, we have at least one mobile field team manager on duty who is equipped to provide proactive
site supervision and support. The field team manager provides oversight to officers in the field and has the
authority to discipline and train officers as needed. In the event of any incidents, the FTM will arrive on
the scene. An FTM can be reached 24-7 via phone. The FTMs will report to Felix Guerrero. He has full
authority to address any problems and issues raised by the City, including (but not limited to) increases
and decreases in staffing and disciplinary problems. He will manage the FTMs to ensure that every level
of performance has accountability. Our management team will be available for regularly scheduled
meetings with City security liaisons to ensure that all aspects of the security program are meeting
expectations.
Supervision
We maintain a 1 to 4 supervisor/lead officer to security officer ratio. In addition, we provide a 1
to 20 manager to officer ratio in order for our team to receive updated training and other
important company news. Maintaining a positive connection between officers, the client, and our
management is critical to reducing turnover.
Officers designated as supervisors help ensure that the other officers are carrying out their duties
properly during their assigned shift. Supervisors are more seasoned, experienced, and capable
than lower-level officers. Field Team Managers (FTMs) check in at every site daily in order to
ensure that all of the officers are meeting client expectations and performing well.
Random Site Inspections: Patrol Solutions conducts unannounced site checks at least once per
day. These site inspections are conducted by one of our managers, a group which includes the
field team managers and higher (operations manager and regional manager).
Proactive Field Support: The Patrol Solutions field team manager (FTM) program is a critical
aspect of our proactive quality control process, which distinguishes us from other security
providers. At other security companies, managers tend to go on-site as a response to complaints,
after a problem has arisen. At PS, our managers personally take initiative to visit sites, thereby
providing a visible leadership presence to field officers and staying in touch with the client’s
management team.
Leadership’s Role: Every day, each site receives an on-site inspection from a field team
manager (FTM) who has the authority to review performance and perform corrective actions if
necessary. These unannounced checks help motivate officers to remain alert.
The FTM: Our FTM program sets us apart from all other security providers. This position is
staffed by an experienced leader who maintains daily contact with multiple sites and is duly
qualified to evaluate field officer performance.
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PROPOSAL Page 7
E. FIRM AND TEAM EXPERIENCE
1. General Firm Description
Patrol Solutions has about 140 total employees, and about 35 employees in the LA region where this
contract will be serviced.
2. Prior Experience
Patrol Solutions’ unique ability to combine financial strength, personnel development,
disciplined execution, responsive management, and adaptive customer service has empowered us
to meet the evolving needs of each and every client. Entities comparable to the City of Santa Ana
Community Development Agency find us to be the ideal security services partner.
Our company’s management team is accustomed to serving government clients who are dynamic
in scope, magnitude, and complexity. Vast resources activated through well-defined management
processes enable PS to meet the requirements of modern facilities and the demands of highly
responsible and highly sophisticated clients. Our leadership team and management team are
comprised of former Cypress Private Security managers, who have direct experience with
serving the following accounts. In particular, Felix Guerrero, our director of operations who will
oversee the City of Santa Ana security project, has managed the LA-region contracts listed
below, while some of our other company managers oversaw the other regional contracts. Felix’s
professional experience includes managing the Arts District of Los Angeles Business
Improvement District, which has a very similar scope of work to this City of Santa Ana project.
Listed below are some of the contracts Felix has managed.
• Arts District Los Angeles
o $680K per year
o 11/2017 to 06/2019, 09/2020 to present
o Unarmed officers provide bicycle, foot, and vehicle patrol. Officers
provide visible deterrent to trespassing, vandalism, illegal camping,
community engagement, with customer service through active patrolling,
and incident reporting.
• City of Glendale
o $600,000 per year
o 04/2012 to 06/2019
o Unarmed services for the City’s libraries, public auditoriums, parking
structures, office buildings, transit depot, Water & Power department
facilities, and 27 parks. Duties include mobile and foot patrols, access
control, lockup procedures, call response, and more.
• City of Inglewood
o $450,000 per year
o 01/2019 to 06/2019
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o Unarmed security for the City’s public libraries, City Hall, the senior
center, and public parks. Duties include mobile and foot patrols, access
control, lockup procedures, call response, and more.
• Los Angeles Police Department
o $2 million per year
o 2/2017 to 06/2019
o Unarmed and armed officers to provide security guard services through
the entire LA Basin, including El Pueblo, libraries, public hygiene
facilities, water treatment plants, city buildings, jails, and the police
communication tower.
• Housing Authority of the City of Los Angeles
o $5.5. million per year
o 09/2013 to 11/2018
o Armed and unarmed services for a major housing authority. Mobile
patrols, foot patrols, access control, emergency response, concierge
functions, customer services, CCTV monitoring, alarm systems, operation
of X-Ray machines.
• Redondo Beach Transit Center
o $50,000 per year
o 01/2012 to 06/2019
o Unarmed services for the transit center. Access control, foot patrol,
emergency response.
3. Nearest Address and Headquarters Address
The local address which will serve the City of Santa Ana is located at 10016 Pioneer Blvd. Suite
109 | Santa Fe Springs, CA 90670. The company headquarters is located at 6060 Sunrise Vista
Dr. Suite 1500 | Citrus Heights, CA 95610.
4. Project Manager
Felix Guerrero will serve as the supervising project manager. He is based out of the Santa Fe
Springs office and can be reached at 310-490-9804 and felixguerrero@patrolsolutions.com.
5. Project Manager Agreement
We agree that the City’s Project Manager shall have the right to require the removal and
replacement of our project manager under this agreement.
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6. Key Staff Resumes
Patrol Solutions wants to provide the City with a direct channel of communication so we can
provide the very best security services possible. To reflect this philosophy, our organizational
structure is designed to minimize cumbersome layers of bureaucracy. Our goal is 100% customer
satisfaction. Authority and responsibility is delegated appropriately so managers can resolve
issues without having to sift through endless red tape. Instead, open lines of communication
mean that management can be in contact with on-site and off-site staff quickly.
Klinton Kehoe is the CEO and owner of Patrol Solutions. He
entered the private security industry as a security officer for a
regional security company. Less than half a year into his
career, he found that he was clearly well-suited for the job and
was promoted to be a training manager. He quickly earned
numerous training certifications and became qualified to train
security officers.
In addition to his capabilities as a trainer, he was also promoted
to be a shift manager. In this role, Klinton managed a security
program with 100 officers assigned to the project. He managed
deployments, breaks, schedules, and performance reviews. As
he continued progressing in his career, Klinton began taking on
more operational, “big picture” roles and he eventually
managed over seventy clients and properties.
Going to his sites also instilled in him the importance of great
customer service. Seeing firsthand how much clients valued
clear lines of communication, honesty, and personal
accountability, Klinton knew that his responsiveness and
responsibility as a manager would always have meaning and
add value to the security program. It is precisely that attitude
that helped him build Tactical K-9 & Patrol Solutions, the
company that would eventually be known as simply Patrol
Solutions.
Klinton Kehoe
CEO & Founder
Expertise
Security Operations,
Operations Management,
Customer Service, Business
Planning and Development,
Workplace Injury Prevention,
Security Program
Development
Professional Affiliations
American Society of
Industrial Security (ASIS)
BSIS
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Carl Cunningham is partnering with Patrol Solutions, founded in
2011, after a ten-year stint as the primary business development
manager at Cypress Private Security. After Cypress was bought out
by one of the international security firms, the Patrol Solutions
partnership was created specifically to provide a customer-oriented
experience for clients who have been disillusioned with the
inattention and lack of care from the so-called industry leaders.
Patrol Solutions is new to the local market, but comprised of a
management and leadership base of the best former Cypress
managers. Patrol Solutions works to provide responsive decision
making to every individual client, and also strives to recognize each
employee’s efforts and contributions while providing a road to
successful career development.
Carl enjoys the camaraderie, not only between employees, but
between the company and clients. The personal consideration a
client receives is something Carl truly values in his work and strives
to provide.
One of his many talents is the ability to provide a great deal of
attention to each individual client, as he builds each client’s
relationship with the Patrol Solutions management team. When
meeting with clients, he accurately and helpfully applies his
knowledge of the security industry to diagnose the specific services
they need for their site. His clients have long appreciated the
sincerity and thoughtfulness he provides as he addresses all of their
security concerns.
With over 20 years of experience in operations, sales, and marketing,
Carl has vast knowledge in the security and business management
fields. He is responsible for all areas of business development and
takes a long-term approach to cultivating business partnerships with
clients, ensuring a customized security program that meets their
needs.
Carl Cunningham
General Manager
Expertise
Business Management,
Business Development,
Security Operations,
Workplace Injury Prevention,
Healthcare Security Program
Development, High Rise and
Commercial Building
Certifications
Professional Affiliations
American Society of
Industrial Security (ASIS),
Building Operators and
Managers Association
(BOMA), Institute of Real
Estate Management (IREM),
California Association of
Community Managers
(CACM), International
Association for Healthcare
Security & Safety (IAHSS),
San Francisco Electronic
Crimes Task Force (Secret
Service), Northern California
Regional Intelligence Center
(Department of Homeland
Security), InfraGard (FBI)
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Felix Guerrero joined Patrol Solutions in 2020 after working in the
security industry for over twenty-two years, spending most of his
career as a project start-up manager, operations manager, and
training administrator. Prior to partnering with Patrol Solutions,
Felix worked at Cypress Private Security for ten years, until Cypress
was bought out by Allied Universal. Thus, he joined Patrol
Solutions, a company where every client would receive great
personal attention and care. With an astute understanding of client
needs, Felix prides himself on providing superb customer service
and works tirelessly to address and remedy operational issues
swiftly.
As a certified firearms instructor, Felix understands the gravity of
responsibility. His years of experience have enabled him to oversee
high risk security operations staffed by armed officers, and his
expertise in defusing conflicts has allowed him to minimize the
threat of incidents. During his time at Cypress, Mr. Guerrero
managed over 40 armed guards in the Los Angeles area. In addition,
Felix gained deep insight into the inner workings of managing,
training, and developing staff. He has overseen relevant security
projects in the retail and logistics industry at Technicolor
Distribution Center, APL Logistics, and HP Logistics. Under his
guidance, his teams consistently aided clients’ loss prevention
programs, reducing theft and recovering merchandise.
Felix is a firm believer in teamwork. He is a member of the
Downtown Security Manager’s Association, an organization of
security and law enforcement professionals recognizing homeland
security efforts in L.A. Together, members exchange information
and share best practices for mutual benefit. Whether providing
security services for government municipalities or private
companies, his history clearly demonstrates a pattern of success.
Felix’s skills and experience make him a dependable and trusted
frontline contact for all domestic security operations.
Felix Guerrero
Director of Operations
Expertise
Security Operations, Security
Training Plans, Leadership
and Management, Firearms,
High Risk Security Programs,
Security Patrol Procedures,
Loss Prevention Strategies,
Security Operational Support
and Oversight, Weapons of
Mass Destruction, Public
Relations, Public Safety,
Premises Liability, Officer
Safety
Education
Metropolitan High School,
Rio Hondo College, Firearms
Training Academy
Certificates/Affiliations
BSIS, FEMA, DSMA, CPI
FEMA: Basic Workplace
Security Awareness; FEMA:
Workplace Violence
Awareness; FEMA: Active
Shooter; FEMA: Introduction
to the Incident Command
Center; Downtown Security
Manager’s Association;
Certified Firearms Instructor
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Jennifer Pinelo is the HR specialist and recruiter for Patrol
Solutions’ Los Angeles region. In this role, she conducts the
recruitment processes for all security accounts under her branch
office’s purview to ensure that high quality candidates are hired,
trained, and assigned to our clients. She also assists with security
officer orientation training, officer scheduling, and human resources
matters. Jennifer also provides additional administrative support to
the local management team.
Before joining Patrol Solutions, Jennifer performed the same
functions for Cypress Private Security for several years. She has also
worked at Allied Universal and Securitas as a security officer.
Primarily, she specialized in access control, customer service as a
lobby ambassador, report writing, badging, and camera surveillance.
Her firsthand experience with field work makes her an excellent
recruiter because she understands the qualities a candidate needs in
order to be effective.
In addition to her work in the private security industry, Jennifer also
has experience as a customer service specialist at Target. She also
worked as a tax preparer for Benjamin Taxes Services.
All of her previous experience has prepared her well for her current
role. In her previous work, she developed familiarity with
administrative processes including data entry, handling confidential
information, scheduling, inventory, assisting with office accounting,
and detailed documentation.
Jennifer’s willingness to engage clients, colleagues, and candidates,
and her vested interest in seeking their best makes her an ideal
recruiter and HR specialist for Patrol Solutions.
Jennifer Pinelo
HR Specialist
Expertise
Talent Acquisition,
Security Recruitment,
Staffing and Hiring
Processes, Customer
Service, Administration
Education
Santa Monica College
El Camino College
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7. Similar Experience
Locally, one of the clients we serve that is similar in scope to this project is the Arts District of
LA. We provide unarmed officers who conduct bicycle, foot, and vehicle patrols for the business
improvement district. Officers provide visible deterrent to trespassing, vandalism, and illegal
camping. They are also capable of community engagement, with customer service through active
patrolling, and they respond to any calls for service. Felix Guerrero, our director of operations
and local manager, began managing that project in 2017 while he was at his previous security
company. In 2020, Patrol Solutions took over the contract and Felix was able to resume serving
the contract.
8. Projects that Make Patrol Solutions Stand Out
Patrol Solutions is a California-based regional security company which has proven to be
resourceful with large scale capacity. Recent successes include ramping up multiple emergency
response security programs. These programs include an 85-officer deployment in 1 week (City of
San Francisco Human Services Agency), 10 armed officers in the same day (LA), and a 10
officer, 10 site deployment in 24 hours (Inland Empire and LA). Our management team is also
experienced serving major government agencies throughout California, and we strive to be
responsive to the shifting needs of clients. The City of SF HSA project which had a one-week
startup period took place early on during the pandemic. It is a project that we are proud of being
able to service because it was an emergency services project brought about by the shelter-in-
place order. The project involved providing unarmed services for five city-managed hotels in
downtown San Francisco which were serving as COVID-relief sites. Due to the nature of the
project, that client needed services to begin within a week of signing the contract, and we were
able to hire and train qualified officers. Although it would be a stretch to claim that everything at
the start was executed flawlessly within such a short timeframe, we can say that we have been
able to take every corrective action in response to the client’s needs, and that we still continue to
serve that contract to this day, and that the client has been pleased with our services overall.
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F. PROPOSED WORK PLAN
1. Statement of Understanding
Patrol Solutions has read and reviewed the Scope of Services in the RFP, and we understand the City’s
needs and requirements. We are capable and willing to perform all of the work requested, and local team
has the infrastructure in place to adapt to your evolving needs.
2. Anticipated Approach
We do not anticipate any issues that would hinder us from beginning services. Typically, we prefer a
four-week startup period that begins when the contract is signed. However, in the past, we have been able
to implement services in shorter time frames when circumstances absolutely demand it.
3. Suggestions or Special Concerns
At this time, we do not have any particular special concerns to bring to the evaluation committee.
4. Deliverables and Implementation Plan
Start-up Plan
Our transition plan begins once we receive the awarded contract. The client immediately will begin to
experience a more disciplined, thorough, and systematic approach to security service. PS will:
• Seek to understand and operate in harmony with current work-flow.
• Anticipate and assess the potential impact on various departments and constituencies.
• Learn all rules, policies, and procedures at the site and within the operation.
• Implement the most effective tools, materials, and technology.
• Execute a systematic and smooth transition of responsibility that instills confidence.
Key Personnel Duties and Responsibilities: Before the transition starts, PS will identify the key
personnel who will be responsible for delivering services and define their duties during the transition.
Documentation and Communication: PS, together with the client, will establish ongoing
communication methods and requirements needed to operate the security program.
Transition Timeline
Task Assigned Date Due Responsibility
Award letter issued to PS > 3 weeks prior to startup Gen. Mgr.
PS transition team assigned and in place > 3 weeks prior to startup Proj. Mgr.
Meet with client to obtain site specific information > 3 weeks prior to startup Proj. Mgr.
Outline and adjust transition plan if needed > 3 weeks prior to startup Proj. Mgr.
Security and technology assessment > 3 weeks prior to startup Proj. Mgr.
Management/labor meeting > 3 weeks prior to startup Proj. Mgr.
Conduct site security survey > 3 weeks prior to startup Proj. Mgr.
Introduction letter, application, and drug screen > 3 weeks prior to startup Human Resources
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forms
Interview and select employees > 3 weeks prior to startup Human Resources
Prepare wage and benefits package > 2 weeks prior to startup Human Resources
On-site training for operations team > 2 weeks prior to startup Proj. Mgr.
Gather information about current staff at site > 2 weeks prior to startup Human Resources
Provide assessment, training of current staff at site > 2 weeks prior to startup Proj. Mgr.
Order all supplies and equipment > 2 weeks prior to startup Proj. Mgr.
Deadline for applications to be received > 2 weeks prior to startup Human Resources
Order uniforms and duty gear > 2 weeks prior to startup Proj. Mgr.
Prepare post orders > 2 weeks prior to startup Proj. Mgr.
Select security officers > 2 weeks prior to startup HR & Proj. Mgr.
Prepare site-specific training materials > 1 week prior to startup Proj. Mgr.
Meet with client to brief on transition progress Continuous Proj. Mgr.
Present post orders to client > 1 week prior to startup Proj. Mgr.
Deadline to complete drug screen for candidates > 1 week prior to startup Human Resources
Meet with client for feedback on first draft of post
orders
> 1 week prior to startup Proj. Mgr.
Ensure each post is fully equipped as specified > 1 week prior to startup Proj. Mgr.
Prepare master schedule > 1 week prior to startup Scheduling
Manager
Fit uniforms and re-order as needed > 1 week prior to startup Proj. Mgr.
Retraining of incumbent personnel hired by PS > 1 week prior to startup Proj. Mgr.
Service start TBD Proj. Mgr.
Evaluation Calendar
The evaluation calendar outlines key on-site elements related to performance after the project has begun.
The tasks are divided according to department and corresponding manager.
Task Assigned Date Due Responsibility
One month evaluation of each officer’s performance 30 days after startup Proj. Mgr..
Training or re-assignment as needed (individual officers) 30 – 45 days after
startup
Proj. Mgr..
Three-month evaluation of each officer’s performance < 90 days after startup Proj. Mgr..
Training or re-assignment as needed (individual officers) 90 – 100 days after
startup
Proj. Mgr..
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PROPOSAL Page 16
Lighthouse: Complete Workforce Visibility – The Patrol Solutions Guard Tour System
Lighthouse is a guard touring solution with real-
time tracking of officers along with daily activity
reports and incident reporting. Intelligent
location and communication tools empower your
distributed teams and give you peace of mind.
Continuous tracking through GPS, QR codes,
near-field communication (NFC), and Bluetooth
beacons ensure guards are where they’re
supposed to be. Lighthouse provides you with
proof of work to increase satisfaction.
We have a 24-hour dispatch center to handle
communications and any special needs.
Managers have smartphones and can be reached
24-7 via phone, text, and email. We can also
provide officers with 2-way radios if needed.
Uniforms
Full-time officers receive, at a minimum, two pairs of pants, three shirts, and a jacket. Part-time
officers receive, at a minimum, one pair of pants, two shirts, and one jacket. If officers are
working in an environment that will regularly place them in the elements, we can provide
additional gear for inclement weather and other conditions. We also provide personal protective
equipment for officers who work at sites that require it. Officers are responsible for cleaning
their own uniforms. The shirts and jackets are clearly marked with our insignia. However, we
have a uniform provider we can work with if alternate uniform
styles are desired.
Uniforms must be neatly pressed.
Authorized uniforms must always
be worn, with shirts tucked in. Hair
must be neatly groomed. Facial
hair must be neatly trimmed. Only
post earrings are allowed for
security professionals. Visible
tattoos should always be covered.
Fingernails must be clean and
neatly trimmed. Smoking and gum
chewing are not permitted while on
site and on duty. Appearance also
includes the way officers walk,
stand, and talk to people. Officers
are always to behave in a manner
that is worthy of respect.
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PROPOSAL Page 17
G. COST/BUDGET PROPOSAL
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H. REQUIRED FORMS AND CERTIFICATIONS
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8
Scope of Work for Civic Center Area/Winter Village
Security guard services include, but are not limited to: patrolling areas by foot,
bicycle or street-legal cart; monitoring and responding to security issues, and
performing the post orders and pass down duties.
Monitor, observe, and report illegal activities, suspicious activities, and assistance
to merchants, residents, guests, and City staff.
Visually inspect and observe outdoor designated checkpoints at regular intervals
to maintain adequate security coverage.
Contact Santa Ana Police Department when necessary upon observance of
suspicious behavior or criminal activity such as vandalism.
Provide a positive enforcement presence to deter negative activity and to
promote safety.
Maintain direct communication with stakeholders such as City staff and his/her
designee, business owners, business employees, residents, visitors and have the
ability to share contact information such as a work-cell phone.
Submit daily activity reports noting any security incidents, suspicious activities, or
calls to Santa Ana Police Department.
Schedule for Santa Ana Winter Village in Civic Center area
November 29 – January 14
Two 24-hour guards plus additional guard services as listed below.
December 8 – December 17
Monday – Thursday from 2:00 – 10:00 pm
Friday – Sunday from 10:00 am – Midnight
December 18 – January 2
10:00 am – Midnight
Christmas Eve
10:00 am – 6:00 pm
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Service Area for Civic Center Area/Winter Village
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EXHIBIT C
BUDGET
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Exhibit C
Budgets for Patrol Solutions, LLC
Page 1 of 2
The following two pages of Exhibit C outline the Patrol Solutions, LLC budget for Downtown Santa Ana and
Civic Center Area/Winter Village. Both budgets combined are set to a not exceed $545,000.
Expense Category Rate/Amount Monthly Total Notes
Security Guard Hourly Rate 24.97$ 10,279.40$
Holiday Overtime Rate (only for approved holidays)0.55$ 226.42$
Communication (up to 2 cell phones)0.20$ 82.33$
Transportation: Small pickup truck 2.89$ 1,189.73$
Street Legal Cart 0.74$ 304.64$
Patrol Bicyle 0.10$ 41.17$
Reporting Cost 0.02$ 8.23$
29.47$ 12,131.91$
Hourly Bill Rate Hours per month Total Monthly
Total 29.47$ 411.67 12,131.63$
1st Year Annual Total
YEAR 1 Sub-Total $145,579.59
Year 2
1 Security Officer Per Shift - All inclusive budget rates** with 95 weekly hours
Hourly Rate $30.35
Monthly Rate $12,495.58
Sub-Total Year Two $149,946.98
Year 3
1 Security Officer Per Shift - All inclusive budget rates** with 95 weekly hours
Hourly Rate 31.26$
Monthly Rate 12,870.45$
Sub-Total Year Three $154,473.43
Three Year Total $450,000
Day(s) of the Week Time Daily Hours
Mon-Wed 9:00am-10:00pm 39
Thursday 9:00am-12:00pm 15
Friday 9:00am-12:00am 15
Saturday 10:00am-12:00am 14
Sunday 10:00am-10:00pm 12
Total Weekly Hours 95
Note: Security Guard Schedule subject to change with 24 hour notice to selected company.
** Equipment
1 small pick up truck
1 street legal golf cart
1 bicycle
Officer Uniforms
Up to 2 site phones
Guard Tour System
The following budget information is for reference only. Year 2 and Year 3 will only be allowed with extension/renewal of the
agreement by the City Manager and City Attorney as noted in the agreement and will include a maximum increase of 3% each
year.
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EXHIBIT C
Budgets for Patrol Solutions, LLC
Page 2 of 2
Expense Category Rate/Amount Total Hours Cost
Security Guard Hourly Rate 26.47$ See below.-$
Holiday Overtime Rate (only for approved holid 0.58$ -$
Communication (up to 2 cell phones)0.11$ -$
Transportation: Small pickup truck -$ -$
Street Legal Cart -$ -$
Patrol Bicyle -$ -$
Reporting Cost 0.02$ -$
27.18$ -$
-$
Hourly Bill Rate
Total 27.18$ 3,208.00 87,193.44$
Holiday Overtime Rate (only for approved h 40.77$ 196.00 2,663.64$
Contingency 5,142.92
95,000.00$
DATE Service days Hours per shift Officers per
shift
Holiday Premium
Christmas Day and
New Years Day ($13.59
above regular rate)
Total hours Event Total
Estimate
Holiday
Hours
Two 24-hour guards.47 24 2 1,304.64$ 2256 96
Monday – Thursday from 2:00 – 10:00 pm
2 guards and 2 24-hour guards 6 8 2 96
Friday – Sunday from 10:00 am – Midnight
3 guards and 2 24-hour guards 4 14 3 168
10:00 am – Midnight – 3 guards and 2 24-hour
guards 16 14 3 1,141.56$ 672
10:00 am – 6:00 pm – 2 guards and 2 24-hour
guards 1 8 2 217.44$ 16 196
196 3208
Contingency $5,142.92
2,663.64$ 92,336.36$ 95,000.00$
HOURS OF SERVICE
City of Santa Ana Holiday Winter Village
November 29 – January 14
December 8 – December 17
December 18 – January 2
Christmas Eve
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EXHIBIT D
FEDERAL AWARD IDENTIFICATION INFORMATION
The General Program Requirements were designed to provide the framework where the
CONTRACTOR will provide ARPA programs identified in this attachment.
I. GOVERNANCE
The CONTRACTOR agrees to comply, remain informed, and deliver services consistent
with the provisions of ARPA.
Where local policy has not been set, the CONTRACTOR agrees to adhere to state and/or
federal policy, as appropriate.
II. GOVERNANCE REFERENCES
A. Additional state and federal agencies that provide funding to the CITY may be
incorporated herein.
B. Information Bulletins, Directives, and any other federal and state guidance documents
pertaining to the ARPA SLFRF Funds.
C. Actions, directives, and policy and procedures issued by the CITY.
D. CITY policies, as applicable.
III. CONTRACTOR/SUBRECIPIENT DETERMINATION:
In accordance with the requirements of 2 CFR 200.330 (Subrecipient and Contractor
determination) and for the purpose of this CONTRACT, SUBRECIPIENT is determined
to be a CONTRACTOR.
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IV. FEDERAL AWARD IDENTIFICATION
FAIN INFORMATION
A. CONTRACTOR Name:
B. CONTRACTOR’S Unique
Identifier (D-U-N-S):
C.
Federal Award
Identification Number
(FAIN):
D. Federal Award Date:
E. Subaward Period of
Performance:
F.
Total Amount of Federal
Funds Obligated by the
Action:
$
G.
Total Amount of Federal
Funds Obligated to the
CONTRACTOR:
$
H. Total Amount of the
Federal Award: $
I. Federal Award Project
Description:
ARPA
J. Federal Awarding Agency: U.S. Department of the Treasury
K. Name of PTE:
L. Contact Information for the
Awarding Official: Kristine Ridge, City Manager
Phone Number: (714) 647-5200
E-mail Address: kridge@santa-ana.org
M. CFDA Number:
CFDA Name: ARPA
N. Whether Award is R&D:
O. Indirect Cost Rate for the
Federal Award:
Patrol Solutions, LLC
04-896-6056
545,000
545,000
EXHIBIT 1
City Council 16 –98 11/16/2021
24
EXHIBIT E
DEBARMENT
_____________________________________________________________________________
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
_______________________________________________________________________________
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.5l0, Participants' responsibilities. The regulations were
published as Part VII of the May 26, l988 Federal Register (pages l9l60-l92ll).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(l) The prospective recipient of federal assistance funds certifies, by submission of this proposal,
that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any
federal department or agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
_______________________________________________________________________________
Name and Title of Authorized Representative
_______________________________________________________________________________
Signature Date
EXHIBIT 1
City Council 16 –99 11/16/2021
25
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds
is providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
recipient of federal assistance funds knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department of Labor
(DOL) may pursue available remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice
to the person to which this proposal is submitted if at any time the prospective recipient of
federal assistance funds learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective recipient of federal assistance funds agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized by
the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant
in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to check the List of Parties Excluded
from Procurement or Non-Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
EXHIBIT 1
City Council 16 –100 11/16/2021
26
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person
who is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the DOL may
pursue available remedies, including suspension and/or debarment.
EXHIBIT 1
City Council 16 –101 11/16/2021
27
EXHIBIT F
LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontract, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
EXHIBIT 1
City Council 16 –102 11/16/2021
28
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964
(42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.
2. No person in the United States shall on the ground of race, color, religion, national origin, or
sex, be excluded from participation in, or be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with community
development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the performance of
construction work financed in whole or in part with community development funds shall be paid
wages at rates not less than those prevailing on similar construction in the locality as determined
in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for
individuals who perform services for which they volunteered; do not receive compensation for
such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and
are not otherwise employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with
community development funds, except that (a) SUBRECIPIENT does not assume CITY'S
environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not
assume CITY'S responsibility for initiating the review process under Executive Order 12372.
EXHIBIT 1
City Council 16 –103 11/16/2021
29
EXHIBIT G
DRUG-FREE WORKPLACE
Certification Regarding Drug-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed by the
U.S. Department of Housing and Urban Development in awarding the grant. If it is later
determined that the contractor knowingly rendered a false certification, or otherwise violates the
requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban
Development, in addition to any other remedies available to the Federal Government, may take
action authorized under the Drug-Free Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in
the contractor’s workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about –
(1) The dangers of drug abuse in the workplace;
(2) The contractor’s policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by paragraph
(a);
(d) Notifying the employee in the statement required by paragraph -(a) that, as a
condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within ten days
after receiving notice under subparagraph (d)(2) from an employee or otherwise
receiving actual notice of such conviction;
EXHIBIT 1
City Council 16 –104 11/16/2021
30
(f) Taking one of the following actions, within 30 days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted -
( 1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached “Place of Performance”
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code) .the contractor further certifies
that, if it is subsequently determined that additional sites will be used for the performance
of work under the contract, it shall notify the U.S. Department of Housing and Urban
Development immediately upon the decision to use such additional sites by submitting a
revised “Place of Performance” form.
Organization
Authorized Signature Date
EXHIBIT 1
City Council 16 –105 11/16/2021
31
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used for the
performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT 1
City Council 16 –106 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Agreements for On-Call Property Appraisal Services
AGENDA TITLE
Approve Agreements with Santolucito Doré Group, Inc., Integra Realty Resources, and
Hennessey & Hennessey LLC for On-Call Property Appraisal Services in an Amount Not
to Exceed $449,500, for a Three-Year Term (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with Santolucito Doré Group,
Inc., to provide completion of final close-out work per Caltrans requirements and
property appraisal services, on an as needed basis, in an amount not to exceed
$149,500, for a three-year term beginning November 16, 2021 and expiring November
15, 2024, with an option for two, one-year extensions, subject non-substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute agreements with Santolucito Doré Group, Inc.,
Integra Realty Resources, and Hennessey & Hennessey LLC to provide right-of-way
property appraisal services, in a shared aggregate amount not to exceed $300,000,
for a three-year term beginning November 16, 2021 and expiring November 15, 2024,
with an option for two, one-year extensions, subject non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On August 27, 2021, the Public Works Agency released Request for Proposal (RFP) No.
21-103 by which it sought the services of a professional engineering firm to provide On-
Call Property Appraisal services on an as-needed or “on-call” basis for the City of Santa
Ana Public Works Agency. The capital improvement projects needing the right-of-way
services include, but are not limited to, Warner Avenue, Bristol Street, Fairview Street,
and Grand Avenue street improvements.
The RFP was advertised on the City’s online procurement management and publication
system, with proposals due on September 15, 2021. Five proposals were received and
evaluated by a selection committee. Based on criteria outlined in the RFP, the following
summarizes the responding firms and their ranking:
City Council 17 –1 11/16/2021
Agreement with Santolucito Doré Group Inc., Integra Realty Resources, and Hennessey
& Hennessey LLC
November 16, 2021
Page 2
2
2
2
3
Firm City Rank
Santolucito Doré Group, Inc. Canyon Lake 1
Integra Realty Resources Encino 2
Hennessey & Hennessey LLC Tustin 3
Approval of the recommended action will authorize two sets of consultant agreements to
be utilized for future task orders, depending on the project funding source. For grant-
funded projects that require adherence to Caltrans Architecture and Engineering
requirements, task orders will be issued on the Caltrans version of the on-call agreement
(Exhibit 1). All other task orders for projects funded with local or discretionary funds shall
utilize the standard version of the consultant agreement (Exhibits 2, 3, and 4), which does
not contain the same Caltrans provisions and requirements for federally grant-funded
project tasks.
Based upon the scope of work and selection criteria outlined in RFP 21-103, staff
recommends awarding two sets of agreements: One to Santolucito Doré Group, Inc., to
provide completion of appraisal work per Caltrans requirements, on an on-call basis, and
the other to Integra Realty Resources, Hennessey & Hennessey LLC, and Santolucito
Doré Group, Inc., to provide right-of-way property appraisal services not subject to
Caltrans requirements, on an on-call basis. Their proposals demonstrated the firms have
the necessary capacity and expertise to complete the required services. The firms’ rates
are reasonable and within industry standard, the teams’ qualifications are appropriate,
and the proposals were determined to provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
The following table summarizes the projects with funds budgeted and available for
expenditure on the right-of-way acquisition and relocation services to be provided by the
agreements in Fiscal Year 2021-2022.
Federal Funded Project(s)
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2021-22 05917663-66220
(15-6827)
Select Street
Construction
Gas Tax HUTA 2103,
Improvements Other
Than Building
$20,000
City Council 17 –2 11/16/2021
Agreement with Santolucito Doré Group Inc., Integra Realty Resources, and Hennessey
& Hennessey LLC
November 16, 2021
Page 3
2
2
2
3
2021-22 03217663-66220
(15-6827)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$60,000
Total $80,000
Non-Federal Funded Project(s)
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2021-22 03217663-66220
(18-6901)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$37,500
2021-22 05917668-66220
(18-6901)
Select Street
Construction
Warner Ave-Tustin
Community Facilities
District, Improvements
Other Than Building
$12,500
2021-22 03517660-66220
(17-6883)
New
Transportation
System
Improvement-
Area F
New Transportation
System Improvement-
Area F, Improvements
Other Than Building
$20,000
2021-22 05917661-66220
(11-6741)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$60,000
Total $130,000
Any unused agreement amounts may be utilized by projects not listed above by following
the established on-call services process during the FY 2021-22 and for the remaining
agreement term. Prior to utilizing the on-call services for any future task orders without
accounts identified above, City staff must receive Finance and Management Services
Agency approval of funding and accounts to be used to ensure funds are available within
the authorization limit of $149,500 for any federally funded projects and under the shared
$300,000 aggregate for any projects using local or discretionary funds. Upon successful
completion of the fiscal review, a corresponding Notice to Proceed containing the specific
scope and maximum expenditure for the task order will be issued.
City Council 17 –3 11/16/2021
Agreement with Santolucito Doré Group Inc., Integra Realty Resources, and Hennessey
& Hennessey LLC
November 16, 2021
Page 4
2
2
2
3
EXHIBIT(S)
1. Agreement with Santolucito Doré Group, Inc., for On-Call Property Appraisal
Services – Caltrans Version
2. Agreement with Integra Realty Resources for On-Call Property Appraisal
Services
3. Agreement with Hennessey & Hennessey LLC for On-Call Property Appraisal
Services
4. Agreement with Santolucito Doré Group, Inc., for On-Call Property Appraisal
Services
Submitted By:
Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 17 –4 11/16/2021
Page 1
AGREEMENT TO PROVIDE ON CALL PROPERTY APPRAISAL SERVICES
THIS AGREEMENT is made and entered into this 16th day of November, 2021 by and between,
Santolucito Dore Group, Inc., a California corporation (“Consultant”), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (“City”).
RECITALS
A.On August 27, 2021, the City issued Request for Proposal (“RFP”) No. 21-103, by which
it sought a consultant to provide Property Appraisal Services on an on-call basis for the
City’s Public Works Agency.
B.Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the
scope of work that was included in RFP No. 21-103.
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 contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the property
appraisal services described in the scope of work that was included in RFP No. 21-103 and is
attached hereto and marked as Exhibit A and as more specifically delineated in Consultant’s
proposal (excluding addenda and fee proposal), which is attached as Exhibit B and incorporated
in full.
2.ALLOWABLE COSTS AND PAYMENTS
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Consultant’s
Cost Proposal attached as Exhibit C. Consultant is the top-ranking consultant to
provide property appraisal services on an as-needed basis under RFP No. 21-103.
The total compensation for these services provided under RFP No. 21-103 to
perform them shall not exceed an aggregate amount of $149,500.00 during the term
of the Agreement, including any extension periods.
b.Consultant’s Cost Proposal attached as Exhibit C. The specified hourly rates shall
include direct salary costs, employee benefits, overhead, and fee. These rates are
not adjustable for the performance period set forth in this Agreement. In addition,
City Council 17 –5 11/16/2021
Page 2
Consultant will be reimbursed for incurred (actual) direct costs other than salary
costs that are in the cost proposal and identified in the cost proposal and in the
executed Task Order.
c. Specific projects will be assigned to Consultant through issuance of Task Orders.
After a project to be performed under this Agreement is identified by City, City will
prepare a draft Task Order less the cost estimate. A draft Task Order will identify
the scope of services, expected results, project deliverables, period of performance,
project schedule and will designate a City Project Coordinator. The draft Task
Order will be delivered to Consultant for review. Consultant shall return the draft
Task Order within ten (10) calendar days along with a Cost Estimate, including a
written estimate of the number of hours and hourly rates per staff person, any
anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.
After agreement has been reached on the negotiable items and total cost, the
finalized Task Order shall be signed by both City and Consultant.
d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific
rates of compensation, both of which must be based on the labor and other rates set
forth in Consultant Cost Proposal.
e. Reimbursement for transportation and subsistence costs shall not exceed the rates
as specified in the approved Cost Proposal.
f. When milestone cost estimates are included in the approved Cost Proposal,
Consultant shall obtain prior written approval for a revised milestone cost estimate
from City before exceeding such estimate.
g. Progress payments for each Task Order will be made monthly in arrears based on
services provided and actual costs incurred.
h. Consultant shall not commence performance of work or services until this
Agreement has been approved by City, and notification to proceed has been issued
by City. No payment will be made prior to approval or for any work performed
prior to approval of this Agreement.
i. A Task Order is of no force or effect until returned to City and signed by an
authorized representative of City. No expenditures are authorized on a project, and
work shall not commence until a Task Order for that project has been executed by
City.
j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon
receipt by City of itemized invoices in triplicate. Separate invoices itemizing all
costs are required for all work performed under each Task Order. Invoices shall be
City Council 17 –6 11/16/2021
Page 3
submitted no later than 45 calendar days after the performance of work for which
Consultant is billing, or upon completion of the Task Order. Invoices shall detail
the work performed on each milestone, on each project as applicable. Invoices shall
follow the format stipulated for the approved Cost Proposal and shall reference this
Agreement number, project title, and Task Order number. Credits due to City that
include any equipment purchased under the Equipment Purchase provision of this
Agreement must be reimbursed by Consultant prior to the expiration or termination
of this Agreement. Invoices shall be mailed to City at the following address: City
of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988,
Santa Ana, CA 92702.
k. The period of performance for Task Orders shall be in accordance with dates
specified in the Task Order. No Task Order will be written which extends beyond
the expiration date of this Agreement.
l. The total amount payable by City for an individual Task Order shall not exceed the
amount agreed to in the Task Order, unless authorized by contract amendment.
m. If the Consultant fails to satisfactorily complete a deliverable according to the
schedule set forth in a Task Order, no payment will be made until the deliverable
has been satisfactorily completed.
n. Task Orders may not be used to amend this Agreement and may not exceed the
scope of work under this Agreement.
o. The total amount payable by City for all Task Orders resulting from this Agreement
shall not exceed an aggregate amount of $149,500. It is understood and agreed that
there is no guarantee, either expressed or implied, that this dollar amount will be
authorized under this Agreement through Task Orders.
p. Consultant shall submit progress reports on each specific project in accordance with
the Task Order. These reports shall be submitted at least once a month. The report
should be sufficiently detailed for the City’s Project Manager to determine, if
Consultant is performing to expectations, or is on schedule; to provide
communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
q. Consultant’s Project Manager shall meet with City’s Project Manager, as needed,
to discuss progress on the project(s).
r. This Agreement is valid and enforceable only if sufficient funds are made available
to the City for the purpose of this Agreement. In addition, this Agreement is subject
to any additional restrictions, limitations, conditions, or any statute enacted by
Congress, the State Legislature, or the City that may affect the provisions, terms or
funding of this Agreement in any manner.
City Council 17 –7 11/16/2021
Page 4
3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part
31, Contract Cost Principals and Procedures, shall be used to determine the
allowability of individual terms of cost. et seq., shall be used to determine the cost
allowability of individual items.
b. Consultant agrees to comply with federal procedures in accordance with 2 CFR,
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
c. Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to City.
4. PERFORMANCE PERIOD
a. This Agreement shall go into effect on the date first written above, contingent upon
approval by City, and Consultant shall commence work after notification to proceed
by City. This Agreement shall end on November 15, 2024, unless terminated earlier
in accordance with Section 21. The term of this Agreement may be extended for
up to two 1-year periods upon a writing executed by the City Manager and City
Attorney.
b. Consultant is advised that any recommendation for contract award is not binding
on City until the Agreement is fully executed and approved by City.
c. The period of performance for each specific project shall be in accordance with the
Task Order for that project. If work on a Task Order is in progress on the expiration
date of this Agreement, the terms of the Agreement shall be extended by
amendment.
5. STATE PREVAILING WAGE RATES
a. If applicable, Consultant shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code,
Section 1770, and all Federal, State, and local laws and ordinances applicable to the
work.
b. Any subcontract entered into as a result of this Agreement, if for more than $25,000
for public works construction or more than $15,000 for the alteration, demolition,
repair, or maintenance of public works, shall contain all of the provisions of this
Section, unless the awarding agency has an approved labor compliance program by
the Director of Industrial Relations.
City Council 17 –8 11/16/2021
Page 5
c. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set
by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be
responsible for any future adjustments to prevailing wage rates including, but not
limited to, base hourly rates and employer payments as determined by the
Department of Industrial Relations, Consultant is responsible for paying the
appropriate rate, including escalations that take place during the term of the
Agreement.
d. When prevailing rates apply, the Consultant is responsible for verifying compliance
with certified payroll requirements. Invoice payment will not be made until the
invoice is approved by City.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
7. 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 subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant 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. Ci ty 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.
8. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
City Council 17 –9 11/16/2021
Page 6
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Insurance coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability Insurance: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3) Workers’ Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) Insurance- appropriate to the
Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim,
$2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to
contain, the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2) Primary Coverage- for any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
City Council 17 –10 11/16/2021
Page 7
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3) Notice of Cancellation- each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by
the City. The City may require the Consultant to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by
either the named insured or City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-
made basis:
1) The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the
Consultant must purchase “extended reporting” coverage for a minimum of five (5)
years after completion of contract work.
H. Verification of Coverage- Consultant shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage required by this clause) and a copy of
the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant’s obligation to
provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications,
at any time.
City Council 17 –11 11/16/2021
Page 8
I. Subcontractors- Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that
City is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances- City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
9. INDEMNIFICATION
Consultant agrees to defend, 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 subconsultants, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney’s fees,
for infringement of any United States’ letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
11. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and
other matters connected with the performance of this Agreement, pursuant to Government Code
8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the performance
City Council 17 –12 11/16/2021
Page 9
of the Agreement, including but not limited to, the costs of administering the Agreement. All
parties shall make such materials available at their respective offices at all reasonable times during
the Agreement period and for three years from the date of final payment under the Agreement. The
state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government
shall have access to any books, records, and documents of Consultant and its certified public
accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished
if requested.
12. AUDIT REVIEW PROCEDURES
a. Any dispute concerning a question of fact arising under an interim or post audit of
this Agreement that is not disposed of by mutual agreement shall be reviewed by
the City.
b. Not later than 30 days after issuance of the final audit report, Consultant may
request a review by the City of unresolved audit issues. The request for review will
be submitted in writing, submitted to the project manager of RFP.
c. Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from full and timely performance in accordance with the terms of this
Agreement.
13. 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.
14. CONFLICT OF INTEREST
a. Consultant shall disclose any financial, business, or other relationship with City that
may have an impact upon the outcome of this Agreement, or any ensuing City
construction project. Consultant shall also list current clients who may have a
financial interest in the outcome of this Agreement, or any ensuing City
construction project that will follow.
City Council 17 –13 11/16/2021
Page 10
b. Consultant hereby certifies that it does not now have, nor shall it acquire any
financial or business interest that would conflict with the performance of services
under this Agreement.
c. Consultant agrees to complete any statements of economic interest if required by
either City ordinance or State law.
15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION
Consultant warrants that this Agreement was not obtained or secured through rebates
kickbacks or other unlawful consideration, either promised or paid to any City employee. For
breach or violation of this warranty, City shall have the right in its discretion; to terminate the
contract without liability; to pay only for the value of the work actually performed; or to deduct
from the contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
16. 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
Executive Director
Public Works
Agency City of
Santa Ana
20 Civic Center Plaza (M-
21) P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Consultant: Christine S. Santolucito,
President
Santolucito Dore Group, Inc.
31600 Railroad Canyon Road, Suite 100-L
Canyon Lake, CA 92587
City Council 17 –14 11/16/2021
Page 11
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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
17. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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.
18. SUBCONTRACTING
a, Nothing contained in this Agreement or otherwise, shall create any contractual
relation between City and any subconsultant(s), and no subcontract shall relieve
Consultant of its responsibilities and obligations hereunder. Consultant agrees to
be as fully responsible to City for the acts and omissions of its subconsultant(s) and
of persons either directly or indirectly employed by any of them as it is for the acts
and omissions of persons directly employed by Consultant. Consultant’s obligation
to pay its subconsultant(s) is an independent obligation from City’s obligation to
make payments to the Consultant.
b. Consultant shall perform the work contemplated with resources available within
its own organization and no portion of the work pertinent to this Agreement shall
be subcontracted without written authorization by City, except that which is
expressly identified in the approved Cost Proposal.
c. Consultant shall pay its subconsultants within fifteen (15) calendar days from
receipt of each payment made to Consultant by City.
d. All subcontracts entered into as a result of this Agreement shall contain all the
provisions stipulated in this Agreement to be applicable to subconsultants.
e. Any substitution of subconsultant(s) must be approved in writing by City prior to
the start of work by the subconsultant(s).
City Council 17 –15 11/16/2021
Page 12
19. EQUIPMENT PURCHASE
a. Prior authorization in writing by City shall be required before Consultant enters
into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or consultant services. Consultant shall provide an evaluation of the
necessity or desirability of incurring such costs.
b. For purchase of any item, service or consulting work not covered in Consultant’s
Cost Proposal and exceeding $5,000 prior authorization by City, three competitive
quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
c. Any equipment purchased as a result of this Agreement is subject to the following
condition: “Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and
an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, City shall receive a proper refund or credit at
the conclusion of the Agreement, or if the Agreement is terminated, Consultant may
either keep the equipment and credit City in an amount equal to its fair market
value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established City procedures and credit City in an amount equal
to the sales price. If Consultant elects to keep the equipment, fair market value
shall be determined at Consultant’s expense, based on a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser
mutually agreeable to by City and Consultant. If it is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance by
City.” 2 CFR, Part 200 requires a credit to Federal funds when participating
equipment with a fair market value greater than $5,000 is credited to the project.
20. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
21. TERMINATION
a. City reserves the right to terminate this Agreement upon thirty (30) calendar days
written notice to Consultant with the reasons for termination stated in the notice. Upon
termination, City shall be entitled to all work including but not limited to, reports, investigations,
appraisals, inventories, studies, analyses, drawings and data estimates performed to that date,
whether completed or not.
City Council 17 –16 11/16/2021
Page 13
b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved
of liability to City for damages sustained by the City by virtue of any breach of this Agreement by
Consultant, and City may withhold any payments due to Consultant until such time as the exact
amount of damages, if any, due City from Consultant is determined.
22. 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.
23. 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.
24. STATEMENT OF COMPLIANCE
a. Consultant’s signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that Consultant
has, unless exempt, complied with, the nondiscrimination program requirements of
Government Code Section 12990 and Title 2, California Administrative Code,
Section 11102.
b. During the performance of this Agreement, Consultant and its subconsultants shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, gender, gender
identity, gender expression, sexual orientation, military or veteran status, and
denial of family care leave. Consultant and subconsultants shall insure that the
evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment.
c. Consultant and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,
City Council 17 –17 11/16/2021
Page 14
are incorporated into this Agreement by reference and made a part hereof as if set
forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
d. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally assisted programs of the Department of
Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of
Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
federal assistance will implement and maintain a policy of nondiscrimination in
which no person in the state of California shall, on the basis of race, color, national
origin, religion, sex, age, disability, be excluded from participation in, denied the
benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
e. The Consultant, with regard to the work performed by it during the Agreement shall
act in accordance with Title VI. Specifically, the Consultant shall not discriminate
on the basis of race, color, national origin, religion, sex, age, or disability in the
selection and retention of subconsultants, including procurement of materials and
leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s
Regulations, including employment practices when the Agreement covers a
program whose goal is employment.
f. Consultant, subrecipient or subconsultant will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against
anyone in connection with the award and performance of any contract covered by
40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national
origin. In administering the City components of the Disadvantaged Business
Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will
not, directly, or through contractual or other arrangements, use criteria or methods
of administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program Plan with respect to
individuals of a particular race, color, sex, or national origin.
g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement, Consultant
shall carryout applicable requirements of 49 CFR 26 in the award and
administration of federal-aid contracts.
Failure by Consultant to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy, which the City deems appropriate, which may include, but is not limited
to:
1) Withholding monthly progress payment if applicable;
City Council 17 –18 11/16/2021
Page 15
2) Assessing sanctions;
3) Liquidating damages; and/or
4) Disqualifying consultant from future proposing as non-responsible.
h. Termination and Substitution of DBE Subconsultants. Consultant shall utilize the
specific DBEs listed to perform the work and supply the materials for which each
is listed unless Consultant or DBE subconsultant obtains the City’s written consent.
Consultant shall not terminate or substitute a listed DBE for convenience and
perform work with their own forces or obtain materials from other sources without
authorization from City. Unless the City’s consent is provided, the Consultant shall
not be entitled to any payment for work or material unless it is performed or
supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE
Commitment form, included in the Bid.
i. Consultant shall notify City’s designated representative of any changes to its
anticipated DBE participation before starting the affected work. Consultant shall
notify City of any notices of decertification or certification regarding a
subconsultant’s DBE status.
j. Consultant shall provide all required DBE forms to the City as required pursuant to
applicable law.
k. All certifications required for the Bid are attached hereto as part of Exhibit B to the
Agreement.
25. DEBARMENT AND SUSPENSION CERTIFICATION
a. Consultant’s signature affixed herein, shall constitute a certification under penalty
of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)”, which certifies that he/she or any
person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended,
debarred, voluntarily excluded, or determined ineligible by any federal agency
within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years. Any exceptions to this certification must be
disclosed to City.
b. Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal Highway
Administration.
City Council 17 –19 11/16/2021
Page 16
26. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST: CITY OF SANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney
By: _
Laura A. Rossini Christine S. Santolucito
Chief Assistant City Attorney President
RECOMMENDED FOR APPROVAL
NABIL SABA
Executive Director
Public Works Agency
City Council 17 –20 11/16/2021
Page 17
EXHIBIT A
SCOPE OF SERVICES
City Council 17 –21 11/16/2021
City of Santa Ana RFP 21-103
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL PROPERTY APPRAISAL SERVICES
RFP NO. 21-103
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On-Call Property Appraisal services on an as-needed or “on-call” basis.
It is the City’s goal to select one or more firms to enter into an agreements with to provide as
needed property appraiser services for capital improvement projects (CIP). The CIP projects
needing these right-of-way services include, but are not limited, to Warner Avenue, Bristol Street,
Fairview Street, and Grand Avenue Street Improvements.
Property Appraisal Services
Maximum Contract
Aggregate Amount
$148,000
From the proposals received, it is the City’s goal to select up to three firms for property appraisal
services for the on-call pool. The City will enter into separate agreements (the “Agreement”) with
each of these firms, with a not-to-exceed aggregate amount shared amongst all. Work will be
assigned by Contract Task Orders. As tasks are identified, they will be distributed among these
firms based upon their ability to perform the required work within the project schedule and budget
constraints. A detailed scope of work and corresponding fee will be outlined when a specific task
is assigned to a consultant. The City reserves the right to distribute the work in any manner which
will best serve the City’s interests.
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
City Council 17 –22 11/16/2021
City of Santa Ana RFP 21-103
Page A1-2
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
City Council 17 –23 11/16/2021
City of Santa Ana RFP 21-103
Page A1-3
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
PROPERTY APPRAISAL SERVICES
Consultant shall prepare appraisal services that include full and partial acquisition for residential
property; commercial property; industrial property; easements; special use or zoned property; and
review appraisals. Appraisal Services shall be in accordance with federal, state, and local
regulations, policies, procedures and standards. Consultant must make every effort to meet with
the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
Prepare appraisal report in accordance with the State of California Laws and the Uniform
Standards of Professional Appraisal Practice (USPAP)
Research records, inspect the site and communicate with the property owner in
preparation of the appraisal report. This might require multiple attempts for site visit and
inspection
Prepare Real Estate Appraisal reports for full and partial acquisition
Prepare Appraisal Summary Statements to accompany City’s Offer Package
Prepare Valuation of City’s Landscape Setback Easement requirements
Prepare detailed appraisal report necessary for condemnation
Coordinate with Fixtures and Equipment Appraisers
Coordinate with Business Goodwill Appraisers
Communicate with property owners in writing and as required to obtain adequate
City Council 17 –24 11/16/2021
City of Santa Ana RFP 21-103
Page A1-4
information to prepare the report
Prepare all necessary correspondence, letters and reports
Provide effective communication with engineers, planners, attorneys, and City staff
Comply with federal, state and local regulations
Create files and maintain all records
Provide condemnation consultations as necessary
Attend meetings/public hearings and conduct presentations
Provide expert witness testimony as required for condemnation proceedings
Coordinate and review of Phase I and Phase II Environmental Studies
Review appraisal reports prepared by other consultants as required by the City and prepare
review summary
Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and
Caltrans guidelines
Examine all appraisals and corresponding reports
Seek any corrections or revisions deemed appropriate
Prepare Dual Appraisal Report as required for federally funded projects under Caltrans
Guidelines
Real estate appraisers must be certified and a Member of the Appraisal Institute
Sample Fee Proposal
Consultant shall describe the process (methods of appraisal, research, and any other necessary
tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The
proposal will be used for fee comparison and evaluation process. The partial acquisition for
Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within
the acquired area shall be appraised accordingly.
Sample locations for appraisal proposal are the following:
1224 E. Warner Avenue (Cherry Aerospace Park Take)
2246 S. Evergreen Street (Residential Full Take)
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City’s
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
Each invoice must include a Consultant Progress Report that contains tasks and activities
completed and summary of work in the next month period. Certificate of insurance must be
current in order for invoices to be processed.
City Council 17 –25 11/16/2021
City of Santa Ana RFP 21-103
Page A1-5
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
Facilitate meeting spaces and coordination with City staff
Access to City facilities
CONSULTANT RESPONSIBILITIES:
Provide all required insurance as outlined in Attachment 2 of this RFP.
Submit renewal of Certificate of Insurance 30 days before expiring.
Ensure Certificate of Insurance is current when submitting invoices.
SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall
therefore comply with all state and federal requirements. The below referenced forms included in
Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and
submitted with your proposal:
LAPM Exhibit 10-H: Sample Cost Proposal
LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment
LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee
Proposal hard copy package)
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these
forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf
COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:
This agreement may be funded with state and/or federal grant funds administered by Caltrans.
Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to
Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2
for On-Call Contracts) in the Appendix of this RFP.
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:
The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE
participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information
included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 –
Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s
DBE goal.
CONSULTANT AUDIT AND REVIEW PROCESS:
City Council 17 –26 11/16/2021
City of Santa Ana RFP 21-103
Page A1-6
The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of
Indirect Costs and Financial Management System for all prime and sub-consultants in the
Appendix of this RFP.
To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms
City Council 17 –27 11/16/2021
Page 18
EXHIBIT B
CONSULTANT’S PROPOSAL
City Council 17 –28 11/16/2021
PREPARED FOR:
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza
Ross Annex
Santa Ana, CA 92701
PREPARED BY:
Santolucito Doré Group, Inc.
31600 Railroad Canyon Road
Suite 100-L
Canyon Lake, CA 92587
PROPOSAL FOR ON-CALL PROPERTY APPRAISAL SERVICES
September 15, 2021 •4:00 pm
City Council 17 –29 11/16/2021
1. STATEMENT OF QUALIFICATIONS
City Council 17 –30 11/16/2021
City Council 17 –31 11/16/2021
City Council 17 –32 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –33 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –34 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –35 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
*Key Personnel (Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
(Certified DBE, SBE, WBE)
City Council 17 –36 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –37 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –38 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
Detailed Inspection of the Property
Complete Highest and Best Use Analysis
Research Market Data of the Neighborhood, Subject Property, and Comparable Sales
City Council 17 –39 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
Write a Narrative Appraisal Report
City Council 17 –40 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –41 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –42 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –43 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –44 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –45 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –46 11/16/2021
2. SCOPE OF SERVICES AND SCHEDULE
City Council 17 –47 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –48 11/16/2021
City of Santa Ana, Public Works Agency– Proposal for On-Call Property Appraisal Services
City Council 17 –49 11/16/2021
4. CERTIFICATIONS
City Council 17 –50 11/16/2021
City Council 17 –51 11/16/2021
City Council 17 –52 11/16/2021
City Council 17 –53 11/16/2021
City Council 17 –54 11/16/2021
City Council 17 –55 11/16/2021
FEE
PROPOSAL
PREPARED FOR:
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza
Ross Annex
Santa Ana, CA 92701
PREPARED BY:
Santolucito Doré Group, Inc.
31600 Railroad Canyon Road
Suite 100-L
Canyon Lake, CA 92587
PROPOSAL FOR ON-CALL PROPERTY APPRAISAL SERVICES
September 15, 2021 • 4:00 pm
City Council 17 –56 11/16/2021
3. FEE PROPOSAL
City Council 17 –57 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 1
FEE PROPOSAL
Appraisals are typically bid on a lump sum per subject property basis, depending on the type of
property and complexity of the appraisal problem. Other types of appraisal services are typically
billed on an hourly rate basis. SD Group’s fee for the appraisals of the sample properties
referenced in the RFP and our hourly rates for any additional services requested are provided
below. Our method of appraisal, research, applicable tasks, and proposed schedule are included
in the body of the technical proposal and included following our fee proposal as well. All appraisal
and appraisal review reports will be prepared in narrative format to be utilized for condemnation
purposes. They will comply with USPAP, the Caltrans Right of Way Manual, the Uniform Act, and
California Eminent Domain law.
REAL ESTATE APPRAISAL REPORT FEES
• Appraisal of 1224 East Warner Avenue (Cherry Aerospace Park Partial Acquisition)
o M1 Light Industrial property, 15.45-acre site, approximate 270,000 square foot
building (the building size was not provided on public records and was taken from
Google Earth measurements for this proposal)
o The acquisition of 10 feet from the back of sidewalk does not appear that it would
impact the building improvements, any business operations, or parking
o It appears a land only appraisal with compensation for site improvements
(including, but not limited to: grass, bushes, several trees, a flagpole, and brick
planter, as well as a monument sign that may need to be acquired, then relocated
further back on the site)
o An analysis of the value of the whole after acquisition will be made to determine if
damages exist due to the partial acquisition
o The fee for this type of appraisal would be approximately $4,000 for one appraisal
with a turn around time of 45-60 days, from notice to proceed and receipt of all
pertinent project and parcel information including the preliminary title report and
any other necessary documents (provided by the City), with discounts given when
receiving multiple parcels/appraisals of similar property types
• Appraisal of 2246 South Evergreen Street (Residential Full Acquisition)
o R1 Single Family Residential property, 7,835 square foot site, 931 square foot
residence, built in 1952
o The acquisition of the entire property in full fee
o The fee for this type of appraisal would be approximately $2,500 for one appraisal
with a turn-around time of 30-45 days, from notice to proceed and receipt of all
pertinent project and parcel information including the preliminary title report and
any other necessary documents (provided by the City), with discounts given when
receiving multiple parcels/appraisals of similar property types
HOURLY RATES
• Principal - $250-350 per hour for valuation and consultation
• Principal - $350-$450 per hour for litigation support/depositions/court appearances
• Senior - $150 per hour for valuation and consultation
• Administrative/Research - $75-$100 per hour for valuation support
City Council 17 –58 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 2
Our fees for the written narrative appraisal reports include site inspections with each property
owner and meetings at the City, as required. We will provide condemnation support, as
necessary, billed on an hourly basis. Draft electronic versions of the appraisal reports will be
delivered for review and final electronic and hard copies, when requested, will be delivered to the
client upon approval from the review appraiser. There are no additional document or historical
retrieval costs anticipated. Travel and material costs are included in our total fee for this
assignment.
City Council 17 –59 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 3
UNDERSTANDING OF NEED AND
PROPOSED METHOD TO ACCOMPLISH WORK
SD Group looks forward to tailoring specific processes to comply with the City’s policies,
procedures, and preferences. SD Group prides itself on its ability to complete complex projects
on schedule and within budget. Christie and Lance have years of experience coordinating with
various agencies and will strategize and coordinate each project thoroughly from the beginning
to deliver high quality outstanding appraisal services. Christie and Lance will work closely with
the City’s Project Managers and staff to discover ways to provide assistance, offer
recommendations whenever challenges are presented, and will seek feedback pertaining to
progress and satisfaction with SD Group’s performance.
Appraisal is unique to each property and all recognized appraisal methodologies are completed
with the highest level of quality. The following section describes our general work plan for
completing the various appraisal and appraisal review assignments.
APPRAISAL
The purpose of an appraisal report is to produce a document that can be used by the City in
negotiations for acquisition or disposition of property. The typical scope of work for an appraisal
includes, but is not necessarily limited to, the following steps:
Detailed Inspection of the Property
The acquisition process begins when the appraiser sends out the Notice of Intent to Appraise
letters to impacted property owners (for acquisitions). The appraiser will invite the property
owner to be present for the onsite inspection. Additionally, City staff, other consultants/experts
involved in the project, and, if applicable, the acquisition agent, are encouraged to attend the
inspection as well. A complete understanding of the larger parcel, the subject property and
overall impacts are a critical step in the appraisal process.
Complete Highest and Best Use Analysis
The cornerstone of the appraisal process is a detailed highest and best use of the property as
vacant and as improved, which will be performed to isolate any valuation issues that arise
after a detailed analysis of the legal, physical, and financial aspects of the property. This is
the essential basis for the valuation analysis and ultimately the just compensation. The last
critical stage is to determine the highest and best use of the remainder. Issues that may arise
from this final test is uneconomic remainders, determination of underlying fees, or additional
considerations for partial acquisitions and easements. This ultimately determines factors that
may result in severance damages.
Research Market Data of the Neighborhood, Subject Property, and Comparable Sales
After the determination of the highest and best use, the comparables are selected with similar
highest and best uses. When identifying sales of comparable properties, market research will
include discussions with appropriate real estate professionals and governmental agencies. All
sales data utilized in an appraisal report will be confirmed with a party to those transactions,
whenever possible. Details of the comparables are presented to fully disclose all issues for
adjustments applicable to the valuation of the subject.
City Council 17 –60 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 4
Write a Narrative Appraisal Report
The type of appraisal report utilized will be determined on a parcel-by-parcel basis. This
determination will be made after analyzing the particular assignment and interests to be
acquired, i.e., fee, easement, etc. A narrative appraisal report is typically used for public
agency/eminent domain purposes. The appraiser may also be required to complete an
Appraisal Summary Statement at the request of the City. Typical steps in the appraisal
process are listed below:
• Identify the larger parcel and the appraisal problem;
• Obtain and review legals, plats, title reports, environmental reports, and other
documents (provided by the City);
• Send out Notice of Intent to Appraise letter;
• Gather market data;
• Perform property inspection;
• Meet with project designer and others to address property impacts;
• Perform a detailed highest and best use analysis;
• Analyze and inspect comparables;
• Valuation via the three approaches to value (sales, cost, income), as applicable for the
property type;
• Coordinate with Fixtures and Equipment Appraisers and Business Goodwill Appraisers;
• Reconcile approaches to value;
• Valuation of the part(s) acquired and improvements located within the acquisition area;
• Valuation of the remainder after acquisition;
• Assess and value potential damages and project benefits;
• Prepare written appraisal report;
• Work with the Review Appraiser;
• Prepare the Appraisal Summary Statement; and
• Deliver the completed appraisal report.
After the delivery of the appraisal any review comments will be addressed, and when required,
the report will be corrected or expanded to ensure the most reliable document for public
scrutiny.
APPRAISAL REVIEW
Appraisers are required to comply with the Uniform Standards of Professional Appraisal Practice
(USPAP) when performing appraisals and appraisal reviews. As such, the review appraiser is
required to address a number of specific items pertaining to the report under review including the
completeness of the report, adequacy and relevance of the data, propriety of the adjustments,
form an opinion as to the appropriateness of the appraisal methods and techniques used to
complete the appraisal, form an opinion as to whether or not the analyses, opinions, and
conclusions are appropriate and reasonable or develop reasons for the disagreements, if any. In
addition to USPAP, eminent domain projects with federal and state funding require compliance
with various additional regulations and guidelines.
The scope of work for an appraisal review typically includes the following steps:
• Identify the appraiser(s) that conducted the appraisal;
• Become familiar with the subject property and review legals, plats, title reports,
environmental reports, and other documents;
City Council 17 –61 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 5
• Become familiar with the subject neighborhood and the comparable properties used in
the various analyses;
• Check all mathematical calculations made by the appraiser(s);
• Cross-reference narrative descriptions within the report with photographs, maps, and
other exhibits (when included in the work under review);
• Review the weighting assigned to the approaches to value used in the appraisal;
• Determine if accepted appraisal principles, techniques, and standards were followed in
arriving at property value in accordance with USPAP, California law, and Caltrans,
FHWA, and FTA regulations, when applicable;
• Ensure that the appraiser(s) did not overlook any feature that would materially affect the
property value;
• Develop an opinion as to the completeness of the material under review, given the
review appraiser’s scope of work;
• Develop an opinion as to the apparent adequacy and relevance of the data and the
propriety of any adjustments to the data, given the review appraiser’s scope of work;
• Develop an opinion as to appropriateness of the appraisal methods and techniques
used, given the review appraiser’s scope of work, and developed reasons for any
disagreement;
• Develop an opinion as to whether the analyses, opinions, and conclusions are
appropriate and reasonable, and developed the reasons for any disagreement; and
• Form an opinion as to whether the appraisal can be used to establish fair market value
for the subject larger parcel and make a recommendation as to whether the appraisers’
estimate of fair market value should be used as just compensation for the proposed
acquisition.
• Work with the appraiser whose work is under review to address any areas of concern
within the appraisal.
• Prepare and deliver the written appraisal review report.
SD Group has the availability to deliver appraisal services to the City on an on-call basis. We
have a history of delivering on time and within budget.
City Council 17 –62 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 6
SCOPE OF SERVICES AND SCHEDULE
SD Group has the availability to deliver appraisals and appraisal reviews to the City in a timely
manner. Appraisal assignments are typically completed within 45 to 60 days after notice to
proceed (NTP) and receipt of all pertinent project and parcel information. Reviews are typically
completed within 7 to 10 days. The steps necessary to complete and appraisal and appraisal
review were previously provided in the Understanding of Need and Proposed Method to
Accomplish Work section. Our proposed schedule for a typical right of way appraisal is as follows:
• Day 1 – NTP and receipt of Preliminary Title Reports (PTR) and other relevant documents;
• Day 2 – Send out Notice of Decision to Appraise (NODA) letters;
• Days 3-23 – Research subject properties (parcel size, existing land use/zoning, other
pertinent factors), identify the appraisal problem, review PTRs and other
reports/documents, research neighborhood and market data, perform detailed highest and
best use analyses, and select, analyze, and verify comparables;
• Days 23-25 – Property inspections and comparables inspections;
• Days 26-40 – Valuations via applicable approaches (sales, cost, income);
• Day 41 – Reconcile the approaches used;
• Days 41-45 – Type the narrative appraisal reports; and
• Days 45-60 – Deliver the draft appraisal reports.
We understand the description and scope of work outlined in the RFP Attachment 1, under
Property Appraisal Services, and will meet all requirements. All work will be under the oversight
of Christie, the Project Manager for this contract. Additionally, Lance will review and sign all
reports requiring an MAI signature. We have Quality Assurance/Quality Control (QA/QC) plan in
place for each assignment that is tailored to the specific needs of each client and project.
APPRAISAL METHODOLOGY AND PROCESS
Property will be appraised via one or more of the three traditional approaches to value (cost, sales,
and income capitalization), depending on the highest and best use and the quality and quantity of
data available for analysis.
The cost approach is a breakdown of property into land and building components. It assumes that
an informed buyer would pay no more for a property than the cost of acquiring land and reproducing
improvements of similar utility, less the amount of any depreciation. This approach is most
applicable when improvements are relatively new and represent the highest and best use of the
land, or in the case of special-use properties, for which there are few comparable sales.
The sales comparison approach is the comparison of similar properties, that recently sold or are
currently listed for sale, to the subject property. It assumes that an informed buyer would pay no
more for a property than the cost of acquiring a substitute property of similar utility and desirability.
This approach is most applicable when there are sufficient recent and reliable transactions of similar
properties. It is most often relied upon in the valuation of owner-user properties.
The income capitalization approach reflects the present value of the future benefits of property
ownership. It converts a property’s net operating income into a lump-sum value via capitalization.
The two methods of income capitalization are direct capitalization and yield capitalization (via a
discounted cash flow analysis), with one or both applied, as applicable to the property being
appraised. This approach is most applicable for income-producing properties.
City Council 17 –63 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 7
Reconciliation of the appropriate approaches to value is the final analytical step in the valuation
process. The relative dependability and applicability of each approach to value is each is evaluated
to derive a value conclusion for the subject property.
RESOURCES TO BE UTILIZED
SD Group has the latest in-house hardware (laptops, monitors, printers, scanners) and software
(Narrative1, Microsoft Office Suite, Adobe Acrobat Pro, Google Earth Pro, DeLorme), as well as
subscriptions to professional market data (RealQuest, NiteOwl Pro, MLS, CoStar, LoopNet) for
searching property information, records, deeds, and sale/rent comparables. We keep primarily
electronic files stored on a server that is backed up regularly. We have an extensive database of
market data, trends, and comparable data from previous projects to pull from, when relevant to
the current appraisal assignment. We are fully equipped to handle the City’s appraisal
assignment.
City Council 17 –64 11/16/2021
City of Santa Ana RFP 21-075
Page A4-1
Appendix
ATTACHMENT 4
CALTRANS ATTACHMENTS
Please see below.
City Council 17 –65 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Page 4 of 11
January 2020
EXHIBIT 10-H2 COST PROPOSAL Page 1 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant __________________________________________ ☐Prime Consultant ☐Subconsultant ☐2nd Tier Subconsultant
Project No. _______________________ Contract No. _________________ Participation Amount $____________________ Date ________________
For Combined Rate
Fringe Benefit % + General &Administrative % = Combined ICR 110.00%
OR
For Home Office Rate
Fringe Benefit % + General &Administrative % = Home Office ICR%
For Field Office Rate
Fringe Benefit % + General &Administrative % = Field Office ICR%
Fee = 10%
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification Hourly Billing Rates
Effective Date of Hourly
Rate Actual or
Avg. Hourly
Rate
% or $
Increase
Hourly Range for
Classifications Only Straight OT(1.5x) OT(2x) From To
Christine Santolucito, R/W-AC* $250 N/A N/A 11/9/2021 12/31/2022 108.22 -- N/A
Principal Appraiser $350 N/A N/A 1/1/2023 12/31/2023 151.50 3.0% N/A
For valuation and consultation (1) $360 N/A N/A 1/1/2024 12/31/2024 156.05 3.0% N/A
$371 N/A N/A 1/1/2025 12/31/2025 160.73 3.0% N/A
$382 N/A N/A 1/1/2026 12/31/2026 165.55 3.0% N/A
Christine Santolucito, R/W-AC* $350 N/A N/A 11/9/2021 12/31/2022 151.50 -- N/A
Principal Appraiser $450 N/A N/A 1/1/2023 12/31/2023 195.00 3.0% N/A
For litigation support / depositions
/ court appearances (1)
$464 N/A N/A 1/1/2024 12/31/2024 200.85 3.0% N/A
$478 N/A N/A 1/1/2025 12/31/2025 206.88 3.0% N/A
$492 N/A N/A 1/1/2026 12/31/2026 213.08 3.0% N/A
Santolucito Dore Group, Inc.X
TBD TBD Up to $149,000 11/9/2021
City Council 17 –66 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Page 5 of 11
January 2020
Lance Doré, MAI, FRICS* $350 N/A N/A 11/9/2021 12/31/2022 151.50 -- N/A
Principal Appraiser $360 N/A N/A 1/1/2023 12/31/2023 156.05 3.0% N/A
For valuation and consultation $371 N/A N/A 1/1/2024 12/31/2024 160.73 3.0% N/A
$382 N/A N/A 1/1/2025 12/31/2025 165.55 3.0% N/A
$394 N/A N/A 1/1/2026 12/31/2026 170.51 3.0% N/A
Lance Doré, MAI, FRICS* $450 N/A N/A 11/9/2021 12/31/2022 195.00 -- N/A
Principal Appraiser $464 N/A N/A 1/1/2023 12/31/2023 200.85 3.0% N/A
For litigation support / depositions
/ court appearances
$478 N/A N/A 1/1/2024 12/31/2024 206.88 3.0% N/A
$492 N/A N/A 1/1/2025 12/31/2025 213.08 3.0% N/A
$507 N/A N/A 1/1/2026 12/31/2026 219.47 3.0% N/A
Meredith McDonald $150 N/A N/A 11/9/2021 12/31/2022 65.00 -- N/A
Senior Appraiser $155 N/A N/A 1/1/2023 12/31/2023 66.95 3.0% N/A
$159 N/A N/A 1/1/2024 12/31/2024 68.96 3.0% N/A
$164 N/A N/A 1/1/2025 12/31/2025 71.03 3.0% N/A
$169 N/A N/A 1/1/2026 12/31/2026 73.16 3.0% N/A
Mark Demkiw $150 N/A N/A 11/9/2021 12/31/2022 65.00 -- N/A
Senior Appraiser $155 N/A N/A 1/1/2023 12/31/2023 66.95 3.0% N/A
$159 N/A N/A 1/1/2024 12/31/2024 68.96 3.0% N/A
$164 N/A N/A 1/1/2025 12/31/2025 71.03 3.0% N/A
$169 N/A N/A 1/1/2026 12/31/2026 73.16 3.0% N/A
Matthew Sunderland $150 N/A N/A 11/9/2021 12/31/2022 65.00 -- N/A
Senior Appraiser $155 N/A N/A 1/1/2023 12/31/2023 66.95 3.0% N/A
$159 N/A N/A 1/1/2024 12/31/2024 68.96 3.0% N/A
$164 N/A N/A 1/1/2025 12/31/2025 71.03 3.0% N/A
$169 N/A N/A 1/1/2026 12/31/2026 73.16 3.0% N/A
Paul Kim $150 N/A N/A 11/9/2021 12/31/2022 65.00 -- N/A
Senior Appraiser $155 N/A N/A 1/1/2023 12/31/2023 66.95 3.0% N/A
$159 N/A N/A 1/1/2024 12/31/2024 68.96 3.0% N/A
$164 N/A N/A 1/1/2025 12/31/2025 71.03 3.0% N/A
$169 N/A N/A 1/1/2026 12/31/2026 73.16 3.0% N/A
Noble Tucker $100 N/A N/A 11/9/2021 12/31/2022 43.50 -- N/A
Trainee Appraiser $103 N/A N/A 1/1/2023 12/31/2023 44.81 3.0% N/A
$107 N/A N/A 1/1/2024 12/31/2024 46.15 3.0% N/A
City Council 17 –67 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Page 6 of 11
January 2020
$110 N/A N/A 1/1/2025 12/31/2025 47.53 3.0% N/A
$113 N/A N/A 1/1/2026 12/31/2026 48.96 3.0% N/A
Sky Sylvester $51 N/A N/A 11/9/2021 12/31/2022 22.00 -- N/A
Admin/Researcher $52 N/A N/A 1/1/2023 12/31/2023 22.66 3.0% N/A
$54 N/A N/A 1/1/2024 12/31/2024 23.34 3.0% N/A
$56 N/A N/A 1/1/2025 12/31/2025 24.04 3.0% N/A
$57 N/A N/A 1/1/2026 12/31/2026 24.76 3.0% N/A
Senior Appraiser $150 N/A N/A 11/9/2021 12/31/2022 65.00 -- $60.00 - $80.00
$155 N/A N/A 1/1/2023 12/31/2023 66.95 3.0%
$159 N/A N/A 1/1/2024 12/31/2024 68.96 3.0%
$164 N/A N/A 1/1/2025 12/31/2025 71.03 3.0%
$169 N/A N/A 1/1/2026 12/31/2026 73.16 3.0%
Trainee Appraiser / Analyst $100 N/A N/A 11/9/2021 12/31/2022 43.50 -- $25.00 - $50.00
$103 N/A N/A 1/1/2023 12/31/2023 44.81 3.0%
$107 N/A N/A 1/1/2024 12/31/2024 46.15 3.0%
$110 N/A N/A 1/1/2025 12/31/2025 47.53 3.0%
$113 N/A N/A 1/1/2026 12/31/2026 48.96 3.0%
Administrative/Researcher $51 N/A N/A 11/9/2021 12/31/2022 22.00 -- $16.00 - $25.00
$52 N/A N/A 1/1/2023 12/31/2023 22.66 3.0%
$54 N/A N/A 1/1/2024 12/31/2024 23.34 3.0%
$56 N/A N/A 1/1/2025 12/31/2025 24.04 3.0%
$57 N/A N/A 1/1/2026 12/31/2026 24.76 3.0%
* Key Personnel
(1)Christine's rate jumps 1/1/2023 upon completion of her MAI designation.
(Add pages as necessary)
NOTES:
1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply
with the Federal cost principles. Subconsultants will provide their own cost proposals.
2.The cost proposal format shall not be amended.
3.Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and
established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4.For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
EXHIBIT 10-H2 COST PROPOSAL Page 2 of 3
City Council 17 –68 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
Page 7 of 11
January 2020
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant __________________________________________ ☐ Prime Consultant ☐ Subconsultant
Project No. _______________________ Contract No. ____________________ Date ____________________
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Mileage Costs N/A $ $
Equipment Rental and Supplies N/A $ $
Permit Fees N/A $ $
Plan Sheets N/A $ $
Test N/A $ $
Vehicle N/A $ $
Subconsultant 1: N/A $
Subconsultant 2: N/A $
Subconsultant 3: N/A $
Subconsultant 4: N/A $
Subconsultant 5: N/A $
Note: Add additional pages if necessary.
NOTES:
1.List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3.Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4.Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5.Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6.Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7.If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be
supported by mileage logs.
8.If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles
that could be used for the same purpose.
9.The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10.Add additional pages if necessary.
11.Subconsultants must provide their own cost proposals.
XSantolucito Dore Group, Inc.
TBD TBD 11/9/2021
City Council 17 –69 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
7.Generally Accepted Accounting Principles (GAAP)
8.Terms and conditions of the contract
9.Title 23 United States Code Section 112 -Letting of Contracts
10.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
11.23 Code of Federal Regulations Part 172 -Procurement, Management, and
Administration of Engineering and Design Related Service
12 .48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are nonc ompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: ______________ _ Title*: ______________ _
Signature: _____________ _ Date of Certification (mm/dd/yyyy):
Email: ______________ _ Phone Number: ___________ _
Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
List services the consultant is providing under the proposed contract:
Page 7 of 9
January 2020
President
11/9/2021
Christine S. Santolucito
951-225-3500 x 101christie@sdgroupinc.com
31600 Railroad Canyon Road, Suite 100-L, Canyon Lake, CA 92587
On-Call Property Appraisal Services
Our work for the City of Santa Ana's on-call contract will be billed on a lump sum per appraisal basis. It is
recommended that our firm is included as a Vendor or Other Direct Cost (ODC) for any projects associated with
the on-call contract.
City Council 17 –70 11/16/2021
I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____
1.
2.
3.
4.
TERMS AS USED IN THIS DOCUMENT
•The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
•The term "Agreement" also means "Contract."
•Agency also means the local entity entering into this contract with the Contractor or Consultant.
•The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
AUTHORITY AND RESPONSIBILITY
A.DBEs and other small businesses are strongly encouraged to participate in the performance of
Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in
the performance of the work that is the subject of this solicitation and should take all necessary and
reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts.
B.Proposers are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included
in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must
make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must
document adequate good faith efforts. All DBE participation will be counted towards meeting the contract
goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed
consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and
return the form.
DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department's DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A.A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
B.A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
C.A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a
combination of the following:
1.The proposer is a DBE and will meet the goal by performing work with its own forces.
2.The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3.The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
Page 1 of 2
January 2020
0.00%TBD
City Council 17 –71 11/16/2021
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D.A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E.A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must
be responsible for the execution of a distinct element of the work and must carry out its responsibility by
actually performing, managing and supervising the work.
F.The proposer shall list only one subconsultant for each portion of work as defined in their proposal and
all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G.A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5.RESOURCES
A.The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database, please contact the Caltrans
Office of Certification toll free number 1-866-810-6346 for assistance.
B.Access the CUCP database from the Department of Transportation, Office of Civil Rights website
1.Click on the link titled Disadvantaged Business Enterprise;
2.Click on Search for a DBE Firm link;
3.Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING
CONDITIONS:
A.If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or
establishment that produces on the premises the materials, supplies, articles, or equipment required
under the Contract and of the general character described by the specifications.
B.If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the Contract are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the
firm must be an established, regular business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
C.If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc
or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other
persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this
section.
D.Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will
be limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
similar services.
Page 2 of 2
January 2020
City Council 17 –72 11/16/2021
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.)
Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related
services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the
Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) %
Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not
the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period
for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have
determined to the best of my knowledge and belief that:
•All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in
accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of
Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31);
•The cost proposal does not include any costs which are expressly unallowable under the cost
principles of 48 CFR Part 31;
•The accounting treatment and billing of prevailing wage delta costs are consistent with our
prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-
funded A&E Consultant Contracts.
•All known material transactions or events that have occurred subsequent to year-end affecting the
consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of
this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately
accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23
United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2);
and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
•Account numbers identifying allowable direct, indirect, and unallowable cost accounts;
•Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
Page 1 of 2
March 2018
Santolucito Dore Group, Inc.
N/A
N/A
N/A
N/A
N/A
SD Group does not have an ICR Rate because we are a small, woman-owned,
disadvantaged business enterprise without a sophisticated financial management
system as mentioned in this certification. SD Group bills on a lump sum basis per
appraisal report as a direct cost and should be listed as a vendor.
City Council 17 –73 11/16/2021
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
accounts;
•Ability to accumulate and segregate allowable direct costs by project, contract and type of cost;
•Internal controls to maintain integrity of financial management system;
•Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR;
•Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and
•Ability to ensure costs are in compliance with contract terms and federal and state requirement
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to
Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by
the following:
•Sanctions and Penalties -23 CFR Part 172.11(c)(4)
•False Claims Act -Title 31 U.S.C. Sections 3729-3733
•Statements or entries generally -Title 18 U.S.C. Section 1001
•Major Fraud Act -Title 18 U.S.C. Section 1031
All A&E Contract Information:
•Total participation amount $___________________ on all State and FAHP contracts for Architectural &
Engineering services that the consultant received in the last three fiscal periods.
•The number of states in which the consultant does business is .
•Years of consultant’s experience with 48 CFR Part 31 is .
•Audit history of the consultant’s current and prior years (if applicable)
☐Cognizant ICR Audit ☐Local Gov’t ICR Audit □Caltrans ICR Audit
☐Federal Gov’t ICR Audit☐CPA ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the
Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost
principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and
all applicable state and federal rules and regulations. I also certify that I understand that all documentation of
compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the
federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: _ Title**:
Signature: Date of Certification (mm/dd/yyyy):
Email**: Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a
Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by
Caltrans Audits and Investigations.
Distribution: 1) Original -Local Agency Project File
2) Copy -Consultant
3) Copy -Caltrans Audits and Investigations
Page 2 of 2
March 2018
N/A
Christine S. Santolucito President
christie@sdgroupinc.com
9/15/2021
951-225-3500
City Council 17 –74 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1.Local Agency:2.Contract DBE Goal:
3.Project Description:
4.Project Location:
5.Consultant's Name: 6.Prime Certified DBE:
7.Description of Work, Service, or Materials
Supplied
8.DBE
Certification
Number
10.DBE %
%
Local Agency to Complete this Section
17.Local Agency Contract Number:
18.Federal-Aid Project Number:
19.Proposed Contract Execution Date:
20.Consultant’s Ranking after Evaluation: __________________________
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
9.DBE Contact Information
11.TOTAL CLAIMED DBE PARTICIPATION
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
4
City of Santa Ana
City of Santa Ana
On-Call Property Appraisal Services
TBD
Santolucito Doré Group, Inc.
Property Appraisal and Appraisal Review Services 43345 100%
Christine S. Santolucito, R/W-AC
951-225-3500 ext. 101
christie@sdgroupinc.com
100
9/15/2021
Christine S. Santolucito 951-225-3500
President
City Council 17 –75 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency - Enter the name of the local or regional agency that is funding the contract.
2.Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Location - Enter the project location as it appears on the project advertisement.
4.Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
5.Consultant’s Name - Enter the consultant’s firm name.
6.Prime Certified DBE - Check box if prime contractor is a certified DBE.
7.Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8.DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9.DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10.DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11.Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12.Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm
must sign their name.
13.Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14.Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15.Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16.Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17.Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18.Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19.Proposed Contract Execution Date - Enter the proposed contract execution date.
20.Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are
evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21.Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
22.Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23.Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
24.Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
25.Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019 City Council 17 –76 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency:2.Contract DBE Goal:
3.Project Description:
4.Project Location:
5.Consultant's Name:6.Prime Certified DBE: 7.Total Contract Award Amount:
8.Total Dollar Amount for ALL Subconsultants:9.Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11.DBE
Certification
Number
12.DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14.TOTAL CLAIMED DBE PARTICIPATION
$ 20.Local Agency Contract
Number:
21. Federal-Aid Project Number:
22.Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25.Local Agency Representative's Name 26. Phone
27.Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2.Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Property Appraisal and Appraisal Review Services 43345 Christine S. Santolucito, R/W-AC
951-225-3500 x 101
christie@sdgroupinc.com
up to
$149,500
up to
149,500
100
9/15/2021
Christine S. Santolucito 951-225-3500 x 101
President
City of Santa Ana 8%
On Call Property Appraisal Services
Santolucito Doré Group, Inc.X up to $149,500
City Council 17 –77 11/16/2021
951-225-3500 • 31600 Railroad Canyon Road, Suite 100-L • Canyon Lake, CA 92587 • sdgroupinc.com
September 15, 2021
Mr. Kenny Nguyen
Project Manager
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
RE: RFP No. 21-103
Appraisal Lump Sum Billing – 10-K Exception Request
Dear Mr. Nguyen:
The Santolucito Doré Group, Inc. (SD Group) is a small, women-owned, disadvantaged business
enterprise. We offer essentially one type of service – valuation services and typically bill our
services on a lump sum per appraisal basis. As such, we do not have the need for sophisticated
financial management software with cost segregation features as required on Exhibit 10-K,
Consultant Annual Certification of Indirect Costs and Financial Management System.
Implementing such software and practices would be cost prohibitive for us as a small DBE firm
and we cannot certify to something we can’t comply with.
If selected, our work for the City of Santa Ana's on-call contract will be billed on a lump sum per
appraisal basis. It is recommended that our firm is included as a Vendor or Other Direct Cost
(ODC) for any projects associated with the on-call contract. The Caltrans Local Assistance
Procedures Manual allows DBE’s to participate in a number of ways, including being contracted
as a vendor. Please see the attached page from the manual.
Please let me know if you have any questions or need any additional information. We are excited
for the opportunity to work with the City on this project.
Sincerely,
Christine S. Santolucito, R/W-AC
President
City Council 17 –78 11/16/2021
I
Local Assistance Procedures Manual Chapter 9
Civil Rights & Disadvantaged Business Enterprise
and conditions of the contract. The mechanisms may also provide that any delay or
postponement of payment among the parties may take place only for good cause with the
Agency’s prior written approval.
9.7 DBE Participation on the Contract
Participation Opportunities
The local agency should structure its contracts and cost estimates by task to provide
opportunities for DBE participation. Participation by DBEs is possible during the Preliminary
Engineering, Environmental, Final Design, Right of Way, and Construction phases of the
project, and includes work as lead consultants, prime contractors, sub-consultants,
subcontractors, suppliers, vendors and truckers.
DBE Contract Goals
All federal-aid contracts that have subcontracting opportunities must have a DBE goal set. This
includes, but is not limited to: construction, consultant services such as project specific
Architectural & Engineering (A&E), and master on-call A&E contracts. A DBE contract goal is a
percentage of the total contract amount that is expected to be performed by certified DBE firms.
The DBE contract goal will vary depending on the type of work involved, the location of the
work, and the availability of DBEs for the work of the particular contract.
The contract goal may be zero in situations such as extremely limited subcontracting
opportunities, the lack of certified DBEs available in the District for the work to be performed, or
other reasons. The local agency will need to keep documentation in the project file when a zero
percent DBE contract goal is deemed appropriate.
Some contracts, such as Emergency Opening, Sole-source, Nonprofit do not require a DBE
goal. Work performed through Force Account also does not need a DBE goal. In these cases,
there is no contract goal (different from zero percent goal).
Setting the DBE Contract Goal
When setting a DBE goal, the Agency may use contract goals only on those federal-aid
contracts that have subcontracting possibilities. The goal for a specific contract may be higher
or lower than the percentage level of the statewide overall goal, depending on such factors as
the type of work involved, the location of the work, and the availability of DBEs for the work of
the particular contract. However, over the period covered by the State’s overall goal, the Agency
must set contract goals, and these individual contract goals will cumulatively result in meeting
any portion of the state’s overall goal. The actual DBE participation for each of the local
agency’s contracts contributes to the calculation used to determine if the statewide goal has
been met.
Caltrans approval of each contract goal is not necessarily required. However, Caltrans may
review and approve or disapprove any contract goal the Agency establishes. The Agency’s
contract goals must provide for participation by all certified DBEs and must not be subdivided
into group-specific goals.
DBE contract goals are established to encourage more participation of DBEs for federal-aid
transportation contracts. The bullets below provide a summary guidance of how to set the DBE
contract goal. For a detailed set of instructions and a template example, please refer to Exhibit
9-D: DBE Contract Goal Methodology.
Page 21 of 38
January 2021
City Council 17 –79 11/16/2021
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Non-Fed Funding (6.1.2020)
AGREEMENT TO PROVIDE ON-CALL PROPERTY APPRAISAL SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and between
Ellis Group, Inc. dba Integra Realty Resources - Los Angeles (“Consultant”), and the City of Santa
Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California (“City”).
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
property appraisal and services on an as needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-103, which is attached as Exhibit
A, and as more specifically delineated in Consultant’s proposal, which is incorporated by reference
as though set forth fully herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of three (3) consultants selected to provide property appraisal services
on an on-call basis under RFP 21-103. The total compensation for these services
provided by all such consultants selected under RFP 21-103 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within 45 days (forty-five) 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.
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Non-Fed Funding (6.1.2020)
3. TERM
This Agreement shall commence on the date first written above and terminate on November
15, 2024, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for two 1-year period upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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
City Council 17 –81 11/16/2021
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Non-Fed Funding (6.1.2020)
the purposes intended by this Agreement shall be at City’s sole risk.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL Insurance: Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability Insurance: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers’ Compensation Insurance: as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
)
4. Professional Liability (Errors and Omissions) Insurance: appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
City Council 17 –82 11/16/2021
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Non-Fed Funding (6.1.2020)
10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2. Primary Coverage- For any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3. Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-made
basis:
1. The Retroactive Date must be shown and must be before the date of the contract
or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Dat e prior to the contract effective date,
the Consultant must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of contract work.
City Council 17 –83 11/16/2021
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Non-Fed Funding (6.1.2020)
H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. 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.
10. 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
City Council 17 –84 11/16/2021
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Non-Fed Funding (6.1.2020)
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 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.
11. 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.
12. 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.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, o r disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. 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
City Council 17 –85 11/16/2021
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Non-Fed Funding (6.1.2020)
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 is not embodied herein.
15. 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.
16. 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(s) 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any b reach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. 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.
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Non-Fed Funding (6.1.2020)
19. 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. 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:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
City Council 17 –87 11/16/2021
Page 9
To Consultant:
Beth B. Finestone, Managing Director
Integra Realty Resources – Los Angeles
16030 Ventura Boulevard, Suite 620
Encino, CA 91436-4473
With Copy To:
Integra Realty Resources – Los Angeles
16030 Ventura Boulevard, Suite 620
Encino, CA 914364473
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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
Daisy Gomez
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
[Signatures continue on the next page]
Non-Fed Funding (6.1.2020)
Beth B. Finestone
Managing Director
City Council 17 –88 11/16/2021
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Non-Fed Funding (6.1.2020)
RECOMMENDED FOR APPROVAL:
Nabil Saba, PE
Executive Director
Public Works Agency
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EXHIBIT A
SCOPE OF SERVICES
City Council 17 –90 11/16/2021
City of Santa Ana RFP 21-103
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL PROPERTY APPRAISAL SERVICES
RFP NO. 21-103
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On-Call Property Appraisal services on an as-needed or “on-call” basis.
It is the City’s goal to select one or more firms to enter into an agreements with to provide as
needed property appraiser services for capital improvement projects (CIP). The CIP projects
needing these right-of-way services include, but are not limited, to Warner Avenue, Bristol Street,
Fairview Street, and Grand Avenue Street Improvements.
Property Appraisal Services
Maximum Contract
Aggregate Amount
$148,000
From the proposals received, it is the City’s goal to select up to three firms for property appraisal
services for the on-call pool. The City will enter into separate agreements (the “Agreement”) with
each of these firms, with a not-to-exceed aggregate amount shared amongst all. Work will be
assigned by Contract Task Orders. As tasks are identified, they will be distributed among these
firms based upon their ability to perform the required work within the project schedule and budget
constraints. A detailed scope of work and corresponding fee will be outlined when a specific task
is assigned to a consultant. The City reserves the right to distribute the work in any manner which
will best serve the City’s interests.
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
City Council 17 –91 11/16/2021
City of Santa Ana RFP 21-103
Page A1-2
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
PROPERTY APPRAISAL SERVICES
Consultant shall prepare appraisal services that include full and partial acquisition for residential
property; commercial property; industrial property; easements; special use or zoned property; and
review appraisals. Appraisal Services shall be in accordance with federal, state, and local
regulations, policies, procedures and standards. Consultant must make every effort to meet with
the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
Prepare appraisal report in accordance with the State of California Laws and the Uniform
Standards of Professional Appraisal Practice (USPAP)
Research records, inspect the site and communicate with the property owner in
preparation of the appraisal report. This might require multiple attempts for site visit and
inspection
Prepare Real Estate Appraisal reports for full and partial acquisition
Prepare Appraisal Summary Statements to accompany City’s Offer Package
Prepare Valuation of City’s Landscape Setback Easement requirements
Prepare detailed appraisal report necessary for condemnation
Coordinate with Fixtures and Equipment Appraisers
Coordinate with Business Goodwill Appraisers
Communicate with property owners in writing and as required to obtain adequate
information to prepare the report
Prepare all necessary correspondence, letters and reports
Provide effective communication with engineers, planners, attorneys, and City staff
Comply with federal, state and local regulations
City Council 17 –92 11/16/2021
City of Santa Ana RFP 21-103
Page A1-3
Create files and maintain all records
Provide condemnation consultations as necessary
Attend meetings/public hearings and conduct presentations
Provide expert witness testimony as required for condemnation proceedings
Coordinate and review of Phase I and Phase II Environmental Studies
Review appraisal reports prepared by other consultants as required by the City and prepare
review summary
Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and
Caltrans guidelines
Examine all appraisals and corresponding reports
Seek any corrections or revisions deemed appropriate
Prepare Dual Appraisal Report as required for federally funded projects under Caltrans
Guidelines
Real estate appraisers must be certified and a Member of the Appraisal Institute
Sample Fee Proposal
Consultant shall describe the process (methods of appraisal, research, and any other necessary
tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The
proposal will be used for fee comparison and evaluation process. The partial acquisition for
Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within
the acquired area shall be appraised accordingly.
Sample locations for appraisal proposal are the following:
1224 E. Warner Avenue (Cherry Aerospace Park Take)
2246 S. Evergreen Street (Residential Full Take)
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City’s
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
Each invoice must include a Consultant Progress Report that contains tasks and activities
completed and summary of work in the next month period. Certificate of insurance must be
current in order for invoices to be processed.
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
City Council 17 –93 11/16/2021
City of Santa Ana RFP 21-103
Page A1-4
specifically in referred to herein.
Facilitate meeting spaces and coordination with City staff
Access to City facilities
CONSULTANT RESPONSIBILITIES:
Provide all required insurance as outlined in Attachment 2 of this RFP.
Submit renewal of Certificate of Insurance 30 days before expiring.
Ensure Certificate of Insurance is current when submitting invoices.
City Council 17 –94 11/16/2021
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Non-Fed Funding (6.1.2020)
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 17 –95 11/16/2021
Integra Realty Resources
Los Angeles
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 – Fee Proposal
City of Santa Ana
Attn.: Kenny Nguyen, Project Manager
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, California 92701
September 15, 2021
City Council 17 –96 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103
SECTION 3:
FEE PROPOSAL
City Council 17 –97 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 17
3. FEE PROPOSAL
In completing other large, multi-parcel assignments, we have found that the most effective way
to minimize costs is to organize each assignment after gaining an understanding of all of the
work involved. That is, we would carefully consider all of the appraisal assignments to be
completed in the reasonably foreseeable future. By identifying all appraisal assignments to be
completed, we are able to make most efficient use of our time in completing field inspections,
and in cross-referencing factual data contained within the specific appraisal reports. In
simultaneously completing multiple appraisals, we would prepare a matrix identifying all of the
properties along one axis and identifying the various tasks within each appraisal along the other
axis. In this manner, we are able to complete our work in the most efficient manner possible.
By organizing our work in this manner, we have found that appraisal fees (on a per parcel basis)
are frequently 15% to 30% less in a multi-parcel project area than they would be if the appraisal
of each parcel was completed one at a time.
The anticipated pricing schedule for specific types of appraisals (non-eminent domain) is
summarized as follows:
City Council 17 –98 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 18
We will provide firm fixed fee estimates for each assignment or grouping of assignments prior to
the onset of undertaking the assignment. The fixed-fee estimates provided will include all costs
associated with the completion of the appraisals. The City will not be billed for expenses we
incur in the preparation of the appraisal, unless these are approved in writing by the City at the
onset of an assignment. For the purpose of providing supplemental consulting services and
expert testimony, our fully burdened hourly rates will be as follows:
Low High Desk Field
Vacant Land $2,700 $6,000 $1,000 $1,600
SFR $1,800 $3,500 $1,000 $1,600
Duplex-Triplex-Quadriplex $2,500 $4,500 $1,200 $1,800
Small Multifamily (5-9 units) $2,700 $4,500 $1,400 $2,000
Multifamily (10-20 units) $2,700 $5,000 $1,500 $2,500
Multifamily (20+ units) $3,500 $9,000 $1,800 $3,000
Vacant Land $3,000 $10,000 $1,500 $2,000
General $4,000 $8,000 $1,800 $2,500
Complex $7,000+$2,500 $3,500+
Complex $6,000 $15,000 $2,200 $3,000
Religious facilities $5,500 $7,500 $1,500 $3,400
Educational Facilities $5,500 $7,500 $1,500 $3,400
Hospital Facilities
Lodging Facilities $5,500 $10,000 $1,800 $3,400
Parks/Recreation Facilities $4,000 $10,000 $1,500 $2,400
Planned SFR/Subdivisions $6,000 $11,000 $2,200 $3,600
Planned Multifamily $4,000 $8,500 $1,800 $3,400
Planned $5,000 $12,000 $2,200 $3,600
Planned Special Use $6,500 $20,000 $2,400 $3,600
Complex Planned
Developments
Commercial/Industrial
Special Use Properties
To be quoted on an
as-needed basis
Planned Developments
To be quoted on an
as-needed basis
Residential Properties
Typical Costs for Appraisal Services
Summary Report Appraisal Review
Typical Cost Range Median Cost Range
City Council 17 –99 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 19
John G. Ellis, MAI, CRE, FRICS:
(Senior Managing Director)
$400 per hour for appraisal and consulting
$600 per hour for trial preparation and expert
testimony
Beth B. Finestone, MAI, AI-GRS, FRICS,
CRE:
(Managing Director)
$375 per hour for appraisal and consulting
$450 per hour for trial preparation and expert
testimony
J. Richard Donahue, MAI, FRICS:
(Senior Managing Director,
IRR-Orange County)
$375 per hour for appraisal and consulting
$450 per hour for trial preparation and expert
testimony
Robert M. Lea, MAI:
(Director)
$400 per hour for appraisal and consulting
$550 per hour for trial preparation and expert
testimony
Adam M. Bogorad, MAI:
(Senior Director)
$350 per hour for appraisal and consulting
$425 per hour for trial preparation and expert
testimony
Other Directors, Senior Consultants,
and Senior Analysts:
$225 to $325 per hour
Analysts:$130 to $200 per hour
Researchers:$125 per hour
Administrative Staff:
(For supplemental
documentation requests)
$100 per hour
The following Caltrans Exhibits as referenced in Attachment 4 of the RFP are included as part of
our Fee Proposal following this page:
LAPM Exhibit 10-H: Cost Proposal (IRR-Los Angeles)
LAPM Exhibit 10-H: Cost Proposal (IRR-Orange County)
LAPM Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial
Management System (IRR-Los Angeles)
LAPM Exhibit 10-K: Consultant Annual Certification of Indirect Costs and Financial
Management System (IRR-Orange County)
LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment
LAPM Exhibit 10-O2: Consultant Contract DBE Commitment
City Council 17 –100 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 20
Sample Fee Proposal
In addition to the information provided above, you requested that we provide a sample fee
proposal for two properties, 1) 1224 E. Warner Avenue and 2) 2246 S. Evergreen Street. The
following addresses this request.
1. 1224 E. Warner Avenue is the Cherry Aerospace partial acquisition. If awarded this
assignment we would immediately notify the property owner, in writing, of our intent to
appraise their property and invite them to be present at the time of inspection. We
understand that a partial acquisition of 10 feet from the back of the sidewalk is required
from this property. Based on our review of aerial photographs, this is a relatively minor
acquisition in terms of its impact to the property. It appears that the structural
improvements (building) will not be impacted and that pedestrian access to the
property (larger parcel) will still be possible in the after condition. We do not anticipate
any severance damages to the remainder and as such propose to value the property
on a land only basis. That is, we would value the underlying land associated with the
larger parcel in the before condition and would then use the unit value of the land that
is concluded to, to value the part being acquired. We would value the land utilizing the
sales comparison approach.
If one assumes that the 10-foot strip is a fee acquisition, it would be valued at 100% of
the underlying fee value of the land associated with the larger parcel. We would add
the value of any site improvements in the acquisition area to the value of the land being
taken. Based on aerial photographs these improvements appear to include
landscaping, concrete and brick planter walls. For any site improvements that need to
be replaced in the after condition, we will provide compensation based on replacement
cost new. For site improvements that do not need to be replaced in the after condition,
we would provide compensation based on depreciated replacement cost. Please note
that landscaping (trees, plants and shrubs are not depreciated).
We also noted that there is a chain link gate at the east side of the property. While it is
not in the acquisition area, it may need to be moved to the south so as to allow for
proper automobile queuing in the after condition. If this is the case, our appraisal
would include compensation to move or replace the gate.
Our fee to appraise this property, assuming it is the only assignment awarded to us at
the time is $5,000 and our timing would be six weeks. If this assignment is awarded as
part of a larger group of properties that are part of the same project, out fee would
decrease substantially as we could benefit from economies of scale by conducting
multiple appraisals in the immediate area at the same time.
2. 2246 S. Evergreen Street is a single-family residential property that is proposed as a
full acquisition. If awarded this assignment we would immediately notify the property
owner, in writing, of our intent to appraise their property and invite them to be present
at the time of inspection. We would value the property as improved, based on the
sales comparison approach. We would compare the value of the property as improved
to the value of the underlying land and would base our concluded value on whichever
is higher. That is, we would appraise the property to its highest and best use. If a
furniture, fixtures and equipment appraiser is retained, we would coordinate with them
to confirm that there is no double counting of items being acquired.
City Council 17 –101 11/16/2021
Response to Request for Proposals (RFP) for
On-Call Property Appraisal Services
RFP No.: 21-103 21
Our fee to appraise this property, assuming it is the only assignment awarded to us at
the time is $4,000 and our timing would be six weeks. If this assignment is awarded as
part of a larger group of properties that are part of the same project, our fee would
decrease substantially as we could benefit from economies of scale by conducting
multiple appraisals in the immediate area at the same time.
City Council 17 –102 11/16/2021
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Non-Fed Funding (6.1.2020)
AGREEMENT TO PROVIDE ON-CALL PROPERTY APPRAISAL SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and between
Hennessey & Hennessey LLC, a California limited liability company (“Consultant”), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (“City”).
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
property appraisal and services on an as needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-103, which is attached as Exhibit
A, and as more specifically delineated in Consultant’s proposal, which is incorporated by reference
as though set forth fully herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of three (3) consultants selected to provide property appraisal services
on an on-call basis under RFP 21-103. The total compensation for these services
provided by all such consultants selected under RFP 21-103 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within 45 days (forty-five) 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.
City Council 17 –103 11/16/2021
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Non-Fed Funding (6.1.2020)
3. TERM
This Agreement shall commence on the date first written above and terminate on November
15, 2024, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for two 1-year period upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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
City Council 17 –104 11/16/2021
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Non-Fed Funding (6.1.2020)
the purposes intended by this Agreement shall be at City’s sole risk.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL Insurance: Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability Insurance: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers’ Compensation Insurance: as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
)
4. Professional Liability (Errors and Omissions) Insurance: appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or
claim, $2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
City Council 17 –105 11/16/2021
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Non-Fed Funding (6.1.2020)
10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2. Primary Coverage- For any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3. Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-made
basis:
1. The Retroactive Date must be shown and must be before the date of the contract
or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date,
the Consultant must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of contract work.
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Non-Fed Funding (6.1.2020)
H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. 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.
10. 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
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Non-Fed Funding (6.1.2020)
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 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.
11. 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.
12. 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.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, o r disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
14. 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
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Non-Fed Funding (6.1.2020)
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 is not embodied herein.
15. 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.
16. 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(s) 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any b reach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. 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.
City Council 17 –109 11/16/2021
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Non-Fed Funding (6.1.2020)
19. 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. 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:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
City Council 17 –110 11/16/2021
City Council 17 – 11111/16/2021
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Non-Fed Funding (6.1.2020)
EXHIBIT A
SCOPE OF SERVICES
City Council 17 –112 11/16/2021
City of Santa Ana RFP 21-103
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL PROPERTY APPRAISAL SERVICES
RFP NO. 21-103
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On-Call Property Appraisal services on an as-needed or “on-call” basis.
It is the City’s goal to select one or more firms to enter into an agreements with to provide as
needed property appraiser services for capital improvement projects (CIP). The CIP projects
needing these right-of-way services include, but are not limited, to Warner Avenue, Bristol Street,
Fairview Street, and Grand Avenue Street Improvements.
Property Appraisal Services
Maximum Contract
Aggregate Amount
$148,000
From the proposals received, it is the City’s goal to select up to three firms for property appraisal
services for the on-call pool. The City will enter into separate agreements (the “Agreement”) with
each of these firms, with a not-to-exceed aggregate amount shared amongst all. Work will be
assigned by Contract Task Orders. As tasks are identified, they will be distributed among these
firms based upon their ability to perform the required work within the project schedule and budget
constraints. A detailed scope of work and corresponding fee will be outlined when a specific task
is assigned to a consultant. The City reserves the right to distribute the work in any manner which
will best serve the City’s interests.
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
City Council 17 –113 11/16/2021
City of Santa Ana RFP 21-103
Page A1-2
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
City Council 17 –114 11/16/2021
City of Santa Ana RFP 21-103
Page A1-3
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
PROPERTY APPRAISAL SERVICES
Consultant shall prepare appraisal services that include full and partial acquisition for residential
property; commercial property; industrial property; easements; special use or zoned property; and
review appraisals. Appraisal Services shall be in accordance with federal, state, and local
regulations, policies, procedures and standards. Consultant must make every effort to meet with
the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
Prepare appraisal report in accordance with the State of California Laws and the Uniform
Standards of Professional Appraisal Practice (USPAP)
Research records, inspect the site and communicate with the property owner in
preparation of the appraisal report. This might require multiple attempts for site visit and
inspection
Prepare Real Estate Appraisal reports for full and partial acquisition
Prepare Appraisal Summary Statements to accompany City’s Offer Package
Prepare Valuation of City’s Landscape Setback Easement requirements
Prepare detailed appraisal report necessary for condemnation
Coordinate with Fixtures and Equipment Appraisers
Coordinate with Business Goodwill Appraisers
Communicate with property owners in writing and as required to obtain adequate
City Council 17 –115 11/16/2021
City of Santa Ana RFP 21-103
Page A1-4
information to prepare the report
Prepare all necessary correspondence, letters and reports
Provide effective communication with engineers, planners, attorneys, and City staff
Comply with federal, state and local regulations
Create files and maintain all records
Provide condemnation consultations as necessary
Attend meetings/public hearings and conduct presentations
Provide expert witness testimony as required for condemnation proceedings
Coordinate and review of Phase I and Phase II Environmental Studies
Review appraisal reports prepared by other consultants as required by the City and prepare
review summary
Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and
Caltrans guidelines
Examine all appraisals and corresponding reports
Seek any corrections or revisions deemed appropriate
Prepare Dual Appraisal Report as required for federally funded projects under Caltrans
Guidelines
Real estate appraisers must be certified and a Member of the Appraisal Institute
Sample Fee Proposal
Consultant shall describe the process (methods of appraisal, research, and any other necessary
tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The
proposal will be used for fee comparison and evaluation process. The partial acquisition for
Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within
the acquired area shall be appraised accordingly.
Sample locations for appraisal proposal are the following:
1224 E. Warner Avenue (Cherry Aerospace Park Take)
2246 S. Evergreen Street (Residential Full Take)
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City’s
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
Each invoice must include a Consultant Progress Report that contains tasks and activities
completed and summary of work in the next month period. Certificate of insurance must be
current in order for invoices to be processed.
City Council 17 –116 11/16/2021
City of Santa Ana RFP 21-103
Page A1-5
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
Facilitate meeting spaces and coordination with City staff
Access to City facilities
CONSULTANT RESPONSIBILITIES:
Provide all required insurance as outlined in Attachment 2 of this RFP.
Submit renewal of Certificate of Insurance 30 days before expiring.
Ensure Certificate of Insurance is current when submitting invoices.
SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall
therefore comply with all state and federal requirements. The below referenced forms included in
Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and
submitted with your proposal:
LAPM Exhibit 10-H: Sample Cost Proposal
LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment
LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee
Proposal hard copy package)
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these
forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf
COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:
This agreement may be funded with state and/or federal grant funds administered by Caltrans.
Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to
Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2
for On-Call Contracts) in the Appendix of this RFP.
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:
The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE
participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information
included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 –
Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s
DBE goal.
CONSULTANT AUDIT AND REVIEW PROCESS:
City Council 17 –117 11/16/2021
City of Santa Ana RFP 21-103
Page A1-6
The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of
Indirect Costs and Financial Management System for all prime and sub-consultants in the
Appendix of this RFP.
To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms
City Council 17 –118 11/16/2021
Proposal for RFP No. 21-103
On-Call Property Appraisal
Services
City of Santa Ana
Attn: Mr. Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, California 92701
September 10, 2021
Fee Proposal
Original
City Council 17 –119 11/16/2021
Fee Proposal
1. Hourly Fee Schedule
Employee/Subcontractor Services and Hourly Rate Schedule
Name
Job Title/
Classification Job Function
Fully Burdened
Hourly Rate*
Sharon A. Hennessey Senior appraiser Real estate appraisal $265
Court testimony $350
Susan D. Taylor Associate Appraisal assistant $130
Joseph S. Montano Associate Appraisal assistant $100
Subconsultants
Document All Stars Project support Document preparation $75
Geri Easley Senior appraiser Real estate appraisal $265
Court testimony $350
2. Table Outlining Tasks and Team Efforts
Hennessey & Hennessey utilizes its permanent staff and selected subcontractors on an as-needed
basis to ensure that adequate labor resources are available to complete all contract task orders on
a timely basis.
The following table illustrates a typical labor-hour allocation for a hypothetical assignment, the full
take of a commercially improved property.
Task
Hours to Complete Tasks
Sharon A.
Hennessey
Joseph S.
Montano
Susan D.
Taylor
Document
All Stars
Gather information on subject (e.g., physical
characteristics, zoning, general plan, taxes,
flood zone)
--1.00 ----
Inspect subject neighborhood 0.50 0.50 ----
Inspect and photograph subject property 1.50 1.50 ----
Conduct comparable sales search --6.00 ----
Conduct rental survey ----4.00 --
View comparable sales and rentals in field 6.00 6.00 ----
Verify sales ----3.00 --
Analyze valuation and write report 12.00 --2.00 --
Type and prepare report ------4.00
Prepare exhibits --2.00 ----
Review, edit, refine document 2.00 --3.00 --
Prepare final document --1.00 --1.00
Total 22.00 18.00 12.00 5.00
Proposal for On-Call Property Appraisal Services 1
RFP No. 21-103, City of Santa AnaCityCouncil 17 –120 11/16/2021
3. Project Fee Schedule
Process for Completing Appraisal Assignment for Addresses
a. Define the appraisal problem, which includes identifying the real estate and real property
rights to be valued, the date of value, the date of the report, the intended uses and users
of the appraisal, the definition of fair market value, and other assumptions and limiting
conditions.
b. Send by mail, in compliance with the statutory requirement, a letter to each property
owner offering the opportunity to accompany the appraiser during a property inspection.
This notice and all contacts with the property owner will be recorded in a parcel diary.
c. For the partial acquisition assignments, contact the City of Santa Ana’s representative to
request that surveyors stake or mark the right of way lines on the subject properties for
clarity, prior to the inspection.
d. Conduct the on-site inspections of the subject properties. Photograph, measure, and
itemize the improvements. For the partial acquisition, itemize the improvements within
the part taken.
e. Conduct a field investigation of the subject properties' environs, including gathering data
on the region, city, and neighborhood from governmental agencies, real estate
agencies, city historical documents, planning and zoning documents from the
appropriate city, information from county and city taxing authorities, and other published
sources. The subject data is gathered in order to analyze the pertinent trends and
constraints that could affect the value of the properties.
f. Analyze the highest and best use of each of the subject properties as though vacant and
available for development and as improved (if appraised as improved) as defined in the
appraisal.
g. Search for and analyze relevant, comparable data. Confirm factual information regarding
each sale with the County Assessor’s records, the appropriate city's Planning
Department, and other data sources. Confirm the sale with buyers, sellers, or brokers,
when possible.
h. Use the above information in the application of the approach to value. In the case of the
single-family residence, the Sales Comparison Approach will be used. For the partial
taking, the Sales Comparison Approach would be used to appraise the underlying land.
A Modified Cost Approach is used to value the site improvements.
I. Estimate and analyze the fair market value of the full acquisition and the partial
acquisition. For the partial acquisition, specifically analyze the parts to be taken and any
damage and/or benefits that may accrue to the remainders by reason of the takes and
the construction of the project in the manner proposed.
j. Prepare an Appraisal Report in conformance with the Uniform Standards of Professional
Appraisal Practice (USPAP), the Caltrans Right of Way Manual - Chapter 7, Appraisals
(when applicable), State and Federal Uniform Relocation Assistance and Real Property
Acquisition Policies Acts, applicable eminent domain law, state-approved appraisal
requirements, and in some cases Uniform Appraisal Standards for Federal Land
Acquisitions.
k. Provide one draft appraisal report to the review appraiser, if required. Upon approval of
the draft report, provide one original of the final appraisal report and one electronic copy
Proposal for On-Call Property Appraisal Services 2
RFP No. 21-103, City of Santa AnaCityCouncil 17 –121 11/16/2021
to the City of Santa Ana. Prepare the Appraisal Summary Statement to accompany the
City’s offer package.
All of the above activities in the Approach to Scope of Work will be performed by Sharon A.
Hennessey, Susan D. Taylor, or Joseph S. Montano. Subcontractors will be utilized as
necessary.
The fee for appraising the sample properties is as follows:
• 1224 E. Warner Avenue $4,500
This fee assumes that only the underlying land and site improvements are to be
appraised. No mitigation/cost-co-cure measures are required. No severance damages.
• 2246 S. Evergreen Street $2,850
Proposal for On-Call Property Appraisal Services 3
RFP No. 21-103, City of Santa AnaCityCouncil 17 –122 11/16/2021
Page 1
Non-Fed Funding (6.1.2020)
AGREEMENT TO PROVIDE ON-CALL PROPERTY APPRAISAL SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and between
Santolucito Dore Group Inc., a California corporation (“Consultant”), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (“City”).
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
property appraisal and services on an as needed basis.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-103, which is attached as Exhibit
A, and as more specifically delineated in Consultant’s proposal, which is incorporated by reference
as though fully set forth herein.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of three (3) consultants selected to provide property appraisal services
on an on-call basis under RFP 21-103. The total compensation for these services
provided by all such consultants selected under RFP 21-103 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within 45 days (forty-five) 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.
City Council 17 –123 11/16/2021
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Non-Fed Funding (6.1.2020)
3. TERM
This Agreement shall commence on the date first written above and terminate on November
15, 2024, unless terminated earlier in accordance with Section 17, below. The term of this
Agreement may be extended for two 1-year period upon a writing executed by the City Manager
and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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
City Council 17 –124 11/16/2021
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Non-Fed Funding (6.1.2020)
the purposes intended by this Agreement shall be at City’s sole risk.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL Insurance: Insurance Services Office
Form CG 00 01 covering CGL on an “occurrence” basis, including products
and completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability Insurance: Insurance Services Office Form Number CA
0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage.
3. Workers’ Compensation Insurance: as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance: appropriates to the
Consultant’s profession, with limit no less than $1,000,000 per occurrence or
claim, $2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1. Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
City Council 17 –125 11/16/2021
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Non-Fed Funding (6.1.2020)
10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2. Primary Coverage- For any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3. Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4. Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-made
basis:
1. The Retroactive Date must be shown and must be before the date of the contract
or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a Retroactive Date prior to the contract effective date,
the Consultant must purchase “extended reporting” coverage for a minimum of
five (5) years after completion of contract work.
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H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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
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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 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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
13. 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
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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 is 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(s) 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. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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.
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18. 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 herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
20. 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:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
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Non-Fed Funding (6.1.2020)
To Consultant:
Christine S. Santolucito
President
Santolucito Dore Group Inc.
31600 Railroad Canyon Road, Suite 100-L
Canyon Lake, CA 92587
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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Christine S. Santolucito
President
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EXHIBIT A
SCOPE OF SERVICES
City Council 17 –132 11/16/2021
City of Santa Ana RFP 21-103
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL PROPERTY APPRAISAL SERVICES
RFP NO. 21-103
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to
provide On-Call Property Appraisal services on an as-needed or “on-call” basis.
It is the City’s goal to select one or more firms to enter into an agreements with to provide as
needed property appraiser services for capital improvement projects (CIP). The CIP projects
needing these right-of-way services include, but are not limited, to Warner Avenue, Bristol Street,
Fairview Street, and Grand Avenue Street Improvements.
Property Appraisal Services
Maximum Contract
Aggregate Amount
$148,000
From the proposals received, it is the City’s goal to select up to three firms for property appraisal
services for the on-call pool. The City will enter into separate agreements (the “Agreement”) with
each of these firms, with a not-to-exceed aggregate amount shared amongst all. Work will be
assigned by Contract Task Orders. As tasks are identified, they will be distributed among these
firms based upon their ability to perform the required work within the project schedule and budget
constraints. A detailed scope of work and corresponding fee will be outlined when a specific task
is assigned to a consultant. The City reserves the right to distribute the work in any manner which
will best serve the City’s interests.
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
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City of Santa Ana RFP 21-103
Page A1-2
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
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Page A1-3
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
PROPERTY APPRAISAL SERVICES
Consultant shall prepare appraisal services that include full and partial acquisition for residential
property; commercial property; industrial property; easements; special use or zoned property; and
review appraisals. Appraisal Services shall be in accordance with federal, state, and local
regulations, policies, procedures and standards. Consultant must make every effort to meet with
the property owner prior to preparation of the report.
Appraiser shall perform the following tasks:
Prepare appraisal report in accordance with the State of California Laws and the Uniform
Standards of Professional Appraisal Practice (USPAP)
Research records, inspect the site and communicate with the property owner in
preparation of the appraisal report. This might require multiple attempts for site visit and
inspection
Prepare Real Estate Appraisal reports for full and partial acquisition
Prepare Appraisal Summary Statements to accompany City’s Offer Package
Prepare Valuation of City’s Landscape Setback Easement requirements
Prepare detailed appraisal report necessary for condemnation
Coordinate with Fixtures and Equipment Appraisers
Coordinate with Business Goodwill Appraisers
Communicate with property owners in writing and as required to obtain adequate
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Page A1-4
information to prepare the report
Prepare all necessary correspondence, letters and reports
Provide effective communication with engineers, planners, attorneys, and City staff
Comply with federal, state and local regulations
Create files and maintain all records
Provide condemnation consultations as necessary
Attend meetings/public hearings and conduct presentations
Provide expert witness testimony as required for condemnation proceedings
Coordinate and review of Phase I and Phase II Environmental Studies
Review appraisal reports prepared by other consultants as required by the City and prepare
review summary
Prepare Review Appraisal Reports (Required For Federally Funded Projects)
Coordinate, direct and obtain Review Appraisals in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and
Caltrans guidelines
Examine all appraisals and corresponding reports
Seek any corrections or revisions deemed appropriate
Prepare Dual Appraisal Report as required for federally funded projects under Caltrans
Guidelines
Real estate appraisers must be certified and a Member of the Appraisal Institute
Sample Fee Proposal
Consultant shall describe the process (methods of appraisal, research, and any other necessary
tasks) and provide the proposal fee breakdown to appraise the below sample addresses. The
proposal will be used for fee comparison and evaluation process. The partial acquisition for
Cherry Aerospace shall be 10 feet from the back of sidewalk and all existing improvements within
the acquired area shall be appraised accordingly.
Sample locations for appraisal proposal are the following:
1224 E. Warner Avenue (Cherry Aerospace Park Take)
2246 S. Evergreen Street (Residential Full Take)
PAYMENT AND INVOICING:
Selected Consultant shall invoice the City based on time and material according to the City’s
standard invoice template. Tasks and hours shall be clearly identified and all rates must match
those included in the approved agreement. City shall retain ten percent (10%) of the invoice
amount from each payment until the completed Project has been accepted by the City.
Each invoice must include a Consultant Progress Report that contains tasks and activities
completed and summary of work in the next month period. Certificate of insurance must be
current in order for invoices to be processed.
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City of Santa Ana RFP 21-103
Page A1-5
CITY RESPONSIBILITIES:
The City will provide information in its possession relevant to the preparation of the required
information in the RFP. The City will provide only the staff assistance and the documentation
specifically in referred to herein.
Facilitate meeting spaces and coordination with City staff
Access to City facilities
CONSULTANT RESPONSIBILITIES:
Provide all required insurance as outlined in Attachment 2 of this RFP.
Submit renewal of Certificate of Insurance 30 days before expiring.
Ensure Certificate of Insurance is current when submitting invoices.
SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall
therefore comply with all state and federal requirements. The below referenced forms included in
Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and
submitted with your proposal:
LAPM Exhibit 10-H: Sample Cost Proposal
LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment
LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee
Proposal hard copy package)
Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter
10, for further instructions and guidelines pertaining to the completion of these
forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf
COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:
This agreement may be funded with state and/or federal grant funds administered by Caltrans.
Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to
Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2
for On-Call Contracts) in the Appendix of this RFP.
DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:
The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE
participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information
included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 –
Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s
DBE goal.
CONSULTANT AUDIT AND REVIEW PROCESS:
City Council 17 –137 11/16/2021
City of Santa Ana RFP 21-103
Page A1-6
The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of
Indirect Costs and Financial Management System for all prime and sub-consultants in the
Appendix of this RFP.
To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms
City Council 17 –138 11/16/2021
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Non-Fed Funding (6.1.2020)
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 17 –139 11/16/2021
FEE
PROPOSAL
PREPARED FOR:
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza
Ross Annex
Santa Ana, CA 92701
PREPARED BY:
Santolucito Doré Group, Inc.
31600 Railroad Canyon Road
Suite 100-L
Canyon Lake, CA 92587
PROPOSAL FOR ON-CALL PROPERTY APPRAISAL SERVICES
September 15, 2021 • 4:00 pm
City Council 17 –140 11/16/2021
3. FEE PROPOSAL
City Council 17 –141 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 1
FEE PROPOSAL
Appraisals are typically bid on a lump sum per subject property basis, depending on the type of
property and complexity of the appraisal problem. Other types of appraisal services are typically
billed on an hourly rate basis. SD Group’s fee for the appraisals of the sample properties
referenced in the RFP and our hourly rates for any additional services requested are provided
below. Our method of appraisal, research, applicable tasks, and proposed schedule are included
in the body of the technical proposal and included following our fee proposal as well. All appraisal
and appraisal review reports will be prepared in narrative format to be utilized for condemnation
purposes. They will comply with USPAP, the Caltrans Right of Way Manual, the Uniform Act, and
California Eminent Domain law.
REAL ESTATE APPRAISAL REPORT FEES
• Appraisal of 1224 East Warner Avenue (Cherry Aerospace Park Partial Acquisition)
o M1 Light Industrial property, 15.45-acre site, approximate 270,000 square foot
building (the building size was not provided on public records and was taken from
Google Earth measurements for this proposal)
o The acquisition of 10 feet from the back of sidewalk does not appear that it would
impact the building improvements, any business operations, or parking
o It appears a land only appraisal with compensation for site improvements
(including, but not limited to: grass, bushes, several trees, a flagpole, and brick
planter, as well as a monument sign that may need to be acquired, then relocated
further back on the site)
o An analysis of the value of the whole after acquisition will be made to determine if
damages exist due to the partial acquisition
o The fee for this type of appraisal would be approximately $4,000 for one appraisal
with a turn around time of 45-60 days, from notice to proceed and receipt of all
pertinent project and parcel information including the preliminary title report and
any other necessary documents (provided by the City), with discounts given when
receiving multiple parcels/appraisals of similar property types
• Appraisal of 2246 South Evergreen Street (Residential Full Acquisition)
o R1 Single Family Residential property, 7,835 square foot site, 931 square foot
residence, built in 1952
o The acquisition of the entire property in full fee
o The fee for this type of appraisal would be approximately $2,500 for one appraisal
with a turn-around time of 30-45 days, from notice to proceed and receipt of all
pertinent project and parcel information including the preliminary title report and
any other necessary documents (provided by the City), with discounts given when
receiving multiple parcels/appraisals of similar property types
HOURLY RATES
• Principal - $250-350 per hour for valuation and consultation
• Principal - $350-$450 per hour for litigation support/depositions/court appearances
• Senior - $150 per hour for valuation and consultation
• Administrative/Research - $75-$100 per hour for valuation support
City Council 17 –142 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 2
Our fees for the written narrative appraisal reports include site inspections with each property
owner and meetings at the City, as required. We will provide condemnation support, as
necessary, billed on an hourly basis. Draft electronic versions of the appraisal reports will be
delivered for review and final electronic and hard copies, when requested, will be delivered to the
client upon approval from the review appraiser. There are no additional document or historical
retrieval costs anticipated. Travel and material costs are included in our total fee for this
assignment.
City Council 17 –143 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 3
UNDERSTANDING OF NEED AND
PROPOSED METHOD TO ACCOMPLISH WORK
SD Group looks forward to tailoring specific processes to comply with the City’s policies,
procedures, and preferences. SD Group prides itself on its ability to complete complex projects
on schedule and within budget. Christie and Lance have years of experience coordinating with
various agencies and will strategize and coordinate each project thoroughly from the beginning
to deliver high quality outstanding appraisal services. Christie and Lance will work closely with
the City’s Project Managers and staff to discover ways to provide assistance, offer
recommendations whenever challenges are presented, and will seek feedback pertaining to
progress and satisfaction with SD Group’s performance.
Appraisal is unique to each property and all recognized appraisal methodologies are completed
with the highest level of quality. The following section describes our general work plan for
completing the various appraisal and appraisal review assignments.
APPRAISAL
The purpose of an appraisal report is to produce a document that can be used by the City in
negotiations for acquisition or disposition of property. The typical scope of work for an appraisal
includes, but is not necessarily limited to, the following steps:
Detailed Inspection of the Property
The acquisition process begins when the appraiser sends out the Notice of Intent to Appraise
letters to impacted property owners (for acquisitions). The appraiser will invite the property
owner to be present for the onsite inspection. Additionally, City staff, other consultants/experts
involved in the project, and, if applicable, the acquisition agent, are encouraged to attend the
inspection as well. A complete understanding of the larger parcel, the subject property and
overall impacts are a critical step in the appraisal process.
Complete Highest and Best Use Analysis
The cornerstone of the appraisal process is a detailed highest and best use of the property as
vacant and as improved, which will be performed to isolate any valuation issues that arise
after a detailed analysis of the legal, physical, and financial aspects of the property. This is
the essential basis for the valuation analysis and ultimately the just compensation. The last
critical stage is to determine the highest and best use of the remainder. Issues that may arise
from this final test is uneconomic remainders, determination of underlying fees, or additional
considerations for partial acquisitions and easements. This ultimately determines factors that
may result in severance damages.
Research Market Data of the Neighborhood, Subject Property, and Comparable Sales
After the determination of the highest and best use, the comparables are selected with similar
highest and best uses. When identifying sales of comparable properties, market research will
include discussions with appropriate real estate professionals and governmental agencies. All
sales data utilized in an appraisal report will be confirmed with a party to those transactions,
whenever possible. Details of the comparables are presented to fully disclose all issues for
adjustments applicable to the valuation of the subject.
City Council 17 –144 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 4
Write a Narrative Appraisal Report
The type of appraisal report utilized will be determined on a parcel-by-parcel basis. This
determination will be made after analyzing the particular assignment and interests to be
acquired, i.e., fee, easement, etc. A narrative appraisal report is typically used for public
agency/eminent domain purposes. The appraiser may also be required to complete an
Appraisal Summary Statement at the request of the City. Typical steps in the appraisal
process are listed below:
• Identify the larger parcel and the appraisal problem;
• Obtain and review legals, plats, title reports, environmental reports, and other
documents (provided by the City);
• Send out Notice of Intent to Appraise letter;
• Gather market data;
• Perform property inspection;
• Meet with project designer and others to address property impacts;
• Perform a detailed highest and best use analysis;
• Analyze and inspect comparables;
• Valuation via the three approaches to value (sales, cost, income), as applicable for the
property type;
• Coordinate with Fixtures and Equipment Appraisers and Business Goodwill Appraisers;
• Reconcile approaches to value;
• Valuation of the part(s) acquired and improvements located within the acquisition area;
• Valuation of the remainder after acquisition;
• Assess and value potential damages and project benefits;
• Prepare written appraisal report;
• Work with the Review Appraiser;
• Prepare the Appraisal Summary Statement; and
• Deliver the completed appraisal report.
After the delivery of the appraisal any review comments will be addressed, and when required,
the report will be corrected or expanded to ensure the most reliable document for public
scrutiny.
APPRAISAL REVIEW
Appraisers are required to comply with the Uniform Standards of Professional Appraisal Practice
(USPAP) when performing appraisals and appraisal reviews. As such, the review appraiser is
required to address a number of specific items pertaining to the report under review including the
completeness of the report, adequacy and relevance of the data, propriety of the adjustments,
form an opinion as to the appropriateness of the appraisal methods and techniques used to
complete the appraisal, form an opinion as to whether or not the analyses, opinions, and
conclusions are appropriate and reasonable or develop reasons for the disagreements, if any. In
addition to USPAP, eminent domain projects with federal and state funding require compliance
with various additional regulations and guidelines.
The scope of work for an appraisal review typically includes the following steps:
• Identify the appraiser(s) that conducted the appraisal;
• Become familiar with the subject property and review legals, plats, title reports,
environmental reports, and other documents;
City Council 17 –145 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 5
• Become familiar with the subject neighborhood and the comparable properties used in
the various analyses;
• Check all mathematical calculations made by the appraiser(s);
• Cross-reference narrative descriptions within the report with photographs, maps, and
other exhibits (when included in the work under review);
• Review the weighting assigned to the approaches to value used in the appraisal;
• Determine if accepted appraisal principles, techniques, and standards were followed in
arriving at property value in accordance with USPAP, California law, and Caltrans,
FHWA, and FTA regulations, when applicable;
• Ensure that the appraiser(s) did not overlook any feature that would materially affect the
property value;
• Develop an opinion as to the completeness of the material under review, given the
review appraiser’s scope of work;
• Develop an opinion as to the apparent adequacy and relevance of the data and the
propriety of any adjustments to the data, given the review appraiser’s scope of work;
• Develop an opinion as to appropriateness of the appraisal methods and techniques
used, given the review appraiser’s scope of work, and developed reasons for any
disagreement;
• Develop an opinion as to whether the analyses, opinions, and conclusions are
appropriate and reasonable, and developed the reasons for any disagreement; and
• Form an opinion as to whether the appraisal can be used to establish fair market value
for the subject larger parcel and make a recommendation as to whether the appraisers’
estimate of fair market value should be used as just compensation for the proposed
acquisition.
• Work with the appraiser whose work is under review to address any areas of concern
within the appraisal.
• Prepare and deliver the written appraisal review report.
SD Group has the availability to deliver appraisal services to the City on an on-call basis. We
have a history of delivering on time and within budget.
City Council 17 –146 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 6
SCOPE OF SERVICES AND SCHEDULE
SD Group has the availability to deliver appraisals and appraisal reviews to the City in a timely
manner. Appraisal assignments are typically completed within 45 to 60 days after notice to
proceed (NTP) and receipt of all pertinent project and parcel information. Reviews are typically
completed within 7 to 10 days. The steps necessary to complete and appraisal and appraisal
review were previously provided in the Understanding of Need and Proposed Method to
Accomplish Work section. Our proposed schedule for a typical right of way appraisal is as follows:
• Day 1 – NTP and receipt of Preliminary Title Reports (PTR) and other relevant documents;
• Day 2 – Send out Notice of Decision to Appraise (NODA) letters;
• Days 3-23 – Research subject properties (parcel size, existing land use/zoning, other
pertinent factors), identify the appraisal problem, review PTRs and other
reports/documents, research neighborhood and market data, perform detailed highest and
best use analyses, and select, analyze, and verify comparables;
• Days 23-25 – Property inspections and comparables inspections;
• Days 26-40 – Valuations via applicable approaches (sales, cost, income);
• Day 41 – Reconcile the approaches used;
• Days 41-45 – Type the narrative appraisal reports; and
• Days 45-60 – Deliver the draft appraisal reports.
We understand the description and scope of work outlined in the RFP Attachment 1, under
Property Appraisal Services, and will meet all requirements. All work will be under the oversight
of Christie, the Project Manager for this contract. Additionally, Lance will review and sign all
reports requiring an MAI signature. We have Quality Assurance/Quality Control (QA/QC) plan in
place for each assignment that is tailored to the specific needs of each client and project.
APPRAISAL METHODOLOGY AND PROCESS
Property will be appraised via one or more of the three traditional approaches to value (cost, sales,
and income capitalization), depending on the highest and best use and the quality and quantity of
data available for analysis.
The cost approach is a breakdown of property into land and building components. It assumes that
an informed buyer would pay no more for a property than the cost of acquiring land and reproducing
improvements of similar utility, less the amount of any depreciation. This approach is most
applicable when improvements are relatively new and represent the highest and best use of the
land, or in the case of special-use properties, for which there are few comparable sales.
The sales comparison approach is the comparison of similar properties, that recently sold or are
currently listed for sale, to the subject property. It assumes that an informed buyer would pay no
more for a property than the cost of acquiring a substitute property of similar utility and desirability.
This approach is most applicable when there are sufficient recent and reliable transactions of similar
properties. It is most often relied upon in the valuation of owner-user properties.
The income capitalization approach reflects the present value of the future benefits of property
ownership. It converts a property’s net operating income into a lump-sum value via capitalization.
The two methods of income capitalization are direct capitalization and yield capitalization (via a
discounted cash flow analysis), with one or both applied, as applicable to the property being
appraised. This approach is most applicable for income-producing properties.
City Council 17 –147 11/16/2021
City of Santa Ana, Public Works Agency– Fee Proposal for On-Call Property Appraisal Services 7
Reconciliation of the appropriate approaches to value is the final analytical step in the valuation
process. The relative dependability and applicability of each approach to value is each is evaluated
to derive a value conclusion for the subject property.
RESOURCES TO BE UTILIZED
SD Group has the latest in-house hardware (laptops, monitors, printers, scanners) and software
(Narrative1, Microsoft Office Suite, Adobe Acrobat Pro, Google Earth Pro, DeLorme), as well as
subscriptions to professional market data (RealQuest, NiteOwl Pro, MLS, CoStar, LoopNet) for
searching property information, records, deeds, and sale/rent comparables. We keep primarily
electronic files stored on a server that is backed up regularly. We have an extensive database of
market data, trends, and comparable data from previous projects to pull from, when relevant to
the current appraisal assignment. We are fully equipped to handle the City’s appraisal
assignment.
City Council 17 –148 11/16/2021
City of Santa Ana RFP 21-075
Page A4-1
Appendix
ATTACHMENT 4
CALTRANS ATTACHMENTS
Please see below.
City Council 17 –149 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2 Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant _________________ _ D Prime Consultant D Subconsultant D 2nd Tier Subconsultant
Project No. _________ _ Contract No. --------Participation Amount $ ________ _ Date ----
For Combined Rate
Fringe Benefit% +General &Administrative%= Combined ICR%
OR
For Home Office Rate
Fringe Benefit % +General &Administrative%= Home Office ICR%
For Field Office Rate
Frinqe Benefit % +General &Administrative%= Field Office ICR%
= Fee %
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Hourly Billing Rates2
Str aight 3 OT(1.5x) OT(2x) Effective Date of Hourly Rate From To Actual or Avg. Hourly Rate4 % or$ Increase Hourly Range -for Classifications Only
John Doe -Project Manager* Civil Engineer II $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
01/01/2016 01/01/2017 01/01/2018
12/31/2016 12/31/2017 12/31/2018
$0.00 $0.00 $0.00 0.0% 0.0%
Not Applicable
Sue Jones-Construction Engineeri1nspector Engineer I
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
01/01/2016 01/01/2017 01/01/2018
12/31/2016 12/31/2017 12/31/2018
$0.00 $0.00 $0.00 0.0% 0.0%
Not Applicable
Buddy Black -Claims Engineer Engineer Ill
Land Surveyor **
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
01/01/2016 01/01/2017 01/01/2018
01/01/2016 01/01/2017 01/01/2018
12/31/2016 12/31/2017 12/31/2018
12/31/2016 12/31/2017 12/31/2018
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
0.0% 0.0%
0.0% 0.0%
Not Applicable
$00-$00 $00-$00 $00-$00
Technician $0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
01/01/2016 01/01/2017 01/01/2018
12/31/2016 12/31/2017 12/31/2018
$0.00 $0.00 $0.00 0.0% 0.0%
$00-$00 $00-$00 $00-$00
(Add pages as necessary)
Page 4 of 9 January 2020
Santolucito Dore Group, Inc.X
TBD TBD 9/15/2021$6,500
N/A
N/A
N/A
N/A
City Council 17 –150 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
NOTES:
1.Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs
must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.3.Billing rate= actual hourly rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting
period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.4.For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
EXHIBIT 10-H2 COST PROPOSAL Page2ot3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant __________________ _ □Prime Consultant □Subconsultant
Project No. __________ _ Contract No. -----------Date ________ _
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary)
Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
Subconsultant 5:
Note: Add additional pages if necessary.
NOTES:
1.List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2.Proposed ODC items should be consistently billed regardless of client and contract type.
3.Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4.Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5.Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost
6.Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
Page 5 of 9
January 2020
Santolucito Dore Group, Inc. X
TBD TBD 9/15/2021
Sample Property Appraisal - 1224 E. Warner Ave.1 1 $4,000 $4,000
Sample Property Appraisal - 2246 S. Evergreen St.1 1 $2,500 $2,500
TOTAL $6,500
City Council 17 –151 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
7.If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed
should be supported by mileage logs.
8.If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not
own any vehicles that could be used for the same purpose.9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10.Add additional pages if necessary.11.Subconsultants must provide their own cost proposals.
Page 6 of 9
January 2020
City Council 17 –152 11/16/2021
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the
cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in
accordance with the contract terms and the following requirements:
7.Generally Accepted Accounting Principles (GAAP)
8.Terms and conditions of the contract
9.Title 23 United States Code Section 112 -Letting of Contracts
10.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures
11.23 Code of Federal Regulations Part 172 -Procurement, Management, and
Administration of Engineering and Design Related Service
12 .48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when
applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must
be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are nonc ompliant with the federal and state requirements are not eligible for reimbursement.
Prime Consultant or Subconsultant Certifying:
Name: ______________ _ Title*: ______________ _
Signature�:Date of Certification (mm/dd/yyyy):
Email: ______________ _ Phone Number: ___________ _
Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at
a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has
authority to represent the financial information utilized to establish the cost proposal for the
contract.
List services the consultant is providing under the proposed contract:
Page 7 of 9
January 2020
Christine S. Santolucito President
christie@sdgroupinc.com
9/15/2021
951-225-3500 x 101
31600 Railroad Canyon Road, Suite 100-L, Canyon Lake, CA 92587
Property Appraisal and Appraisal Review Services
*If selected, our work for the City of Santa Ana's on-call contract will be billed on a lump sum per
appraisal basis. It is recommended that our firm is included as a Vendor or Other Direct Cost
(ODC) for any projects associated with the on-call contract.
City Council 17 –153 11/16/2021
I
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
EXHIBIT 10-1 NOTICE TO PROPOSERS DBE INFORMATION
(Federally funded projects only)
The Agency has established a DBE goal for this Contract of _____
1.
2.
3.
4.
TERMS AS USED IN THIS DOCUMENT
•The term "Disadvantaged Business Enterprise" or "DBE" means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
•The term "Agreement" also means "Contract."
•Agency also means the local entity entering into this contract with the Contractor or Consultant.
•The term "Small Business" or "SB" is as defined in 49 CFR 26.65.
AUTHORITY AND RESPONSIBILITY
A.DBEs and other small businesses are strongly encouraged to participate in the performance of
Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in
the performance of the work that is the subject of this solicitation and should take all necessary and
reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts.
B.Proposers are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-01 Consultant Proposal DBE Commitment must be included
in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must
make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must
document adequate good faith efforts. All DBE participation will be counted towards meeting the contract
goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-02 Consultant Contract DBE Information must be included in best qualified consultant's executed
consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and
return the form.
DBE PARTICIPATION GENERAL INFORMATION
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the
Department's DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A.A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
B.A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
C.A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a
combination of the following:
1.The proposer is a DBE and will meet the goal by performing work with its own forces.
2.The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3.The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
Page 1 of 2
January 2020
0.00%TBD
City Council 17 –154 11/16/2021
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
D.A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E.A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must
be responsible for the execution of a distinct element of the work and must carry out its responsibility by
actually performing, managing and supervising the work.
F.The proposer shall list only one subconsultant for each portion of work as defined in their proposal and
all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G.A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5.RESOURCES
A.The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database, please contact the Caltrans
Office of Certification toll free number 1-866-810-6346 for assistance.
B.Access the CUCP database from the Department of Transportation, Office of Civil Rights website
1.Click on the link titled Disadvantaged Business Enterprise;
2.Click on Search for a DBE Firm link;
3.Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING
CONDITIONS:
A.If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or
establishment that produces on the premises the materials, supplies, articles, or equipment required
under the Contract and of the general character described by the specifications.
B.If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the Contract are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the
firm must be an established, regular business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
C.If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc
or Agreement-by-Agreement basis. Packagers, brokers, manufacturers' representatives, or other
persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this
section.
D.Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will
be limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
similar services.
Page 2 of 2
January 2020
City Council 17 –155 11/16/2021
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
EXHIBIT 10-K CONSULTANT ANNUAL CERTIFICATION OF
INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM
(Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.)
Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related
services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the
Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate:
Combined Rate % OR
Home Office Rate % and Field Office Rate (if applicable) %
Facilities Capital Cost of Money % (if applicable)
Fiscal period *
* Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not
the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period
for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have
determined to the best of my knowledge and belief that:
•All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in
accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of
Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31);
•The cost proposal does not include any costs which are expressly unallowable under the cost
principles of 48 CFR Part 31;
•The accounting treatment and billing of prevailing wage delta costs are consistent with our
prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-
funded A&E Consultant Contracts.
•All known material transactions or events that have occurred subsequent to year-end affecting the
consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of
this certification.
I am providing the required and applicable documents as instructed on Exhibit 10-A.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting
records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately
accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23
United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2);
and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
•Account numbers identifying allowable direct, indirect, and unallowable cost accounts;
•Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost
Page 1 of 2
March 2018
Santolucito Dore Group, Inc.
N/A
N/A
N/A
N/A
N/A
SD Group does not have an ICR Rate because we are a small, woman-owned,
disadvantaged business enterprise without a sophisticated financial management
system as mentioned in this certification. SD Group bills on a lump sum basis per
appraisal report as a direct cost and should be listed as a vendor.
City Council 17 –156 11/16/2021
Local Assistance Procedures Manual Exhibit 10-K
Consultant Annual Certification of Indirect Costs and Financial Management System
accounts;
•Ability to accumulate and segregate allowable direct costs by project, contract and type of cost;
•Internal controls to maintain integrity of financial management system;
•Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR;
•Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and
•Ability to ensure costs are in compliance with contract terms and federal and state requirement
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to
Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by
the following:
•Sanctions and Penalties -23 CFR Part 172.11(c)(4)
•False Claims Act -Title 31 U.S.C. Sections 3729-3733
•Statements or entries generally -Title 18 U.S.C. Section 1001
•Major Fraud Act -Title 18 U.S.C. Section 1031
All A&E Contract Information:
•Total participation amount $___________________ on all State and FAHP contracts for Architectural &
Engineering services that the consultant received in the last three fiscal periods.
•The number of states in which the consultant does business is .
•Years of consultant’s experience with 48 CFR Part 31 is .
•Audit history of the consultant’s current and prior years (if applicable)
☐Cognizant ICR Audit ☐Local Gov’t ICR Audit □Caltrans ICR Audit
☐Federal Gov’t ICR Audit☐CPA ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the
Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost
principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and
all applicable state and federal rules and regulations. I also certify that I understand that all documentation of
compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the
federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name**: _ Title**:
Signature:Date of Certification (mm/dd/yyyy):
Email**: Phone Number**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a
Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms.
Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by
Caltrans Audits and Investigations.
Distribution: 1) Original -Local Agency Project File
2) Copy -Consultant
3) Copy -Caltrans Audits and Investigations
Page 2 of 2
March 2018
N/A
Christine S. Santolucito President
christie@sdgroupinc.com
9/15/2021
951-225-3500
City Council 17 –157 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1.Local Agency:2.Contract DBE Goal:
3.Project Description:
4.Project Location:
5.Consultant's Name: 6.Prime Certified DBE:
7.Description of Work, Service, or Materials
Supplied
8.DBE
Certification
Number
10.DBE %
%
Local Agency to Complete this Section
17.Local Agency Contract Number:
18.Federal-Aid Project Number:
19.Proposed Contract Execution Date:
20.Consultant’s Ranking after Evaluation: __________________________
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
9.DBE Contact Information
11.TOTAL CLAIMED DBE PARTICIPATION
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
4
City of Santa Ana
City of Santa Ana
On-Call Property Appraisal Services
TBD
Santolucito Doré Group, Inc.
Property Appraisal and Appraisal Review Services 43345 100%
Christine S. Santolucito, R/W-AC
951-225-3500 ext. 101
christie@sdgroupinc.com
100
9/15/2021
Christine S. Santolucito 951-225-3500
President
City Council 17 –158 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency - Enter the name of the local or regional agency that is funding the contract.
2.Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Location - Enter the project location as it appears on the project advertisement.
4.Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
5.Consultant’s Name - Enter the consultant’s firm name.
6.Prime Certified DBE - Check box if prime contractor is a certified DBE.
7.Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own
forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the
exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8.DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened.
9.DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10.DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11.Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit
15-H DBE Information - Good Faith Efforts of the LAPM).
12.Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm
must sign their name.
13.Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14.Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15.Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16.Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17.Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18.Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19.Proposed Contract Execution Date - Enter the proposed contract execution date.
20.Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are
evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21.Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
22.Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23.Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
24.Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
25.Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019 City Council 17 –159 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1.Local Agency:2.Contract DBE Goal:
3.Project Description:
4.Project Location:
5.Consultant's Name:6.Prime Certified DBE: 7.Total Contract Award Amount:
8.Total Dollar Amount for ALL Subconsultants:9.Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11.DBE
Certification
Number
12.DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14.TOTAL CLAIMED DBE PARTICIPATION
$ 20.Local Agency Contract
Number:
21. Federal-Aid Project Number:
22.Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on
this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25.Local Agency Representative's Name 26. Phone
27.Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2.Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Property Appraisal and Appraisal Review Services 43345 Christine S. Santolucito, R/W-AC
951-225-3500 ext. 101
christie@sdgroupinc.com
$6,500
6,500
100
Christine S. Santolucito
President
9/15/2021
951-225-3500
City Council 17 –160 11/16/2021
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1.Local Agency -Enter the name of the local or regional agency that is funding the contract.
2.Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement.
3.Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4.Project Location -Enter the project location as it appears on the project advertisement.
5.Consultant’s Name -Enter the consultant’s firm name.
6.Prime Certified DBE - Check box if prime contractor is a certified DBE.
7.Total Contract Award Amount -Enter the total contract award dollar amount for the prime consultant.
8.Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9.Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non-DBEs). Do not include the prime consultant information in this count.
10.Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11.DBE Certification Number -Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12.DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13.DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14.Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract
Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15.Preparer’s Signature -The person completing the DBE commitment form on behalf of the consultant’s firm must
sign their name.
16.Date -Enter the date the DBE commitment form is signed by the consultant’s preparer.
17.Preparer’s Name -Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18.Phone -Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19.Preparer’s Title -Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20.Local Agency Contract Number -Enter the Local Agency contract number or identifier.
21.Federal-Aid Project Number -Enter the Federal-Aid Project Number.
22.Contract Execution Date -Enter the date the contract was executed.
23.Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24.Date -Enter the date the DBE commitment form is signed by the Local Agency Representative.
25.Local Agency Representative’s Name -Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26.Phone -Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27.Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
Page 2 of 2
July 23, 2015
City Council 17 –161 11/16/2021
951-225-3500 • 31600 Railroad Canyon Road, Suite 100-L • Canyon Lake, CA 92587 • sdgroupinc.com
September 15, 2021
Mr. Kenny Nguyen
Project Manager
City of Santa Ana
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
RE: RFP No. 21-103
Appraisal Lump Sum Billing – 10-K Exception Request
Dear Mr. Nguyen:
The Santolucito Doré Group, Inc. (SD Group) is a small, women-owned, disadvantaged business
enterprise. We offer essentially one type of service – valuation services and typically bill our
services on a lump sum per appraisal basis. As such, we do not have the need for sophisticated
financial management software with cost segregation features as required on Exhibit 10-K,
Consultant Annual Certification of Indirect Costs and Financial Management System.
Implementing such software and practices would be cost prohibitive for us as a small DBE firm
and we cannot certify to something we can’t comply with.
If selected, our work for the City of Santa Ana's on-call contract will be billed on a lump sum per
appraisal basis. It is recommended that our firm is included as a Vendor or Other Direct Cost
(ODC) for any projects associated with the on-call contract. The Caltrans Local Assistance
Procedures Manual allows DBE’s to participate in a number of ways, including being contracted
as a vendor. Please see the attached page from the manual.
Please let me know if you have any questions or need any additional information. We are excited
for the opportunity to work with the City on this project.
Sincerely,
Christine S. Santolucito, R/W-AC
President
City Council 17 –162 11/16/2021
I
Local Assistance Procedures Manual Chapter 9
Civil Rights & Disadvantaged Business Enterprise
and conditions of the contract. The mechanisms may also provide that any delay or
postponement of payment among the parties may take place only for good cause with the
Agency’s prior written approval.
9.7 DBE Participation on the Contract
Participation Opportunities
The local agency should structure its contracts and cost estimates by task to provide
opportunities for DBE participation. Participation by DBEs is possible during the Preliminary
Engineering, Environmental, Final Design, Right of Way, and Construction phases of the
project, and includes work as lead consultants, prime contractors, sub-consultants,
subcontractors, suppliers, vendors and truckers.
DBE Contract Goals
All federal-aid contracts that have subcontracting opportunities must have a DBE goal set. This
includes, but is not limited to: construction, consultant services such as project specific
Architectural & Engineering (A&E), and master on-call A&E contracts. A DBE contract goal is a
percentage of the total contract amount that is expected to be performed by certified DBE firms.
The DBE contract goal will vary depending on the type of work involved, the location of the
work, and the availability of DBEs for the work of the particular contract.
The contract goal may be zero in situations such as extremely limited subcontracting
opportunities, the lack of certified DBEs available in the District for the work to be performed, or
other reasons. The local agency will need to keep documentation in the project file when a zero
percent DBE contract goal is deemed appropriate.
Some contracts, such as Emergency Opening, Sole-source, Nonprofit do not require a DBE
goal. Work performed through Force Account also does not need a DBE goal. In these cases,
there is no contract goal (different from zero percent goal).
Setting the DBE Contract Goal
When setting a DBE goal, the Agency may use contract goals only on those federal-aid
contracts that have subcontracting possibilities. The goal for a specific contract may be higher
or lower than the percentage level of the statewide overall goal, depending on such factors as
the type of work involved, the location of the work, and the availability of DBEs for the work of
the particular contract. However, over the period covered by the State’s overall goal, the Agency
must set contract goals, and these individual contract goals will cumulatively result in meeting
any portion of the state’s overall goal. The actual DBE participation for each of the local
agency’s contracts contributes to the calculation used to determine if the statewide goal has
been met.
Caltrans approval of each contract goal is not necessarily required. However, Caltrans may
review and approve or disapprove any contract goal the Agency establishes. The Agency’s
contract goals must provide for participation by all certified DBEs and must not be subdivided
into group-specific goals.
DBE contract goals are established to encourage more participation of DBEs for federal-aid
transportation contracts. The bullets below provide a summary guidance of how to set the DBE
contract goal. For a detailed set of instructions and a template example, please refer to Exhibit
9-D: DBE Contract Goal Methodology.
Page 21 of 38
January 2021
City Council 17 –163 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Agreements for On-Call Right-of-Way Specialty Services - Acquisition and
Relocation Services
AGENDA TITLE
Approve Agreements with Monument ROW and Overland, Pacific & Cutler for On-Call
Right-of-Way Specialty Services - Acquisition and Relocation Services - in an Amount
Not to Exceed $649,500 for a Three-Year Term. (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute an agreement with Monument ROW to provide
completion of final close-out work per Caltrans requirements, acquisition
maintenance, and a relocation assistance program, in an amount not to exceed
$149,500 for a three-year term beginning November 16, 2021, and expiring November
15, 2024, with an option for two, one-year extensions, subject non-substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute agreements with Monument ROW and
Overland, Pacific & Cutler LLC to provide completion of final close-out work,
acquisition maintenance, and a relocation assistance program, in a shared aggregate
amount not to exceed $500,000 for a three-year term beginning November 16, 2021,
and expiring November 15, 2024, with an option for two, one-year extensions, subject
non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On July 6, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-
075, by which it sought the services of a professional engineering firm to provide on-call
right-of-way specialty services on an as-needed or “on-call” basis for the Public Works
Agency. The capital improvement projects needing the right-of-way services include, but
are not limited to, Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue
street improvement projects.
The RFP was advertised on the City’s online procurement management and publication
system, with proposals due on July 27, 2021. Four proposals were received and
evaluated by a selection committee. Based on criteria outlined in the RFP, the following
summarizes the responding firms and their ranking:
City Council 18 –1 11/16/2021
Agreements for On-Call Right-of-Way Specialty Services
November 16, 2021
Page 2
2
2
2
5
Firm City Rank
Monument Irvine 1
Overland, Pacific, & Cutler Long Beach 2
Interwest Irvine 3
Paragon Partners Cypress 4
Approval of the recommended action will authorize two sets of consultant agreements to
be utilized depending on the type of funding to be used for future task orders. For grant-
funded projects that require adherence to Caltrans Architecture and Engineering
requirements, task orders will be issued on the Caltrans version of the on-call agreement
(Exhibit 1). All other task orders that are funded with local or discretionary funds shall
utilize the standard version of the consultant agreement (Exhibits 2 and 3), which does
not contain the same Caltrans provisions and requirements for federally grant-funded
project tasks.
Based upon the scope of work and selection criteria outlined in RFP 21-075, staff
recommends awarding two sets of on-call agreements: one to Monument to provide
completion of final close-out work per Caltrans requirements, acquisition maintenance,
and a relocation assistance program (Exhibit 1), and the other to Overland, Pacific &
Cutler and Monument to provide completion of final close-out work, acquisition
maintenance, and a relocation assistance program not subject to Caltrans requirements
(Exhibit 2 and 3). Their proposals demonstrated the firms have the necessary capacity
and expertise to complete the required services. The firms’ rates are reasonable and
within industry standard, the teams’ qualifications are appropriate, and the proposals were
determined to provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
The following table summarizes the projects with funds budgeted and available for
expenditure on the right-of-way acquisition and relocation services to be provided by the
agreements in Fiscal Year 2021-2022.
Federal Funded Project(s)
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
City Council 18 –2 11/16/2021
Agreements for On-Call Right-of-Way Specialty Services
November 16, 2021
Page 3
2
2
2
5
2021-22 05917663-66220
(15-6827)
Select Street
Construction
Gas Tax HUTA 2103,
Improvements Other
Than Building
$20,000
2021-22 03217663-66220
(15-6827)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$60,000
Total $80,000
Non-Federal Funded Project(s)
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.
Description
Amount
2021-22 03217663-66220
(18-6901)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$37,500
2021-22 05917668-66220
(18-6901)
Select Street
Construction
Warner Ave-Tustin
Community Facilities
District, Improvements
Other Than Building
$12,500
2021-22 03517660-66220
(17-6883)
New
Transportation
System
Improvement-
Area F
New Transportation
System Improvement-
Area F, Improvements
Other Than Building
$20,000
2021-22 03217663-66220
(11-6741)
Measure M
Street
Construction
Measure M2
Competitive Street,
Improvements Other
Than Building
$60,000
Total $130,000
Any unused agreement amounts may be utilized by projects not listed above by following
the established on-call services process during FY 2021-22 and for the remaining
agreement term. Prior to utilizing the on-call services for any of future task orders without
accounts identified above, City staff must receive Finance and Management Services
Agency approval of funding and accounts to be used to ensure funds are available within
the authorization limit of $149,500 for any federally funded projects and the shared
$500,000 aggregate for any projects using local or discretionary funds. Upon successful
completion of the fiscal review, a corresponding Notice to Proceed containing the specific
scope and maximum expenditure for the task order will be issued.
City Council 18 –3 11/16/2021
Agreements for On-Call Right-of-Way Specialty Services
November 16, 2021
Page 4
2
2
2
5
EXHIBIT(S)
1. Agreement with Monument for On-Call Right-of-Way Services – Caltrans Version
2. Agreement with Monument for On-Call Right-of-Way Services
3. Agreement with Overland, Pacific & Cutler for On-Call Right of Way Services
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 18 –4 11/16/2021
Page 1
AGREEMENT TO PROVIDE RIGHT OF WAY SPECIALTY SERVICES -
ACQUISITION AND RELOCATION SERVICES ON AN ON-CALL BASIS
THIS AGREEMENT is made and entered into this 16th day of November, 2021 by and between,
Monument ROW, a California corporation (“Consultant”), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A.On July 6, 2021, the City issued Request for Proposal (“RFP”) No. 21-075, by which it
sought a consultant to provide On-Call Acquisition and Relocation Services for the City’s
Public Works Agency.
B.Consultant submitted a responsive proposal that was among those selected by the City.
Consultant represents that it is able and willing to provide the services described in the
scope of work that was included in RFP No. 21-075.
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 contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the
acquisition and relocation services described in t he scope of work that was included in RFP No.
21-075 and is attached hereto and marked as Exhibit A and as more specifically delineated in
Consultant’s proposal, which is attached as Exhibit B and incorporated in full.
2.ALLOWABLE COSTS AND PAYMENTS
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Consultant’s
Cost Proposal attached as Exhibit C. Consultant is the top-ranking consultant to
provide acquisition and relocation services on an as-needed basis under RFP No.
21-075. The total compensation for these services provided under RFP No. 21-075
to perform them shall not exceed an aggregate amount of $149,500.00 during the
term of the Agreement, including any extension periods.
b.Consultant’s Cost Proposal attached as Exhibit C. The specified hourly rates shall
include direct salary costs, employee benefits, overhead, and fee. These rates are
City Council 18 –5 11/16/2021
Page 2
not adjustable for the performance period set forth in this Agreement. In addition,
Consultant will be reimbursed for incurred (actual) direct costs other than salary
costs that are in the cost proposal and identified in the cost proposal and in the
executed Task Order.
c. Specific projects will be assigned to Consultant through issuance of Task Orders.
After a project to be performed under this Agreement is identified by City, City will
prepare a draft Task Order less the cost estimate. A draft Task Order will identify
the scope of services, expected results, project deliverables, period of performance,
project schedule and will designate a City Project Coordinator. The draft Task
Order will be delivered to Consultant for review. Consultant shall return the draft
Task Order within ten (10) calendar days along with a Cost Estimate, including a
written estimate of the number of hours and hourly rates per staff person, any
anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.
After agreement has been reached on the negotiable items and total cost, the
finalized Task Order shall be signed by both City and Consultant.
d. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific
rates of compensation, both of which must be based on the labor and other rates set
forth in Consultant Cost Proposal.
e. Reimbursement for transportation and subsistence costs shall not exceed the rates
as specified in the approved Cost Proposal.
f. When milestone cost estimates are included in the approved Cost Proposal,
Consultant shall obtain prior written approval for a revised milestone cost estimate
from City before exceeding such estimate.
g. Progress payments for each Task Order will be made monthly in arrears based on
services provided and actual costs incurred.
h. Consultant shall not commence performance of work or services until this
Agreement has been approved by City, and notification to proceed has been issued
by City. No payment will be made prior to approval or for any work performed
prior to approval of this Agreement.
i. A Task Order is of no force or effect until returned to City and signed by an
authorized representative of City. No expenditures are authorized on a project, and
work shall not commence until a Task Order for that project has been executed by
City.
j. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon
receipt by City of itemized invoices in triplicate. Separate invoices itemizing all
costs are required for all work performed under each Task Order. Invoices shall be
City Council 18 –6 11/16/2021
Page 3
submitted no later than 45 calendar days after the performance of work for which
Consultant is billing, or upon completion of the Task Order. Invoices shall detail
the work performed on each milestone, on each project as applicable. Invoices shall
follow the format stipulated for the approved Cost Proposal and shall reference this
Agreement number, project title, and Task Order number. Credits due to City that
include any equipment purchased under the Equipment Purchase provision of this
Agreement must be reimbursed by Consultant prior to the expiration or termination
of this Agreement. Invoices shall be mailed to City at the following address: City
of Santa Ana, Public Works Agency M-36, 20 Civic Center Plaza, P.O. Box 1988,
Santa Ana, CA 92702.
k. The period of performance for Task Orders shall be in accordance with dates
specified in the Task Order. No Task Order will be written which extends beyond
the expiration date of this Agreement.
l. The total amount payable by City for an individual Task Order shall not exceed the
amount agreed to in the Task Order, unless authorized by contract amendment.
m. If the Consultant fails to satisfactorily complete a deliverable according to the
schedule set forth in a Task Order, no payment will be made until the deliverabl e
has been satisfactorily completed.
n. Task Orders may not be used to amend this Agreement and may not exceed the
scope of work under this Agreement.
o. The total amount payable by City for all Task Orders resulting from this Agreement
shall not exceed an aggregate amount of $149,500. It is understood and agreed that
there is no guarantee, either expressed or implied, that this dollar amount will be
authorized under this Agreement through Task Orders.
p. Consultant shall submit progress reports on each specific project in accordance with
the Task Order. These reports shall be submitted at least once a month. The report
should be sufficiently detailed for the City’s Project Manager to determine, if
Consultant is performing to expectations, or is on schedule; to provide
communication of interim findings, and to sufficiently address any difficulties or
special problems encountered, so remedies can be developed.
q. Consultant’s Project Manager shall meet with City’s Project Manager, as needed,
to discuss progress on the project(s).
r. This Agreement is valid and enforceable only if sufficient funds are made available
to the City for the purpose of this Agreement. In addition, this Agreement is subject
to any additional restrictions, limitations, conditions, or any statute enacted by
Congress, the State Legislature, or the City that may affect the provisions, terms or
funding of this Agreement in any manner.
City Council 18 –7 11/16/2021
Page 4
3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
a. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR Part
31, Contract Cost Principals and Procedures, shall be used to determine the
allowability of individual terms of cost. et seq., shall be used to determine the cost
allowability of individual items.
b. Consultant agrees to comply with federal procedures in accordance with 2 CFR,
Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards.
c. Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by Consultant to City.
4. PERFORMANCE PERIOD
a. This Agreement shall go into effect on the date first written above, contingent upon
approval by City, and Consultant shall commence work after notification to proceed
by City. This Agreement shall end on November 15, 2024, unless terminated earlier
in accordance with Section 21. The term of this Agreement may be extended for
up to two 1-year periods upon a writing executed by the City Manager and City
Attorney.
b. Consultant is advised that any recommendation for contract award is not binding
on City until the Agreement is fully executed and approved by City.
c. The period of performance for each specific project shall be in accordance with the
Task Order for that project. If work on a Task Order is in progress on the expiration
date of this Agreement, the terms of the Agreement shall be extended by
amendment.
5. STATE PREVAILING WAGE RATES
a. If applicable, Consultant shall comply with the State of California’s General
Prevailing Wage Rate requirements in accordance with California Labor Code,
Section 1770, and all Federal, State, and local laws and ordinances applicable to the
work.
b. Any subcontract entered into as a result of this Agreement, if for more than $25,000
for public works construction or more than $15,000 for the alteration, demolition,
repair, or maintenance of public works, shall contain all of the provisions of this
Section, unless the awarding agency has an approved labor compliance program by
the Director of Industrial Relations.
City Council 18 –8 11/16/2021
Page 5
c. When prevailing wages apply to the services described in the scope of work,
transportation and subsistence costs shall be reimbursed at the minimum rates set
by the Department of Industrial Relations (DIR) as outlined in the applicable
Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be
responsible for any future adjustments to prevailing wage rates including, but not
limited to, base hourly rates and employer payments as determined by the
Department of Industrial Relations, Consultant is responsible for paying the
appropriate rate, including escalations that take place during the term of the
Agreement.
d. When prevailing rates apply, the Consultant is responsible for verifying compliance
with certified payroll requirements. Invoice payment will not be made until the
invoice is approved by City.
6. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
7. 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 subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant 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.
8. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
City Council 18 –9 11/16/2021
Page 6
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Insurance coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability Insurance: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3) Workers’ Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) Insurance- appropriate to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the
City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to
contain, the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2) Primary Coverage- for any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
City Council 18 –10 11/16/2021
Page 7
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3) Notice of Cancellation- each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by
the City. The City may require the Consultant to purchase coverage with a lo wer
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by
either the named insured or City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-
made basis:
1) The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the
Consultant must purchase “extended reporting” coverage for a minimum of five (5)
years after completion of contract work.
H. Verification of Coverage- Consultant shall furnish the City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage required by this clause) and a copy of
the Declarations and Endorsement Page of the CGL policy listing all policy
endorsements to City before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant’s obligation to
provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications,
at any time.
City Council 18 –11 11/16/2021
Page 8
I. Subcontractors- Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that
City is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances- City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
9. INDEMNIFICATION
Consultant agrees to defend, 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 subconsultants, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this Agreement.
City may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
10. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney’s fees,
for infringement of any United States’ letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
11. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and
Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and
other matters connected with the performance of this Agreement, pursuant to Government Code
8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all
books, documents, papers, accounting records, and other evidence pertaining to the performance
City Council 18 –12 11/16/2021
Page 9
of the Agreement, including but not limited to, the costs of administering the Agreement. All
parties shall make such materials available at their respective offices at all reasonable times during
the Agreement period and for three years from the date of final payment under the Agreement. The
state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government
shall have access to any books, records, and documents of Consultant and its certified public
accountants work papers that are pertinent to the contract and indirect cost rates (ICR) for audit,
examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished
if requested.
12. AUDIT REVIEW PROCEDURES
a. Any dispute concerning a question of fact arising under an interim or post audit of
this Agreement that is not disposed of by mutual agreement shall be reviewed by
the City.
b. Not later than 30 days after issuance of the final audit report, Consultant may
request a review by the City of unresolved audit issues. The request for review will
be submitted in writing, submitted to the project manager of RFP.
c. Neither the pendency of a dispute nor its consideration by City will excuse
Consultant from full and timely performance in accordance with the terms of this
Agreement.
13. 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 cov ered
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.
14. CONFLICT OF INTEREST
a. Consultant shall disclose any financial, business, or other relationship with City that
may have an impact upon the outcome of this Agreement, or any ensuing City
construction project. Consultant shall also list current clients who may have a
financial interest in the outcome of this Agreement, or any ensuing City
construction project that will follow.
City Council 18 –13 11/16/2021
Page 10
b.Consultant hereby certifies that it does not now have, nor shall it acquire any
financial or business interest that would conflict with the performance of services
under this Agreement.
c.Consultant agrees to complete any statements of economic interest if required by
either City ordinance or State law.
15.REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION
Consultant warrants that this Agreement was not obtained or secured through rebates
kickbacks or other unlawful consideration, either promised or paid to any City employee. For
breach or violation of this warranty, City shall have the right in its discretion; to t erminate the
contract without liability; to pay only for the value of the work actually performed; or to deduct
from the contract price; or otherwise recover the full amount of such rebate, kickback or other
unlawful consideration.
16.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 telegraphi c 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
Executive Director
Public Works
Agency City of
Santa Ana
20 Civic Center Plaza (M-
21) P.O. Box 1988
Santa Ana, CA 92702
Fax 714-647-5635
To Consultant: Amber Costello, President
Monument ROW
200 Spectrum Center, Suite
300 Irvine, CA 92618
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
City Council 18 –14 11/16/2021
Page 11
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
17. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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.
18. SUBCONTRACTING
a, Nothing contained in this Agreement or otherwise, shall create any contractual
relation between City and any subconsultant(s), and no subcontract shall relieve
Consultant of its responsibilities and obligations hereunder. Consultant agrees to
be as fully responsible to City for the acts and omissions of its subconsultant(s) and
of persons either directl y or indirectly employed by any of them as it is for the acts
and omissions of persons directly employed by Consultant. Consultant’s obligation
to pay its subconsultant(s) is an independent obligation from City’s obligation to
make payments to the Consultant.
b. Consultant shall perform the work contemplated with resources available within
its own organization and no portion of the work pertinent to this Agreement shall
be subcontracted without written authorization by City, except that which is
expressly identified in the approved Cost Proposal.
c. Consultant shall pay its subconsultants within fifteen (15) calendar days from
receipt of each payment made to Consultant by City.
d. All subcontracts entered into as a result of this Agreement shall contain all the
provisions stipulated in this Agreement to be applicable to subconsultants.
e. Any substitution of subconsultant(s) must be approved in writing by City prior to
the start of work by the subconsultant(s).
City Council 18 –15 11/16/2021
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19. EQUIPMENT PURCHASE
a. Prior authorization in writing by City shall be required before Consultant enters
into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies,
equipment, or consultant services. Consultant shall provide an evaluation of the
necessity or desirability of incurring such costs.
b. For purchase of any item, service or consulting work not covered in Consultant’s
Cost Proposal and exceeding $5,000 prior authorization by City, three competitive
quotations must be submitted with the request, or the absence of bidding must be
adequately justified.
c. Any equipment purchased as a result of this Agreement is subject to the following
condition: “Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and
an acquisition cost of $5,000 or more. If the purchased equipment needs
replacement and is sold or traded in, City shall receive a proper refund or credit at
the conclusion of the Agreement, or if the Agreement is terminated, Consultant may
either keep the equipment and credit City in an amount equal to its fair market
value, or sell such equipment at the best price obtainable at a public or private sale,
in accordance with established City procedures and credit City in an amount equal
to the sales price. If Consultant elects to keep the equipment, fair market value
shall be determined at Consultant’s expense, based on a competent independent
appraisal of such equipment. Appraisals shall be obtained from an appraiser
mutually agreeable to by City and Consultant. If it is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance by
City.” 2 CFR, Part 200 requires a credit to Federal funds when participating
equipment with a fair market value greater than $5,000 is credited to the project.
20. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
21. TERMINATION
a. City reserves the right to terminate this Agreement upon thirty (30) calendar days
written notice to Consultant with the reasons for termination stated in the notice. Upon
termination, City shall be entitled to all work including but not limited to, reports, investigations,
appraisals, inventories, studies, analyses, drawings and data estimates performed to that date,
whether completed or not.
b. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved
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Page 13
of liability to City for damages sustained by the City by virtue of any breach of this Agreement by
Consultant, and City may withhold any payments due to Consultant until such time as the exact
amount of damages, if any, due City from Consultant is determined.
22. 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.
23. 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.
24. STATEMENT OF COMPLIANCE
a. Consultant’s signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that Consultant
has, unless exempt, complied with, the nondiscrimination program requirements of
Government Code Section 12990 and Title 2, California Administrative Code,
Section 11102.
b. During the performance of this Agreement, Consultant and its subconsultants shall
not unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability,
medical condition (e.g., cancer), age (over 40), marital status, gender, gender
identity, gender expression, sexual orientation, military or veteran status, and
denial of family care leave. Consultant and subconsultants shall insure that the
evaluation and treatment of their employees and applicants for employment are
free from such discrimination and harassment.
c. Consultant and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable
regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations,
are incorporated into this Agreement by reference and made a part hereof as if set
City Council 18 –17 11/16/2021
Page 14
forth in full. Consultant and its subconsultants shall give written notice of their
obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
d. The Consultant shall comply with regulations relative to Title VI
(nondiscrimination in federally assisted programs of the Department of
Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of
Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of
federal assistance will implement and maintain a policy of nondiscrimination in
which no person in the state of California shall, on the basis of race, color, national
origin, religion, sex, age, disability, be excluded from participation in, denied the
benefits of or subject to discrimination under any program or activity by the
recipients of federal assistance or their assignees and successors in interest.
e. The Consultant, with regard to the work performed by it during the Agreement shall
act in accordance with Title VI. Specifically, the Consultant shall not discriminate
on the basis of race, color, national origin, religion, sex, age, or disability in the
selection and retention of subconsultants, including procurement of materials and
leases of equipment. The Consultant shall not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s
Regulations, including employment practices when the Agreement covers a
program whose goal is employment.
f. Consultant, subrecipient or subconsultant will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against
anyone in connection with the award and performance of any contract covered by
40 Code of Federal Regulations Part 26 on the basis of race, color, sex or national
origin. In administering the City components of the Disadvantaged Business
Enterprises (DBE) Program Plan, Consultant, subreceipient or subconsultant will
not, directly, or through contractual or other arrangements, use criteria or methods
of administration that have the effect of defeating or substantially impairing
accomplishment of the objectives of the DBE Program Plan with respect to
individuals of a particular race, color, sex, or national origin.
g. Under 49 CFR 26.13(b): Consultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement, Consultant
shall carryout applicable requirements of 49 CFR 26 in the award and
administration of federal-aid contracts.
Failure by Consultant to carry out these requirements is a material breach of this
Agreement, which may result in the termination of this Agreement or such other
remedy, which the City deems appropriate, which may include, but is not limited
to:
1) Withholding monthly progress payment if applicable;
2) Assessing sanctions;
City Council 18 –18 11/16/2021
Page 15
3) Liquidating damages; and/or
4) Disqualifying consultant from future proposing as non-responsible.
h.Termination and Substitution of DBE Subconsultants. Consultant shall utilize the
specific DBEs listed to perform the work and supply the materials for which each
is listed unless Consultant or DBE subconsultant obtains the City’s written consent.
Consultant shall not terminate or substitute a listed DBE for convenience and
perform work with their own forces or obtain materials from other sources without
authorization from City. Unless the City’s consent is provided, the Consultant shall
not be entitled to any payment for work or material unless it is performed or
supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE
Commitment form, included in the Bid.
i.Consultant shall notify City’s designated representative of any changes to its
anticipated DBE participation before starting the affected work. Consultant shall
notify City of any notices of decertification or certification regarding a
subconsultant’s DBE status.
j.Consultant shall provide all required DBE forms to the City as required pursuant to
applicable law.
k.All certifications required for the Bid are attached hereto as part of Exhibit
B to the Agreement.
25.DEBARMENT AND SUSPENSION CERTIFICATION
a.Consultant’s signature affixed herein, shall constitute a certification under penalty
of perjury under the laws of the State of California, that Consultant has complied
with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide
Debarment and Suspension (nonprocurement)”, which certifies that he/she or any
person associated therewith in the capacity of owner, partner, director, officer, or
manager, is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency; has not been suspended,
debarred, voluntarily excluded, or determined ineligible by any federal agency
within the past three (3) years; does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years. Any exceptions to this certification must be
disclosed to City.
b.Exceptions to the Federal Government Excluded Parties List System maintained by
the General Services Administration are to be determined by the Federal Highway
Administration.
City Council 18 –19 11/16/2021
City Council 18 –20 11/16/2021
Page 17
EXHIBIT A
SCOPE OF SERVICES
City Council 18 –21 11/16/2021
City of Santa Ana RFP 21-075
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO. 21-075
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified
Right of Way Specialty firms to provide On-Call Right of Way Specialty services on an
as-needed or “on-call” basis.
From the proposals received, it is the City’s goal to select one or more firms to enter into an
agreement(s) with. The capital improvement projects needing the right-of-way services include,
but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street
Improvements.
The services being considered for contract are the following “Specialty Areas”:
Specialty Areas Maximum Contract
Aggregate Amount
A Acquisition/Relocation $300,000
B Property Management Services $148,000
C Property Appraisal Services $148,000
D Business Goodwill Appraisal Services $148,000
E Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the proposals
received, it is the City’s goal to select one to two firms for each of the specialty services (A, B,
C, D, and E). The City will enter into separate agreements (the “Agreement”) with each of these
firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be
distributed among these firms based upon their ability to perform the required work within the
project schedule and budget constraints. A detailed scope of work and corresponding fee will be
outlined when a specific task is assigned to a consultant. The City reserves the right to distribute
the work in any manner which will best serve the City’s interests.
Right of way firms are welcome to submit proposals for all Specialty Areas. However, the firm
providing the Specialty Service for the selected parcels will not be selected for a different
Specialty Service for the same parcels.
City Council 18 –22 11/16/2021
City of Santa Ana RFP 21-075
Page A1-2
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
City Council 18 –23 11/16/2021
City of Santa Ana RFP 21-075
Page A1-3
The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
City Council 18 –24 11/16/2021
City of Santa Ana RFP 21-075
Page A1-4
SPECIALITY AREA A
ACQUISITION & RELOCATION SERVICES
Acquisition Consultant Responsibilities
“Good faith negotiations” with property owners for the purchase of right-of-way based on
values established in the reviewed and approved appraisals.
Adherence to all professional standards including the Caltrans Right-of-Way Manual and
all applicable laws and regulations.
Preparation of all written correspondence, applicable forms and City’s standard purchase
agreement.
Coordination with City staff.
Performance of notary services related to the signing of acquisition documents.
Escrow coordination with Agency’s selected title company.
Completion of final close-out work per Caltrans requirements.
Maintenance of all acquisition files including acquisition diaries.
Acquisition Consultant Responsibilities under the Uniform Act
Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
Expeditious acquisition within 30 days of approved appraisal.
First Written Offer should be presented in person when possible.
Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
Owner to be given reasonable time to consider City’s offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts)
Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
Preparation of Administrative Settlements when it is reasonable and in the public interest.
Diary entries including confirmation of delivering Title VI information.
Acquisition Consultant Tasks
Meet with City staff to discuss assignments and procedures.
Perform the services required by the City with qualified personnel, equipment, materials,
supplies, and management and administration services.
All personnel and subcontractors, referred to as “Approved Personnel”, shall be approved
by City, prior to providing services. There shall be no changes in the Approved Personnel
without written concurrence of the City.
Prepare and maintain a schedule of major activities and milestones and provide an estimate
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City of Santa Ana RFP 21-075
Page A1-5
of the cost to conduct proposed assignments including assignments to subcontractors.
Upon City’s written approval of the estimated cost, initiate the assignment in a timely
manner.
Present strategies for negotiating successfully and reach agreements with Property Owners
and their representatives and to close the acquisition Process.
Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
As deemed necessary by the City, meet with the City and other staff as requested.
Prepare, monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
Coordinate with the appraisers for site inspections.
Review appraisal reports to ensure conformity with the environmental document and the
Right-of-Way (ROW) Map.
Prepare and assemble the “Offer Package” using the format approved by the City for City
signature.
Meet and present written purchase offers to property owners as directed by staff.
Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
Supplement negotiations by obtaining and reviewing counter offers or demands from
property owners, recommendations for settlements, coordinating with the agency to
review and discuss all possible solutions and problems, including condemnation.
Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
Obtain property owners’ signature on the Purchase & Sale Agreements (PSA)
Obtain re-conveyance and subordination agreements as necessary. Maintain an accurate
and current record of all-pertinent information and contacts concerning the property
owners and tenants.
Assist City in condemnation support activities.
Open escrow after execution of PSA by the City and coordinate closely with title and
escrow companies to ensure escrow is closed on-time and properly.
Coordinate with lenders and escrow companies to obtain partial re-conveyance for part
take acquisitions and obtain approval for close of escrow.
Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor’s parcel map (APN) and all other important information
required to monitor progress of acquisition cases.
Relocation Services
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title
25, California Code of Regulations, its amendments, and other pertinent laws and regulations.
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City of Santa Ana RFP 21-075
Page A1-6
Prepare relocation plans, relocation guidelines, relocation cost estimates, project area surveys
and other specialized reports. Consultant’s relocation services include, but are not limited to the
following:
General Relocation Services
Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City’s written approval of the estimated cost, initiate the assignment in a timely manner.
Provide relocation advisory services.
Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process.
Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City.
Document and log all contacts and activities.
Prepare and distribute informational brochures and other required notices.
Determine each displacee’s eligibility for relocation; prepare an estimated timeline and
list of benefits. All Notice of Eviction’s (NOE) must be reviewed by the City prior to
presentation to displacee.
Prepare “Relocation Claim Package” in accordance with City approved format.
Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit
calculations per Caltrans standards, assignment of benefit forms signed by all parties and
the consultant, W9 to match the name of the claimant as appears on the claim form. All
claims must include the (NOE).
Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
Consultant must practice a system of “checks & balances” for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
Obtain moving bids and prepare estimate of benefits.
Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings.
Residential Relocation Services
Prepare residential relocation claims and submit to the City for approval and payment
Personally inspect replacement dwellings and/or buildings and sites to determine if they
are safe and meet sanitary regulatory requirements
Coordinate the move with displace
Prepare certification of abandonment and submit to the City
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City of Santa Ana RFP 21-075
Page A1-7
Business Relocation Services
Conduct interviews and establish eligibility for relocation benefits.
Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of personal property, accompany the appraiser if requested.
Coordinate with real estate appraiser to ensure there’s no duplication of benefits,
accompany the appraiser if requested.
Coordinate with business goodwill appraiser and provide necessary assistance.
Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
Determine eligibility for in-lieu payment.
Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties.
Determine actual and reasonable search expenses.
Arrange for a final walk-through inspection of the property with displacee.
Coordinate and monitor the move to ensure City purchased items are not part of the move.
When personal FF&E is purchased from tenants, consultant must assist the City for bulk
sale of the purchased items.
Prepare final claim, certification of abandonment and submit to the City.
Construction and Moving Bid Services
Movers
Conduct on site inventory and photos.
Complete certified inventory and mover instruction form.
Schedule and coordinate bids.
Attend site inspection, if necessary.
Contractors:
Verify licensing
Prepare mover instruction form
Schedule and coordinate bids
Attend site inspection, if necessary
Review and compare bids
Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and
Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation
Plan is to provide the City with summary and statistical information regarding the impact of a
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City of Santa Ana RFP 21-075
Page A1-8
project to potential displaced people. Specifically, this report shall identify potential impacts that
may occur as a result of the demolition of existing structures, proposed displacement of occupants,
and a plan to mitigate respective impacts.
The Relocation Plan shall include:
Description of the proposed project and project location
Assessment of needs
Replacement housing resources
Residential and commercial displacements
Temporary housing (if applicable)
Program assurances and standards
Relocation assistance program
Citizen participation and plan review period
Description of relocation benefits
Eviction policies and procedures
Appeals and grievance procedures
Displacement schedule
Estimated relocation costs
City Council 18 –29 11/16/2021
Page 18
EXHIBIT B
CONSULTANT’S PROPOSAL
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Section One
STATEMENT OF QUALIFICATIONS
City Council 18 –33 11/16/2021
July 27, 2021
Kenny Nguyen
Project Manager
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Subject: On Call Right-Of-Way Specialty Services
RFP N0: 21-075
Dear Mr. Nguyen and RFP Review Panel,
Monument is proposing on the City of Santa Ana On Call Right-of-Way Specialty Services RFP for
Acquisition and Relocation Services. Monument has researched the City’s Capital Improvement Program
and understands the potential project needs. We are confident Monument is the right choice for the City as
demonstrated below and outlined in our Proposal.
Why Monument is the clear choice for the City. The following differentiators demonstrate just a few of the
many reasons why Monument is the clear choice for the City’s right-of-way needs. These are expanded
upon in our Proposal.
• Our Project Manager. We are presenting one of our best, Daniela Borbe, as the Project Manager for
the City of Santa Ana. Over the past 15 years Daniela has managed multiple projects for the City
including Warner Avenue Widening, Grand Avenue Widening and all three phases of the Bristol
Street Widening project. Daniela posses the knowledge, experience and City tribal knowledge
necessary to successfully execute the City’s projects.
• Our Team. The Monument Team is a force to be reckoned with and unmatched in experience. Our
Team is a diverse group speaking multiple languages to better serve the Santa Ana community.
Many in our proposed Team currently work with or have worked on projects for the City. What this
translates to is our Team understands the City’s project delivery philosophy and can hit the ground
running without a learning curve. This saves time and money.
• We are Local. Monument has offices in Irvine with the majority of our staff within 20 minutes from
the City of Santa Ana. We are present and available to make in-person visits, meetings, and
community meetings.
Responsiveness. Our proposal is in strict compliance with the Request for Proposal requirements, and we
acknowledge the RFP and Q & A Addendum. We have carefully reviewed the proposal requirements and
have responded to all requests for information from Monument and our proposed team. Monument’s
management team have the requested licenses and many years of experience supervising and managing
right-of-way activities for municipalities and public agencies. Our Acquisition Agents are seasoned as well
as licensed.
City Council 18 –34 11/16/2021
Qualifications and Experience. Monument’s management team have been in the business for over 150
years combined! Our agents and support staff are seasoned experts in acquisition and right-of-way
support. The Monument Team has successfully managed public works projects throughout California,
involving thousands of parcels and property owners and countless miles of right-of-way.
Technical Approach and Timeline. The members of the Monument Team are known in the industry for
successfully completing projects on an accelerated schedule. We offer value through early project planning,
a clear scope of work, defined project tasks and deliverables, quality control, exceptional project
performance and knowing the real estate and right-of-way process and timetables. In addition, we know
the importance of collaborating with stakeholders to ensure the successful and timely completion of each
project.
Price. Monument understands and is sensitive to the budget constraints that government entities often face;
therefore, we are happy to provide competitive rates that fall within the City’s budget.
Contract Agreement Statement. Monument approves of the Sample Contractor Agreement and will agree
to its terms without modification.
Monument was established as a DBE and SBE with the intent to provide true expertise and focused client
service. The Monument Team has successfully managed public works projects throughout California,
involving thousands of parcels and property owners and countless miles of right-of-way. We are confident
that the attached proposal clearly identifies the ways in which Monument can fulfill the needs of the City of
Santa Ana in a cost-effective and timely manner. Please do not hesitate to reach out with additional
questions. Amber Costello may be reached by phone at 562.260.0507 or electronically at
acostello@monumentrow.com. We look forward to serving the City of Santa Ana.
Sincerely,
Amber Costello
President
City Council 18 –35 11/16/2021
3
B. FIRM AND TEAM EXPERIENCE
Monument, a DBE and SBE certified firm, is a full-
service real estate and right-of-way company providing
exceptional service, strategic planning, innovation
and timely delivery. We serve local, state and federal
agencies, transportation authorities and engineering
partners with public infrastructure projects throughout
California. At Monument, we understand the difference
an experienced, solutions-minded right-of-way partner
can bring in achieving the goals and objectives of
a project and that’s exactly what we are. We have
successfully delivered hundreds of projects as a
Team, with our success attributed to our Company
motto. . . we listen, we innovate, we deliver.
Monument is more than your typical right-of-way
company. Our team is comprised of the best in the
industry, most with over 25 years in the business
and leaders of some of the largest and most
complex projects delivered in the State of California.
Monument’s interdisciplinary team is composed of
highly experienced project managers, seasoned
acquisition agents, relocation experts and project
support specialists, working together with the client
to provide solutions at every phase of the project.
The Monument team is known in the industry for
successfully completing projects on an accelerated
schedule. We accomplish this with early project
planning, a clear scope of work, defined project
tasks and deliverables, quality control, exceptional
performance, and communication with the client
and project partners. We know the importance
of collaborating with stakeholders to ensure the
successful and timely completion of each project.
Monument is much more than a provider of real estate
services, we act as a project partner, equally invested
in the goals and objectives of the project and fully
integrated with the project team.
Office Location & Point of Contact The proposed
services will be performed by staff in Monument’s
Irvine office which is located at 200 Spectrum
Center, Suite 300, Irvine, CA 92618. Our team will
be led by Daniela Borbe, Project Manager, who has
invaluable experience with the City. Daniela will be
supported by Joey Mendoza, Principal-In-Charge.
Joey is authorized to bind the company and can be
reached directly at 949.378.0687 or electronically at
jmendoza@monumentrow.com.
DBE & SBE Participation Monument is certified as a
Disadvantaged Business Enterprise (DBE) registered
as CUCP #46456 and Small Business Enterprise (SBE)
firm in the State of California. For projects receiving
direct federal transportation funding, Monument can
assist the City of Santa Ana in satisfying any DBE and
SBE participation goals that may be required.
Our Services Monument is a robust team of experts
in many right-of-way disciplines. We are more than
just acquisition and relocation. Monument offers the
following full range of services, should the City have
any additional right-of-way needs:
PROPOSED TEAM with over 100 years of experience
ORGANIZATION TYPE: DBE and SBE
Offices in IRVINE and Sacramento
FIRM SIZE: 25+ employees
• Project & Program
Management
• Planning &
Programming
• Property Acquisition
• Residential & Business
Relocation
• Property & Asset
Management
• Appraisal & Appraisal
Review
• Title & Escrow
• Condemnation Support
• Economic Feasibility
Studies
• Site Location & Corridor
Analysis
• Utility Coordination
• Prior Rights Research &
Investigation
• Right-of-Way
Engineering
• In Lieu Staffing Support
City Council 18 –36 11/16/2021
4
WHY THE CITY SHOULD CHOOSE MONUMENT
We present three key differentiators which set Monument apart from our competition and demonstrate that
Monument is the right choice for the City of Santa Ana.
OUR PROJECT MANAGER
Our designated Project Manager, Daniela Borbe, has worked in partnership with the City of Santa Ana for over
15 years and has successfully delivered multiple projects including Bristol Street Widening Project, Phases 3A,
3B and 4, Warner Avenue Widening Project and Grand Avenue Widening Project. Daniela is a highly dedicated
and experienced Project Manager with over 20 years of experience managing projects in Orange County and
the greater Los Angeles area. Daniela has the demonstrated ability to meet and exceed the needs of the City
while building trust with the community and stakeholders. Daniela brings significant tribal knowledge of the
City’s preferences, policies and procedures, fiscal sensitivity, and understands how the City manages projects.
There is no learning curve here . . . Daniela is the Project Manager for the job!
OUR TEAM
Monument staff have been delivering projects for the City of Santa Ana for many years. The Monument Team is
over 25 members strong, many having direct experience working with the City of Santa Ana on both past and
current projects. Our Acquisition Lead, July Yokogawa, and seasoned Agents Mario Cerna, Tim McCloud, and
Cami Stigall, are actively working cases and have completed City projects over the last decade. Our knowledge
of City policy and practice allows our Team to provide the most cost and time-efficient service to the City of
Santa Ana. Further, our Team includes the best right-of-way practitioners in the industry who have joined forces
at Monument which provides the City of Santa Ana with a depth of knowledge and resources to tap into as
needed.
WE ARE LOCAL
Monument has the local resources necessary to meet the City’s needs. Our office, as well as the residences
of our proposed staff, are all within 20 minutes of the City of Santa Ana. Our proposed Team and additional
resources are truly local and available to attend in-person client meetings, board meetings, tenant and owner
meetings, site walks and any other coordinated planning sessions. We are available and present to the City of
Santa Ana.
Now let’s dive into the Monument Team and our experience. . .
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10
MARIO CERNA
Senior Agent
18 Years Experience
Mario is an experienced right-of-way professional with over 18 years of experience working in acquisition and relocation supporting development and infrastructure projects. Mario has successfully relocated thousands of both residential owners and tenants and relocated hundreds of businesses. Mario is also an experienced acquisition agent and is fluent in Spanish.
JEREMY NIED, SR/WA
Senior Agent
20 Years Experience
Jeremy has more than 20 years experience in the right-of-way and real estate services industry. He has worked with a wide range of public agencies and private sector clients with an emphasis on transportation, housing and flood control projects. He is experienced in negotiating with private parties, corporations, and lenders to obtain lender consents and subordination agreements. Jeremy is also experienced in property analysis and valuation.
RAMIE DAWIT
Senior Agent
15 Years Experience
Ramie has been in the right-of-way profession for over 15 years. Ramie has delivered over 5,000 cases in her career to date including businesses, residential, railroad, manufacturing, public agency and much more. She excels at managing multi-disciplinary road improvement projects with Caltrans oversight.
TIM MCCLOUD
Agent
5 Years Experience
Tim has 5 years of experience as a Right-of-Way Agent handling all aspects of acquisition, relocation, escrow coordination, document preparation, data management, and title review and analysis. Tim has been involved in real estate transactions ranging from property acquisition to development and disposition. Tim has worked on significant projects throughout California and is an excellent at analysis and synthesis of large amounts of data.
HABEN WOLDEMARIAN
Agent
5 Years Experience
Haben has been in the right-of-way business for over 5 years and has developed into a multi-tasking, utility player. He is experienced in property management, relocation, acquisition, and project controls. He is also experienced in property management and manages subconsultants and vendors in addition to drafting relocation plans, cost estimates and review of appraisal reports.
CAMI STIGALL
Agent
3 Years Experience
Cami has experience in all aspects of acquisition and relocation. Cami works with municipal agencies and cities, and is experienced in disseminating project information, managing large quantities of data and developing and maintaining project deliverables under the direction of the project manager and client.
RYAN MENDOZA
Agent
3 Years Experience
Ryan has been in the right-of-way industry for over 3 years and is experienced in all aspects of acquisition and relocation. He works with local cities and municipalities on projects of all sizes. His responsibilities include coordinating project materials, research and fact-finding, generating schedules, preparing reports, managing meeting minutes, updating project information, scheduling meetings, conferences, and other project-related events.
RICKY RODRIGUEZ
Caltrans Technical Advisor
30 Years Experience
Ricky has over 30 years in the industry and is one-of-a-kind given his expertise in the disciplines of utility relocation coordination and right-of-way acquisition services. He is retired from Caltrans where he managed all agents and surveyors in all aspects of acquisition, appraisal, excess lands, airspace, relocation, utility relocation, planning and management, property management, demolition, clearance, right of way engineering and certification.
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11
C. UNDERSTANDING OF NEED
The City of Santa Ana is seeking a professional consultant to provide a full array of real estate and right-of-way
services to assist in delivering the City’s capital improvement program. Monument has researched the City’s
Capital Improvement Program and Adopted Budget for Fiscal Year 2021/2022, and we understand that right-
of-way services may be required for the following future projects: Bristol Street and Memory Lane Intersection
Widening, Bristol Street Improvements and Widening: Phase 4, Fairview Street Improvement and Bridge
Replacement Program. The City’s Capital Improvement Program also identifies numerous street improvement,
sewer, utility, active transportation, park and facility projects.
Not only does Monument have a clear understanding of the City needs, we have over a decade of experience
working directly with the City of Santa Ana delivering many projects. As mentioned in this proposal, many of our
team have delivered projects and worked with the City including Project Manager, Daniela Borbe, Acquisition
Lead, July Yokogawa (formerly July Ly), Senior Agent, Mario Cerna, Agents, Tim McCloud an Cami Stigall, and
Joey Mendoza, Principal of Monument and Principal-in-Charge. This direct experience working with the City of
Santa Ana provides Monument valuable insight into the City’s real estate and right-of-way needs. In particular,
we understand the City is looking for a trusted Consultant that provides quality service, but also goes above
and beyond in achieving the City’s objectives as follows:
Local. Monument’s office and its Team are within short driving distance to the City and we know
the City and surrounding areas well. We believe this is vital to serve the City and community
by providing quick response times for in-person meetings and to ease property owners and
impacted occupants in-person, when needed. Our close proximity to the City makes it easy
for us to hand deliver important documents between the parties, such as agreements, deeds,
and checks, and ensures these documents reach their destination safely.
KRISTINE SANDER
Project Support
6 Years Experience
Kristine has years of experience in many aspects of the professional real estate industry. Her role as project coordinator includes disseminating project information and developing and maintaining project deliverables under the direction of the Project Manager. Her responsibilities include coordinating project materials and research, generating schedules reports, updating project information, scheduling meetings, conferences, and other project-related events.
JESSICA NORVELL
Project Support
5 Years Experience
Jessica has experience in many aspects of the professional real estate industry. As a critical team member of the Monument Project Support Team, Jessica is experienced in disseminating project information, managing large quantities of data and developing and maintaining project deliverables under the direction of the project manager and client.
TIFFANY MCCLOUD
Project Support
8 Years Experience
Tiffany provides acquisition and relocation assistance. Her duties include offer packages, contracts, site searches, and client interviews, and other support services for Monument projects. Tiffany updates and maintains the project database and case files.
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14
SCHEDULE, COST CONTROLS, REPORTING & QUALITY
Project controls are a key component to Monument’s project management approach. Controls provide the
process and method needed to run a project and assists the Team in driving the project in an organized
and systematic manner. Monument’s will strive to complete the City’s projects ahead of schedule and under
budget. We will accomplish that using the following tools to manage, monitor and adapt to the ever-changing
environment of a project.
RIGHT-OF-WAY SCHEDULE
Daniela will prepare a right-of-way delivery schedule at the onset of the project, which will be updated and
tracked frequently relative to the overall project baseline schedule. The right-of-way schedule will correspond
to the project schedule, linking project milestones, master schedule information and project constraints to
the acquisition and relocation tasks and other project control tools. Other project control tools include project
tracking at both the relocation and acquisition level, as well as project status reports and project construction
need date tracking. Schedule updates will be provided to the City at least monthly, and more frequently if
significant milestones are achieved. A sample schedule is provided on the next page.
COST CONTROLS
Monument will prepare a detailed budget for right-of-way capital and services costs with line items for each
anticipated acquisition, relocation and related costs. This will serve as the baseline budget for the right-of-way
program and will be used for comparison of budgeted and actual expenditures. Daniela will work closely with
the City to assure that projected needs are programmed and appropriate reports are issued to track contract
commitments, actual expenses and forecast. This will include regular updates on schedule, budget, acquisition
and contract status to appropriate City staff.
PROPERTY ACQUISITION AND RELOCATION REPORTING
Daniela will prepare monthly progress reports that will present the status of the acquisition and relocation cases
and provide measures of progress per parcel. These monthly progress reports will be provided to the City
and distributed to other project team members. They will serve to track deliverables and key milestone dates
for each case, such as appraisal completion, offer presentations, agreement dates, escrow openings and
closings as well as time sensitive condemnation activities to ensure the process can successfully advance to
the advertisement and construction phase.
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D. RELEVANT PROJECT EXPERIENCE
Monument’s team has been part of the Southern California business landscape for more than 25 years delivering
right-of-way services on hundreds of projects. Our portfolio of projects include a variety of capital improvement
projects for cities, counties, transportation agencies and municipalities, with an emphasis on projects involving
state and federal funding that require compliance with the Caltrans Right-of-Way Manual and FHWA procedures.
Monument’s staff have successfully completed countless projects that involved implementation of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (the Uniform Relocation Act) and under
local, state and federal guidelines. The following table identifies a few of the more recent projects in Southern
California that involved the delivery of right-of-way services by our team. Further, we have provided three full
project references for your review.
AGENCY | PROJECT NAME | LOCATION PROJECT MANAGEROTHER MONUMENT PERSONNEL INVOLVED CALTRANS FHWAPROJECT MGMTACQUISITIONRELOCATIONWarner Avenue Widening Project, Phase 1 and 2City of Santa Ana | Santa Ana, CAKenny Nguyen | 714.647.5632 | knguyen@santa-ana.org Daniela Borbe Joey Mendoza, July Yokogawa
Bristol Street Widening Project, Phases 3A, 3B, and 4City of Santa Ana | Santa Ana, CAKenny Nguyen | 714.647.5632 | knguyen@santa-ana.org Daniela Borbe Joey Mendoza, July Yokogawa
Grand Avenue Widening ProjectCity of Santa Ana | Santa Ana, CAKenny Nguyen | 714.647.5632 | knguyen@santa-ana.org Daniela Borbe Joey Mendoza
State Route 55 ProjectOrange County Transportation Authority | Orange, CARose Casey | 714.560.5729 | rcasey@octa.net Daniela Borbe Joey Mendoza, July Yokogawa
Interstate 405 Improvement ProjectOrange County Transportation Authority | Orange, CARose Casey | 714.560.5729 | rcasey@octa.net Daniela Borbe Joey Mendoza, July Yokogawa
South Laguna Tunnel Stabilization and Sewer Pipeline ReplacementSouth Coast Water District | Laguna Beach, CAJoseph McDivitt | 949.499.4555 ext 3122 | jmcdivitt@scwd.org Daniela Borbe Joey Mendoza, July Yokogawa
La Cadena Over Santa Ana River Bridge Improvement Project City of Colton | Colton, CAVictor Ortiz | vortiz@coltonca gov
Daniela Borbe Joey Mendoza, July Yokogawa
La Paz Bridge / Roadway WideningCity of Mission Viejo | Mission Viejo, CAMark Chagnon | 949.470.3091 | mchagnon@cityofmissionviejo.org Daniela Borbe Joey Mendoza
Crown Valley Parkway Widening ProjectCity of Laguna Niguel | Laguna Niguel, CA Daniela Borbe Joey Mendoza
Anaheim Canyon Metro Link Pedestrian Improvement ProjectCity of Anaheim | Anaheim, CACesar Morales | 714.765.5176 ext 4433 | cmorales@anaheim.net Daniela Borbe Joey Mendoza
Jamboree Road Bridge Widening at State Route 73City of Newport Beach | Newport Beach, CAAndy Tran | 949.644.3315 | atran@newportbeachca.gov Daniela Borbe Joey Mendoza
West Valley Connector ProjectSan Bernardino County Transportation Author ty | San Bernardino, CAVictor Lopez | 909.884.8276 | vlopez@gosbcta.com Joey Mendoza July Yokogawa
Ontario Tunnel ProjectSan Bernardino County Transportation Author ty | San Bernardino, CAVictor Lopez | 909.884.8276 | vlopez@gosbcta.com Joey Mendoza July Yokogawa
Mount Vernon Bridge ReplacementSan Bernardino County Transportation Author ty | San Bernardino, CADennis Saylor | 909.889.8611 | dsaylor@gosbcta com
Joey Mendoza July Yokogawa
California High Speed Rail ProjectCal fornia High Speed Rail Authority | Fresno, CADennis Kim | 916.384.0863 | dennis.kim@hsr.ca gov
Ramie Daw t
July Yokogawa, Patti Fiest
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We understand the City is seeking a professional real estate consultant to provide comprehensive right-of-way
acquisition and relocation services for its Capital Improvement Program. Funding for these projects will involve a
combination of local, state and federal funding and applicable regulations and policies.
Monument is a leader in right-of-way consulting services in California with an emphasis on capital improvement
projects for cities, counties and local agencies. We have an extensive understanding of the City’s requirements, having
provided acquisition and relocation services for the City of Santa Ana and similar projects for other local agencies in
Orange County. Monument provides project management and right-of-way services for state and federally funded
projects, and we are experts in the requirements of the Caltrans Right of Way Manual, including funding applications,
acquisition and relocation procedures, utility coordination, right-of-way certification and all other requirements of
the Local Assistance Procedures Manual. Over the past 25 years, Monument’s principals and management team
have led right-of-way programs for hundreds of water, flood, utility, highway, bridge, road improvement and transit
projects throughout California. These projects include both design-bid-build and design-build, each requiring a
unique, customized right-of-way implementation plan based on the project objectives and desired outcomes.
SCOPE OF WORK
Monument has direct experience performing all services outlined in the City’s RFP, which will require compliance with
all applicable state and federal guidelines to ensure funding is never compromised. Further, Monument is well versed
in the Caltrans Right of Way Manual and FHWA requirements applicable to on-system projects. All right-of-way
services performed on the City’s projects will comply with federal, state and local laws and regulations as referenced
in the Project Understanding section. As such, Monument has prepared the following Scope of Work to deliver the
requested services for this project.
Project Management
Monument’s Project Manager, Daniela Borbe, has an
in-depth understanding of the right-of-way process,
applicable policies and regulations, an ability to
comprehend both the “big picture” and the project details,
superior problem-solving and communication skills,
creative thinking and adaptability. She possess these
qualities and ensures quality control and timely execution
of the project. As she has exhibited on past projects for
the City of Santa Ana, she will work closely with City staff
and the engineering team in performing the required
real estate services, and establish work processes to
manage and coordinate right-of-way activities to ensure
that deliverables meet quality standards. Daniela will
work with City staff to anticipate potential issues, resolve
problems, recommend solutions, and ensure the project
schedule is adhered to by the team. For the City’s project,
we anticipate following tasks:
• Participate in a Right-of-Way Kick Off meeting with
the City and design consultant to ensure design,
appraisal and right-of-way impacts are coordinated
and on schedule, establish lines of communication,
project reporting requirements, as well as listen to
the City’s concerns and address any issues that may
arise.
• Schedule regular meetings with the City and Project
Team to ensure that project deliverables stay on
schedule and within budget. Participate in project
and public meetings, as required.
• Provide oversight for all right-of-way acquisition and
relocation activities to ensure timely and accurate
performance of real estate activities.
• Coordinate with design engineers and surveyors in
the performance of right-of-way engineering.
• Prepare and deliver written progress status reports
for cases, updates to other City consultants on
schedule and cost updates, as required.
• Manage and maintain quality control program
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to ensure compliance with City and Monument
requirements. Our QA/QC Manager will conduct
weekly reviews of the project reporting to ensure
compliance with City and regulatory requirements.
• Provide general consulting services to City staff and
their consultants on matters relating to appraisals,
appraisal reviews, environmental assessments,
acquisitions, relocation assistance, property
management, title and closing services and policy
implementation.
• Implement and comply with Uniform Act guidelines,
State and Federal laws, Caltrans Local Assistance
Program Guidelines, Caltrans Local Assistance
Procedures Manual and the Caltrans Right of Way
Manual (as necessary).
• Develop all necessary acquisition and relocation
formats for use on the project, including appraisal
notices, offer letters, appraisal statements, acquisition
brochures, agreements, contracts, deeds, relocation
notifications and claim forms, in a format acceptable
to the City and the City’s counsel.
Right-of-Way Acquisition
Monument performs negotiations for voluntary and
involuntary acquisitions with a hands-on approach
knowing the sensitivity involved. We comply with all
applicable laws and regulations including the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 or Title 25, California Code of
Regulations, and its amendments. Utilizing our team of
bilingual agents, we establish trusted relationships with
the property owners to ensure a smooth transaction
while ethically representing the City.
Preparation of Offer Package. Monument’s Project
Manager will complete a thorough review of both the
appraisal and the appraisal review, as well as the title
report and underlying documents, vesting information,
and other relevant documents for the preparation of the
City’s purchase offer packages. Each offer package will
contain the City’s written offer letter, Appraisal Summary
Statement, Statement of Just Compensation, acquisition
brochure, proposed Right-of-Way Contract and deeds,
Title VI, if applicable, and an itemized list of Improvements
Pertaining to the Realty, if applicable. Before submitting
offer packages to the City for approval, Monument’s QA/
QC Manager will perform a comprehensive review to
ensure all documents contained in the package comply
with required laws and regulations and meet the City’s
quality standards.
Negotiations. Monument’s Acquisition Agent will
contact the property owner(s) and, if possible, meet
with the owner in person at a convenient location
to present the City’s offer within two (2) weeks after
receipt of the approved appraisal and determination
of just compensation by the City. During this meeting,
the agent will discuss the project, explain the property
rights affecting the property, review the proposed project
design, present the offer to purchase, review the salient
information in the appraisal report, review the terms
of the ROW Contract and answers any questions or
concerns the owner may have concerning the process.
An informational brochure explaining the acquisition
process will also be provided. Immediately following this
meeting, the Acquisition Agent will notify the Relocation
Agent of the initiation of negotiations and if relocation will
be required.
Owners will be given reasonable opportunity to consider
offers, present materials they believe are relevant to
determining property values, and suggest modifications in
the proposed terms and conditions of the purchase. Every
reasonable effort will be made to acquire the necessary
real property rights expeditiously through negotiations.
The Acquisition Agent will proactively communicate
with the property owner on a regular basis, meet in
person when necessary, and respond to any questions,
concerns or clarifications requested by the property
owner. The Acquisition Agent will establish a file and
maintain a parcel diary/log to record all communications
with the property owner and/or the property owner’s
representative. If an amicable agreement is reached with
the property owner, the Acquisition Agent will prepare a
memorandum transmitting the owner’s signed agreement
and executed deeds to sell the property, for review
and approval by the City. Upon the City’s acceptance,
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Monument will prepare a memorandum transmitting the
agreement and deeds to the escrow company to initiate
the escrow due diligence process.
Escrow Coordination. After an offer is accepted
and the purchase agreement is approved by the City,
Monument’s Escrow Coordinator will transmit the original
documents to the escrow company and request that the
title company send an updated Preliminary Title Report.
The Escrow Coordinator will review the updated title
report and prepare a memorandum of disapproved title
exceptions. The escrow company will prepare escrow
instructions, transmit a copy of the purchase contract to
the title company and begin the process of satisfying all
monetary liens, prorating taxes and clearing adverse title
exceptions and encumbrances. Upon escrow’s request
for funds from the City, the estimated closing amount
will be deposited in escrow, and upon close, the escrow
holder will record a deed and issue a title insurance policy.
The Escrow Coordinator will provide ongoing support
to the escrow officer to ensure the timely execution
of escrow instructions, coordination of title clearance
documents and processing of wire transfers. Escrow
closure generally will be accomplished in 30 to 60 days.
Condemnation Support. In the event negotiations are
unsuccessful and the Acquisition Agent recommends
that an administrative settlement is not feasible or project
timing requires use of the eminent domain process, the
Project Manager will submit a recommendation to the City
to initiate condemnation proceedings. The Monument
Team will work closely with the City’s condemnation
counsel in preparing the resolution hearing notices,
providing a duplicate copy of the agent’s acquisition file,
and assist in the eminent domain complaint and in trial
preparation as requested. Settlement negotiations by
legal staff may continue until the trial begins, including
alternative dispute resolution and negotiations for
Stipulated Use and Possession to ensure access to the
property consistent with project schedules.
Relocation
Monument will provide relocation services to assure that
displaced individuals and businesses promptly receive
relocation benefits consistent with Federal, State, and
local regulations, Caltrans policies and procedures, and
City’s ROW Policies and Procedures, where applicable.
• Perform all relocation assistance services in
accordance with the Uniform Relocation and Real
Property Acquisition Act; the California Relocation
Assistance and Real Property Acquisition Guidelines;
the City’s Policies and Procedures and any other
applicable regulations.
• Prepare a Relocation Plan, if necessary.
• Meet personally with each prospective displacee
to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their
rights, and to explain the relocation process.
• Determine each displacee’s eligibility for relocation
assistance; prepare an estimated timeline for
relocation, and prepare an estimate of the amount of
relocation benefits to which each displace is eligible.
• Prepare all applicable claim forms, secure claimant’s
signatures on claim forms, and submit forms to the
City for review, acceptance, and payment.
• Conduct appropriate searches for relocation
replacement sites and provide relocation site referrals
to displacees.
• Personally inspect replacement dwellings and/or
buildings and sites to determine if they meet decent,
safe, and sanitary regulatory requirements.
• Where appropriate, advise displacees of available
economic assistance and social services; and provide
displacees with referrals to organizations, social
service agencies and community organizations.
• Perform any other normal procedures and
processes to implement the relocation assignment
and provide any other supporting information and
correspondence required by the City.
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Section Three
FEE SCHEDULE
Please see separately sealed package for Monument’s Fee Schedule
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Appendices
MONUMENT STAFF RESUMESATTACHMENT 3-1: NON-COLLUSION AFFIDAVITATTACHMENT 3-2: NON-LOBBYING CERTIFICATIONATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATIONEXHIBIT 10-01: CONSULTANT PROPOSAL DBE COMMITMENT
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EXHIBIT C
COMPENSATION AND
COST PROPOSAL
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Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency -Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal -Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description -Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic
Rehab, Overlay, Widening, etc).
4. Project Location -Enter the project location as it appears on the project advertisement.
5. Consultant’s Name -Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount -Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all
Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied -Enter description of work, services, or materials to be
provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if
the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be
performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number -Enter the DBE’s Certification Identification Number. All DBEs must be certified on
the date bids are opened.
12. DBE Contact Information -Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation -$: Enter the total dollar amounts entered in the “DBE Dollar Amount” column.
%: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract
Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith
Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature -The person completing the DBE commitment form on behalf of the consultant’s firm must
sign their name.
16. Date -Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name -Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone -Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title -Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number -Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number -Enter the Federal-Aid Project Number.
22. Contract Execution Date -Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency
must sign their name to certify that the information in this and the Consultant Section of this form is complete and
accurate.
24. Date -Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name -Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26. Phone -Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title -Enter the position/title of the Local Agency Representative certifying the
consultant’s DBE commitment form.
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July 23, 2015
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Non-Fed Funding (6.1.2020)
AGREEMENT TO PROVIDE ON-CALL
ACQUISITION AND RELOCATION SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and
between Monument ROW, a California corporation (“Consultant”), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws
of the State of California (“City”).
RECITALS
A.The City desires to retain a consultant having special skill and knowledge in the field of
acquisition and relocation services on an as needed basis.
B.Consultant represents that Consultant is able and willing to provide such services to the
City.
C.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-075, which is attached as Exhibit
A, and as more specifically delineated in Consultant’s proposal, which is incorporated herein by
reference as though fully set forth herein.
2.COMPENSATION
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of two (2) consultants selected to provide acquisition and relocation
services on an on-call basis under RFP 21-075. The total compensation for these
services provided by all such consultants selected under RFP 21-075 shall not exceed
the shared aggregate amount of five hundred thousand dollars and zero cents
($500,000.00) during the term of the Agreement, including any extension periods.
b.Payment by City shall be made within 45 days (forty-five) 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
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set forth in the Recitals, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
November 1, 2024, unless terminated earlier in accordance with Section 17, below. The term of
this Agreement may be extended for two 1-year periods upon a writing executed by the City
Manager and City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold 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.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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
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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.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Insurance coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply sepa rately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability Insurance: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3) Workers’ Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) Insurance- appropriate to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
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10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2) Primary Coverage- for any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3) Notice of Cancellation- each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation, which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-made
basis:
1) The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the
Consultant must purchase “extended reporting” coverage for a minimum of five (5)
years after completion of contract work.
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Non-Fed Funding (6.1.2020)
H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
I. Subcontractors- Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that City
is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances- City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. 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.
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Non-Fed Funding (6.1.2020)
10. 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 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.
11. 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 inf ormation 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.
12. 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.
13. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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Non-Fed Funding (6.1.2020)
14. 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 is not embodied herein.
15. 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.
16. 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(s) 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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Non-Fed Funding (6.1.2020)
18. 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.
19. 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. 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
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Non-Fed Funding (6.1.2020)
With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
Amber Costello, President
Monument ROW
200 Spectrum Center, Suite 300
Irvine, CA 92618
Office: 800-577-0109
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) d ays 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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
City Council 18 –103 11/16/2021
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Non-Fed Funding (6.1.2020)
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Amber Costello
President
City Council 18 –104 11/16/2021
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Non-Fed Funding (6.1.2020)
EXHIBIT A
SCOPE OF SERVICES
City Council 18 –105 11/16/2021
City of Santa Ana RFP 21-075
Page A1-1
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO. 21-075
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified
Right of Way Specialty firms to provide On-Call Right of Way Specialty services on an
as-needed or “on-call” basis.
From the proposals received, it is the City’s goal to select one or more firms to enter into an
agreement(s) with. The capital improvement projects needing the right-of-way services include,
but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street
Improvements.
The services being considered for contract are the following “Specialty Areas”:
Specialty Areas Maximum Contract
Aggregate Amount
A Acquisition/Relocation $300,000
B Property Management Services $148,000
C Property Appraisal Services $148,000
D Business Goodwill Appraisal Services $148,000
E Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the proposals
received, it is the City’s goal to select one to two firms for each of the specialty services (A, B,
C, D, and E). The City will enter into separate agreements (the “Agreement”) with each of these
firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be
distributed among these firms based upon their ability to perform the required work within the
project schedule and budget constraints. A detailed scope of work and corresponding fee will be
outlined when a specific task is assigned to a consultant. The City reserves the right to distribute
the work in any manner which will best serve the City’s interests.
Right of way firms are welcome to submit proposals for all Specialty Areas. However, the firm
providing the Specialty Service for the selected parcels will not be selected for a different
Specialty Service for the same parcels.
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City Council 18 –106 11/16/2021
City of Santa Ana RFP 21-075
Page A1-2
MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
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Page A1-3
The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
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City of Santa Ana RFP 21-075
Page A1-4
SPECIALITY AREA A
ACQUISITION & RELOCATION SERVICES
Acquisition Consultant Responsibilities
“Good faith negotiations” with property owners for the purchase of right-of-way based on
values established in the reviewed and approved appraisals.
Adherence to all professional standards including the Caltrans Right-of-Way Manual and
all applicable laws and regulations.
Preparation of all written correspondence, applicable forms and City’s standard purchase
agreement.
Coordination with City staff.
Performance of notary services related to the signing of acquisition documents.
Escrow coordination with Agency’s selected title company.
Completion of final close-out work per Caltrans requirements.
Maintenance of all acquisition files including acquisition diaries.
Acquisition Consultant Responsibilities under the Uniform Act
Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
Expeditious acquisition within 30 days of approved appraisal.
First Written Offer should be presented in person when possible.
Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
Owner to be given reasonable time to consider City’s offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts)
Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
Preparation of Administrative Settlements when it is reasonable and in the public interest.
Diary entries including confirmation of delivering Title VI information.
Acquisition Consultant Tasks
Meet with City staff to discuss assignments and procedures.
Perform the services required by the City with qualified personnel, equipment, materials,
supplies, and management and administration services.
All personnel and subcontractors, referred to as “Approved Personnel”, shall be approved
by City, prior to providing services. There shall be no changes in the Approved Personnel
without written concurrence of the City.
Prepare and maintain a schedule of major activities and milestones and provide an estimate
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City Council 18 –109 11/16/2021
City of Santa Ana RFP 21-075
Page A1-5
of the cost to conduct proposed assignments including assignments to subcontractors.
Upon City’s written approval of the estimated cost, initiate the assignment in a timely
manner.
Present strategies for negotiating successfully and reach agreements with Property Owners
and their representatives and to close the acquisition Process.
Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
As deemed necessary by the City, meet with the City and other staff as requested.
Prepare, monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
Coordinate with the appraisers for site inspections.
Review appraisal reports to ensure conformity with the environmental document and the
Right-of-Way (ROW) Map.
Prepare and assemble the “Offer Package” using the format approved by the City for City
signature.
Meet and present written purchase offers to property owners as directed by staff.
Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
Supplement negotiations by obtaining and reviewing counter offers or demands from
property owners, recommendations for settlements, coordinating with the agency to
review and discuss all possible solutions and problems, including condemnation.
Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
Obtain property owners’ signature on the Purchase & Sale Agreements (PSA)
Obtain re-conveyance and subordination agreements as necessary. Maintain an accurate
and current record of all-pertinent information and contacts concerning the property
owners and tenants.
Assist City in condemnation support activities.
Open escrow after execution of PSA by the City and coordinate closely with title and
escrow companies to ensure escrow is closed on-time and properly.
Coordinate with lenders and escrow companies to obtain partial re-conveyance for part
take acquisitions and obtain approval for close of escrow.
Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor’s parcel map (APN) and all other important information
required to monitor progress of acquisition cases.
Relocation Services
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title
25, California Code of Regulations, its amendments, and other pertinent laws and regulations.
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City of Santa Ana RFP 21-075
Page A1-6
Prepare relocation plans, relocation guidelines, relocation cost estimates, project area surveys
and other specialized reports. Consultant’s relocation services include, but are not limited to the
following:
General Relocation Services
Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City’s written approval of the estimated cost, initiate the assignment in a timely manner.
Provide relocation advisory services.
Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process.
Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City.
Document and log all contacts and activities.
Prepare and distribute informational brochures and other required notices.
Determine each displacee’s eligibility for relocation; prepare an estimated timeline and
list of benefits. All Notice of Eviction’s (NOE) must be reviewed by the City prior to
presentation to displacee.
Prepare “Relocation Claim Package” in accordance with City approved format.
Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit
calculations per Caltrans standards, assignment of benefit forms signed by all parties and
the consultant, W9 to match the name of the claimant as appears on the claim form. All
claims must include the (NOE).
Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
Consultant must practice a system of “checks & balances” for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
Obtain moving bids and prepare estimate of benefits.
Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings.
Residential Relocation Services
Prepare residential relocation claims and submit to the City for approval and payment
Personally inspect replacement dwellings and/or buildings and sites to determine if they
are safe and meet sanitary regulatory requirements
Coordinate the move with displace
Prepare certification of abandonment and submit to the City
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City Council 18 –111 11/16/2021
City of Santa Ana RFP 21-075
Page A1-7
Business Relocation Services
Conduct interviews and establish eligibility for relocation benefits.
Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of personal property, accompany the appraiser if requested.
Coordinate with real estate appraiser to ensure there’s no duplication of benefits,
accompany the appraiser if requested.
Coordinate with business goodwill appraiser and provide necessary assistance.
Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
Determine eligibility for in-lieu payment.
Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties.
Determine actual and reasonable search expenses.
Arrange for a final walk-through inspection of the property with displacee.
Coordinate and monitor the move to ensure City purchased items are not part of the move.
When personal FF&E is purchased from tenants, consultant must assist the City for bulk
sale of the purchased items.
Prepare final claim, certification of abandonment and submit to the City.
Construction and Moving Bid Services
Movers
Conduct on site inventory and photos.
Complete certified inventory and mover instruction form.
Schedule and coordinate bids.
Attend site inspection, if necessary.
Contractors:
Verify licensing
Prepare mover instruction form
Schedule and coordinate bids
Attend site inspection, if necessary
Review and compare bids
Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and
Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation
Plan is to provide the City with summary and statistical information regarding the impact of a
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City of Santa Ana RFP 21-075
Page A1-8
project to potential displaced people. Specifically, this report shall identify potential impacts that
may occur as a result of the demolition of existing structures, proposed displacement of occupants,
and a plan to mitigate respective impacts.
The Relocation Plan shall include:
Description of the proposed project and project location
Assessment of needs
Replacement housing resources
Residential and commercial displacements
Temporary housing (if applicable)
Program assurances and standards
Relocation assistance program
Citizen participation and plan review period
Description of relocation benefits
Eviction policies and procedures
Appeals and grievance procedures
Displacement schedule
Estimated relocation costs
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Non-Fed Funding (6.1.2020)
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 18 –114 11/16/2021
SECTION 3 FEE PROPOSAL
MONUMENT RIGHT-OF-WAY
2021 HOURLY SCHEDULE
Right-of-Way Management & Implementation
Principal-in-Charge $250.00 per hour
Project Manager $165.00 per hour
Senior Acquisition/Relocation Agent $115.00 per hour
Acquisition/Relocation Agent $105.00 per hour
Project Specialist $75.00 per hour
Preliminary Fee Schedule (by Task)
Task Est. Hours
(per report/case)
Fee
Full Take Acquisition 20 to 30 hours $2,250 to $3,450 p/report
Part Take Acquisition 25 to 40 hours $2875 to $4,600 p/report
Residential Relocation 25 to 30 hours $2,250 to $3,500 p/case
Business Relocation 40 to 60 hours $4,000 to $6,500 p/case
City Council 18 –115 11/16/2021
Page 1
Non-Fed Funding (6.1.2020)
AGREEMENT TO PROVIDE ON-CALL
ACQUISITION AND RELOCATION SERVICES
FOR THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 16th day of November, 2021 by and
between Overland, Pacific & Cutler LLC, a Delaware limited liability company registered to do
business in California (“Consultant”), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
(“City”).
RECITALS
A.The City desires to retain a consultant having special skill and knowledge in the field of
acquisition and relocation services on an as needed basis.
B.Consultant represents that Consultant is able and willing to provide such services to the
City.
C.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Consultant shall perform the services
described in the scope of work that was included in RFP No. 21-075, which is attached as Exhibit
A, and as more specifically delineated in Consultant’s proposal, which is incorporated herein
by reference.
2.COMPENSATION
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of two (2) consultants selected to provide acquisition and relocation
services on an on-call basis under RFP 21-075. The total compensation for these
services provided by all such consultants selected under RFP 21-075 shall not exceed
the shared aggregate amount of five hundred thousand dollars and zero cents
($500,000.00) during the term of the Agreement, including any extension periods.
b.Payment by City shall be made within 45 days (forty-five) 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
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set forth in the Recitals, which may reasonably be expected by City.
3.TERM
This Agreement shall commence on the date first written above and terminate on
November 15, 2024, unless terminated earlier in accordance with Section 17, below. The term of
this Agreement may be extended for two 1-year periods upon a writing executed by the City
Manager and City Attorney.
4.PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, 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. If the services
being performed are part of an applicable “public works” or “maintenance” project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold 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.
5.INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6.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
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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.
7. MINIMUM INSURANCE REQUIREMENTS
A. Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
B. Insurance coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply sepa rately to this project/location or
the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability Insurance: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired)
and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury
and property damage.
3) Workers’ Compensation Insurance- as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
4) Professional Liability (Errors and Omissions) Insurance- appropriate to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
C. If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City.
D. Other Insurance Provisions- the insurance policies are to contain, or be endorsed to contain,
the following provisions:
1) Additional Insured Status- the City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with respect
to liability arising out of work or operations performed by or on behalf of the
Consultant including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20
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10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms
if later revisions used).
2) Primary Coverage- for any claims related to this contract, the Consultant’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Consultant’s insurance
and shall not contribute with it.
3) Notice of Cancellation- each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4) Waiver of Subrogation- Consultant hereby grants to City a waiver of any right to
subrogation which any insurer of said Consultant may acquire against the City by
virtue of the payment of any loss under such insurance. Consultant agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and approved by the
City. The City may require the Consultant to purchase coverage with a lower retention or
provide proof of ability to pay losses and related investigations, claim administration, and
defense expenses within the retention. The policy language shall provide, or be endorsed
to provide, that the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to conduct
business in the state with a current A.M. Best’s rating of no less than A:VII, unless
otherwise acceptable to the City.
G. Claims Made Policies- If any of the required policies provide coverage on a claims-made
basis:
1) The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2) Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the
Consultant must purchase “extended reporting” coverage for a minimum of five (5)
years after completion of contract work.
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H. Verification of Coverage- Consultant shall furnish the City with original Certificates of
Insurance including all required amendatory endorsements (or copies of the applicable
policy language effecting coverage required by this clause) and a copy of the Declarations
and Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
I. Subcontractors- Consultant shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor shall ensure that City
is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances- City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or
other special circumstances.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. 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.
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10.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 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.
11.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 inf ormation 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.
12.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.
13.NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
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14. 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 is not embodied herein.
15. 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.
16. 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(s) 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
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18. 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.
19. 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.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. 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
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With courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:
Overland, Pacific & Cutler, LLC.
Attention: Brian Everette, CEO
5000 Airport Plaza Dr., Suite 250
Long Beach, California 90808
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) d ays 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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[Signatures continue on the next page]
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APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
Brian Everett
CEO
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EXHIBIT A
SCOPE OF SERVICES
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Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL RIGHT OF WAY SPECIALTY SERVICES
RFP NO. 21-075
INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified
Right of Way Specialty firms to provide On-Call Right of Way Specialty services on an
as-needed or “on-call” basis.
From the proposals received, it is the City’s goal to select one or more firms to enter into an
agreement(s) with. The capital improvement projects needing the right-of-way services include,
but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street
Improvements.
The services being considered for contract are the following “Specialty Areas”:
Specialty Areas Maximum Contract
Aggregate Amount
A Acquisition/Relocation $300,000
B Property Management Services $148,000
C Property Appraisal Services $148,000
D Business Goodwill Appraisal Services $148,000
E Furniture, Fixtures and Equipment Appraisal
Services
$148,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above.
Each Specialty Area shall be submitted individually in response to the RFP. From the proposals
received, it is the City’s goal to select one to two firms for each of the specialty services (A, B,
C, D, and E). The City will enter into separate agreements (the “Agreement”) with each of these
firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be
distributed among these firms based upon their ability to perform the required work within the
project schedule and budget constraints. A detailed scope of work and corresponding fee will be
outlined when a specific task is assigned to a consultant. The City reserves the right to distribute
the work in any manner which will best serve the City’s interests.
Right of way firms are welcome to submit proposals for all Specialty Areas. However, the firm
providing the Specialty Service for the selected parcels will not be selected for a different
Specialty Service for the same parcels.
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MINIMUM QUALIFICATIONS
Consultants must demonstrate the minimum qualifications as established in the California
Department of Transportation (Caltrans) Right of Way Manual which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.
Consultants must demonstrate ability to have successfully negotiated and closed escrow on
acquisition of parcels and minimized the eminent domain process on similar projects.
DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana
staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with
the Statement of Work prior to submitting a response to this Request for Proposal (RFP).
The Consultant shall perform work to produce a high quality, professional and complete
work product.
Consultant must have experience with State and federally funded projects. All work shall
be performed in conformance with all applicable regulations, policies, procedures and
standards.
All acquisition/relocation agents, performing work for the City, must hold a valid
California Real Estate License. Salespersons must be registered with the California
Department of Real Estate (DRE), as working solely under the Consultant’s supervising
broker of record.
Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and performing analysis
o information gathering
o negotiations
o developing strategies
o prepare memos and letters
o attend community meetings as needed
The Consultant shall carry out the instructions received from the City and shall cooperate
with the City and other agencies.
The Consultant has total responsibility for the accuracy and completeness of the work
produced. The work will be reviewed by the City for conformity with the requirements of
the Agreement. Reviews by the City may NOT include a detailed review for the accuracy
of items submitted. The responsibility for accuracy and completeness of such items
remains solely that of the Consultant.
The Consultant shall be responsible for coordination and supervision of all work
performed by its sub-consultants. The Consultant shall review all work performed by its
sub-consultants and the responsibility for accuracy and completeness of work performed
remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.
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The Consultant shall have a Quality Control Plan in effect during the entire time work is
being performed under the Agreement. The Quality Control Plan shall establish a process
whereby work products are independently checked, corrected and back checked. All
project related correspondences and documents shall be maintained and bound in
appropriate project files. Additionally, all electronic files shall conform to the City’s file
naming system.
The Consultant shall diligently work on each assignment and complete each task in
accordance with the schedule and accommodate the City’s needs.
The Consultant’s work will be subject to inspection and audit by City, County, State and
Federal representatives
Consultant’s Project Manager and critical staff must attend the monthly meetings with
City Staff and other consultants requested by the City to review project progress, the
schedule and any critical issues/items and the follow up action items necessary. All status
reports must be submitted ahead of the meetings.
Consultant must prepare a Weekly Status report and submit to the City. Format and
specific items of each status report must be reviewed and approved by the City.
Consultant must maintain electronic files of all the project parcels and correspondence
including all reports generated by other related consultants required to perform
acquisition/relocation and property management services.
All electronic submittals of files must be through a shared folder. Consultant must upload
and keep current the project parcel information and files in the shared folder established
for the project.
Consultant must prepare electronic files of the parcels according to the Caltrans Review
Process for right-of-way Certification.
Project files including copies of all correspondences, reports, documents, and electronic
files shall be submitted to the City when requested and electronically updated as requested
by the City.
All work, including reports, analysis, data, and intellectual properties developed during
the life of the Agreement shall become the properties of the City.
The Consultant will receive written notification of the award of the contract. Upon such
notification, the Consultant will proceed with the services required by the Agreement.
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SPECIALITY AREA A
ACQUISITION & RELOCATION SERVICES
Acquisition Consultant Responsibilities
“Good faith negotiations” with property owners for the purchase of right-of-way based on
values established in the reviewed and approved appraisals.
Adherence to all professional standards including the Caltrans Right-of-Way Manual and
all applicable laws and regulations.
Preparation of all written correspondence, applicable forms and City’s standard purchase
agreement.
Coordination with City staff.
Performance of notary services related to the signing of acquisition documents.
Escrow coordination with Agency’s selected title company.
Completion of final close-out work per Caltrans requirements.
Maintenance of all acquisition files including acquisition diaries.
Acquisition Consultant Responsibilities under the Uniform Act
Ensure establishment of just compensation by local agency prior to initiation of
negotiations.
Expeditious acquisition within 30 days of approved appraisal.
First Written Offer should be presented in person when possible.
Caltrans requires that a copy of the appraisal report shall be provided to the owner with
the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this
case.
Owner to be given reasonable time to consider City’s offer and present material relevant
to value determination (i.e., 30 days and a minimum of 3 contacts)
Payment is required before taking possession unless date of possession clause is used in
contract. Agency is responsible for payment of all incidental expenses (title, escrow,
surveys, prepayment penalties)
Preparation of Administrative Settlements when it is reasonable and in the public interest.
Diary entries including confirmation of delivering Title VI information.
Acquisition Consultant Tasks
Meet with City staff to discuss assignments and procedures.
Perform the services required by the City with qualified personnel, equipment, materials,
supplies, and management and administration services.
All personnel and subcontractors, referred to as “Approved Personnel”, shall be approved
by City, prior to providing services. There shall be no changes in the Approved Personnel
without written concurrence of the City.
Prepare and maintain a schedule of major activities and milestones and provide an estimate
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of the cost to conduct proposed assignments including assignments to subcontractors.
Upon City’s written approval of the estimated cost, initiate the assignment in a timely
manner.
Present strategies for negotiating successfully and reach agreements with Property Owners
and their representatives and to close the acquisition Process.
Be responsible for the accuracy of work and promptly make all necessary revisions or
corrections resulting from errors and omissions by Approved Personnel.
As deemed necessary by the City, meet with the City and other staff as requested.
Prepare, monitor and maintain all files (electronic as well as hard copy) to ensure overall
project integrity.
Coordinate with the appraisers for site inspections.
Review appraisal reports to ensure conformity with the environmental document and the
Right-of-Way (ROW) Map.
Prepare and assemble the “Offer Package” using the format approved by the City for City
signature.
Meet and present written purchase offers to property owners as directed by staff.
Negotiate effectively with property owners, or businesses, tenants (or their appointed
representatives) to successfully obtain an agreement for the purchase and sale transaction.
Supplement negotiations by obtaining and reviewing counter offers or demands from
property owners, recommendations for settlements, coordinating with the agency to
review and discuss all possible solutions and problems, including condemnation.
Prepare all acquisition agreements, deeds and other documents necessary to complete the
acquisition.
Obtain property owners’ signature on the Purchase & Sale Agreements (PSA)
Obtain re-conveyance and subordination agreements as necessary. Maintain an accurate
and current record of all-pertinent information and contacts concerning the property
owners and tenants.
Assist City in condemnation support activities.
Open escrow after execution of PSA by the City and coordinate closely with title and
escrow companies to ensure escrow is closed on-time and properly.
Coordinate with lenders and escrow companies to obtain partial re-conveyance for part
take acquisitions and obtain approval for close of escrow.
Obtain recorded deeds and title insurance policies after close of escrow and maintain
appropriate reports for City.
Prepare and maintain a weekly status report of all cases identified by parcel number,
property owner, address, Assessor’s parcel map (APN) and all other important information
required to monitor progress of acquisition cases.
Relocation Services
Consultant shall provide a complete relocation assistance program to comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title
25, California Code of Regulations, its amendments, and other pertinent laws and regulations.
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Prepare relocation plans, relocation guidelines, relocation cost estimates, project area surveys
and other specialized reports. Consultant’s relocation services include, but are not limited to the
following:
General Relocation Services
Prepare and maintain a schedule of major activities and milestones for relocation. Upon
City’s written approval of the estimated cost, initiate the assignment in a timely manner.
Provide relocation advisory services.
Meet personally with each displacee to ascertain the nature and scope of relocation
assistance required, to inform the displacees of their rights, and to explain the relocation
process.
Prepare a weekly status report of relocation cases to be submitted to the City in a format
approved by the City.
Document and log all contacts and activities.
Prepare and distribute informational brochures and other required notices.
Determine each displacee’s eligibility for relocation; prepare an estimated timeline and
list of benefits. All Notice of Eviction’s (NOE) must be reviewed by the City prior to
presentation to displacee.
Prepare “Relocation Claim Package” in accordance with City approved format.
Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit
calculations per Caltrans standards, assignment of benefit forms signed by all parties and
the consultant, W9 to match the name of the claimant as appears on the claim form. All
claims must include the (NOE).
Relocation checks requested for pick up by consultant must be picked up by authorized
personnel from City with a signed receipt.
Consultant must practice a system of “checks & balances” for delivery of relocation
checks to recipients. It is suggested that checks be delivered by a different agent involved
in negotiating with the claimant.
Conduct appropriate searches for relocation replacement sites and provide relocation site
referrals to displacees
Obtain moving bids and prepare estimate of benefits.
Coordinate closely with Property Management consultant so that proper fencing, board
up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy
of the buildings.
Residential Relocation Services
Prepare residential relocation claims and submit to the City for approval and payment
Personally inspect replacement dwellings and/or buildings and sites to determine if they
are safe and meet sanitary regulatory requirements
Coordinate the move with displace
Prepare certification of abandonment and submit to the City
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Business Relocation Services
Conduct interviews and establish eligibility for relocation benefits.
Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an
inventory of personal property, accompany the appraiser if requested.
Coordinate with real estate appraiser to ensure there’s no duplication of benefits,
accompany the appraiser if requested.
Coordinate with business goodwill appraiser and provide necessary assistance.
Search and provide potential relocation sites to the businesses/tenants based on the type
of business and their needs.
Determine eligibility for in-lieu payment.
Prepare construction cost estimates to determine reasonable relocation benefits of
replacement properties.
Determine actual and reasonable search expenses.
Arrange for a final walk-through inspection of the property with displacee.
Coordinate and monitor the move to ensure City purchased items are not part of the move.
When personal FF&E is purchased from tenants, consultant must assist the City for bulk
sale of the purchased items.
Prepare final claim, certification of abandonment and submit to the City.
Construction and Moving Bid Services
Movers
Conduct on site inventory and photos.
Complete certified inventory and mover instruction form.
Schedule and coordinate bids.
Attend site inspection, if necessary.
Contractors:
Verify licensing
Prepare mover instruction form
Schedule and coordinate bids
Attend site inspection, if necessary
Review and compare bids
Evaluate for eligibility
Relocation Plan
Consultant shall prepare a Relocation Plan, in accordance with all requirements of State Law,
State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and
Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation
Plan is to provide the City with summary and statistical information regarding the impact of a
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project to potential displaced people. Specifically, this report shall identify potential impacts that
may occur as a result of the demolition of existing structures, proposed displacement of occupants,
and a plan to mitigate respective impacts.
The Relocation Plan shall include:
Description of the proposed project and project location
Assessment of needs
Replacement housing resources
Residential and commercial displacements
Temporary housing (if applicable)
Program assurances and standards
Relocation assistance program
Citizen participation and plan review period
Description of relocation benefits
Eviction policies and procedures
Appeals and grievance procedures
Displacement schedule
Estimated relocation costs
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Non-Fed Funding (6.1.2020)
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
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Enhancing Lives Through Infrastructure
opcservices.com
PAGE 5RFP #21-075 - On Call Right of Way Specialty ServicesCity of Santa AnaOPC
Management & Implementation
Program Manager $250.00
Senior Project Manager $150.00
Project Manager/Project Controls Manager $130.00
Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst/Project Coordinator $115.00
Acquisition Agent/Relocation Agent/Analyst $105.00
Project Support/Administrative
Project Support Specialist $75.00
Administrative Assistant $55.00
OPC’s Hourly Rates to provide Acquisition and Relocation are as follows:
Compensation/Payment Schedule
Standard Hourly Fee Schedule
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Enhancing Lives Through Infrastructure
opcservices.com
PAGE 6RFP #21-075 - On Call Right of Way Specialty ServicesCity of Santa AnaOPC
The following outlines OPC’s current billing terms.
OPC considers local travel/mileage, photocopying, first class postage, telephone, facsimile,
and mobile communication charges a normal part of doing business and such costs are
included in the stated hourly rates. Out-of-pocket expenses including pre-approved travel
and lodging, outside exhibit preparation, requested overnight courier or registered and/or
certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise
specified) are in addition to the contract amount and will be charged at cost plus ten percent
(+10%) for administration, coordination, and handling. Subcontracted services, other than
those listed above, will be invoiced at cost plus ten percent (+10%).
In the event OPC is required to perform any act in relation to litigation arising out of any project
with the Client (for example, expert consulting, responding to a complaint, or proceeding with
discovery and trial), such services are not part of this contract, nor are they part of our normal
fees. If required, these types of services will be invoiced at two (2) times the regular hourly
rates.
In the event this contract extends twelve (12) months beyond the initial date of execution,
the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five
percent (5%) per annum, compounded annually, on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be
billed separately based on quoted hourly rates by independent translation services. Verbal
communication in Spanish, if necessary, will be included at no additional charge.
OPC will submit monthly invoices for the professional and trade services rendered based
on the hourly rate schedule provided above. The client shall promptly pay the uncontested
amount due within no more than thirty (30) days after receipt of invoice.
Billing Terms
Billing Terms
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Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: San Lorenzo Sewage Lift Station
AGENDA TITLE
Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo
Sewage Lift Station Project (Project No. 06-3510) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Arch Insurance Company to
take over the San Lorenzo Sewage Lift Station Project and be responsible for the
completion of all work in accordance with the contract subject to non-substantive changes
approved by City Manager and City Attorney.
DISCUSSION
On October 1, 2019, the City Council awarded a contract to Rockforce Construction, LLC,
the lowest responsible bidder, in accordance with the base bid in the amount of
$7,606,500, for construction of the San Lorenzo Sewage Lift Station Project. The location
of this project is approximately 350 feet from the Northeast corner of Bristol Street and
Segerstrom Avenue.
Rockforce Construction met all inspection and testing requirements to complete
approximately 45 percent of the contract scope of work. However, due to their inability to
continue construction of the remaining project scope, Rockforce Construction defaulted
on the contract. In compliance with the Standard Specifications for Public Works
Construction (“Greenbook”), staff began the process of terminating the contract for
default. On August 16, 2021, staff terminated the contract and negotiated with Arch
Insurance Company to take over the project, as required by the Performance and
Payment Bonds.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review.
City Council 19 –1 11/16/2021
Execute Agreement with Arch Insurance Company
November 16, 2021
Page 2
2
2
2
6
FISCAL IMPACT
There is no fiscal impact associated with this action. The originally approved project cost
analysis will not change and the surety will be responsible for expenses related to the
transition and cost escalation of labor and materials.
EXHIBIT(S)
1. Takeover Agreement
2. Rockforce Staff Report - https://www.santa-
ana.org/sites/default/files/pw/documents/San_Lorenzo_Lift_Station_Project_Staff
_Report%2011_16_21.pdf
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 19 –2 11/16/2021
1
TAKEOVER AGREEMENT
PROJECT 06-3510
SAN LORENZO SEWAGE LIFT STATION PROJECT
I. RECITALS
1. The parties to this Takeover Agreement (“Agreement”) are ARCH
INSURANCE COMPANY (“Arch” or “Surety”) and the CITY OF SANTA ANA
(“Owner”). This Agreement is effective as of the date last signed by any party
(“Effective Date”).
2. Owner entered into a Contract (the “Contract”) with ROCKFORCE
CONSTRUCTION, LLC (“ROCKFORCE” or “Principal”) for ROCKFORCE to furnish
all labor and material and perform all work for the San Lorenzo Sewage Lift Station
project (the “Project”) in accordance with the terms and provisions of the Contract, a
copy of the Contract being attached hereto as Exhibit “A” and incorporated herein, including
all Contract Documents forming a part of the Contract, as enumerated in the Contract
and modifications, amendments and/or changes to the Contract effectuated prior to the
Effective Date of this Agreement. References herein to the “Contract” shall be deemed
to include references to all modifications, amendments and/or changes to the Contract
effectuated prior to the Effective Date of this Agreement.
3. As required by the Contract, Surety issued Performance and Payment
Bonds numbered SU1156899 identifying ROCKFORCE as the principal and Owner as
the obligee (the “Performance Bond” and “Payment Bond”), each of which are in the
Penal Sum equal to the Contract Price under the Contract of $7,606,500 copies of these
Bonds being attached hereto as Exhibit “B”, respectively, and incorporated herein;
4. On August 16, 2021, Owner terminated the Contract for ROCKFORCE’s
defaults thereunder, and the Notice of Termination for Breach being attached hereto as
Exhibit “C” and incorporated herein. The Owner subsequently made demand upon the
Performance Bond for Arch to complete the Project.
5. As of the date of ROCKFORCE’s default under the Contract, certain
work and other obligations of ROCKFORCE remain to be performed under the
Contract.
6. Surety acknowledges its obligations under the Performance Bond to
perform and complete the Remaining Work/Obligations upon ROCKFORCE’s default
and termination by the Owner; accordingly, Surety agrees to complete the Remaining
Work/Obligations by retaining one or more Completion Contractor, subject to written
approval by Owner, to complete the Remaining Work/Obligations under the Contract, in
accordance with the terms, conditions and other requirements of the Contract, subject to
the terms and conditions of the Performance Bond and this Agreement.
7. The Owner acknowledges that Arch is acting in its capacity as the Surety
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2
for ROCKFORCE in making arrangements for the performance and completion of the
Remaining Work/Obligations.
NOW, THEREFORE, based on the exchange of valuable consideration, including
the covenants and conditions of this Agreement, the receipt and sufficiency of which is
acknowledged, and based on the Recitals set forth above which form a part of this
Agreement, Surety and Owner agree to the following terms and conditions:
II. TERMS AND CONDITIONS
1. Recitals. The above Recitals and the Terms and Conditions herein are
contractual and not merely recitals and the agreements contained herein and
consideration transferred are to satisfy the rights and obligations between Owner and
Surety, except as to claims reserved by this Agreement.
2. Incorporation of the Contract. The Contract is incorporated by reference
into this Agreement, including the Contract Documents, including but not limited to, any
Addendum (which pertains to the Contract Documents), Notice Inviting Bids,
Instructions to Bidders, Bid (including documentation accompanying the Bid and any
post-bid documentation submitted prior to the Notice of Award) when attached as an
exhibit to the Contract, the Bonds, permits, the Special Provisions, the Plans, Standard
Plans, Standard Specifications, Reference Specifications, and all Modifications issued
after the execution of the Contract All terms of the Contract are incorporated herein,
3. The Balance of the Contract Sum. Arch will procure the performance of
the Remaining Work relying on, among other things, the Owner’s representation that the
outstanding earned and unpaid Contract funds in the amount of $4,324,389.00 shall be
paid to Arch. The Owner represents that the Balance of the Contract Sum as follows:
Contract Price: $7,606,500.00
Approved Change Orders: $ 61,803.00
Current Contract Price: $7,668,303.00
Amount Paid to Principal: $3,343,914.00
“Balance of the Contract Sum”: $4,324,389.00
Owner agrees that the Balance of the Contract Sum is dedicated to and will be paid to
Arch for the completion of the Remaining Work pursuant to this Agreement. The Balance
of the Contract Sum includes $183,794.55 in retention, which shall be released to Arch
pursuant to the terms of the Contract. Arch expressly reserves the right to verify all
Contract fund accountings and to request the appropriate adjustments from the Owner
and/or its representatives. The Balance of the Contract Sum shall be increased by the
value of future Change Orders subsequently approved by Owner.
4. Surety to Perform Remaining Work. Surety shall be responsible for the
completion of all Work in accordance with the entire Contract. Surety shall perform the
Remaining Work through one or more completion contractors (hereinafter “Completion
Contractor”), subject to written approval by the Owner, which Surety shall engage
City Council 19 –4 11/16/2021
3
pursuant to the terms of a separate agreement. Owner hereby acknowledges that Surety
is not acting as a contractor and is not licensed as a contractor in the State of California,
and hereby agrees to fully and forever waive and release any and all claims that Owner
might allege against Surety on the grounds that Surety is an unlicensed contractor for the
work performed pursuant to the Agreement.
5. Owner’s Rights and Obligations Under the Contract. Except to the extent
provided in this Agreement, Owner shall have all rights, obligations and responsibilities
under the Contract with respect to Surety, to the reasonable extent and effect as if Surety
had executed the Contract.
6. Owner’s Right With Respect to Changes in the Work. Owner reserves the
right, to the extent appropriate under the Contract and this Agreement, to issue Change
Orders. The terms of these Change Orders, including attendant extensions of time and
valuation of Change Order work, shall be determined as provided in the Contract. Surety
reserves the right to refuse to perform any extra or additional work if such work
constitutes a cardinal change under the Contract. Owner reserves the right to dispute that
the extra or additional work constitutes a cardinal change and to immediately submit the
dispute to mediation with a mutually agreeable mediator followed, if necessary, by legal
action, including but not limited to any appropriate injunctive or other equitable relief.
7. Schedule for Completion of Remaining Work and New Completion Date.
Within ten (10) calendar days after the Effective Date of this Agreement, Completion
Contractor shall furnish to Owner all insurance certificates and other proofs of insurance
required by the Contract, prior to starting work. The Owner will give a Notice to Proceed
after all insurance requirements of the Contract have been met. Within thirty (30) days
after the Notice to Proceed is issued, Surety and Owner will agree upon the “Takeover
Final Completion Date” by which Surety shall complete the Project. Owner waives any
right to liquidated damages permitted under the Contract accruing prior to the “Takeover
Final Completion Date,” but retains the right to assess liquidated damages if the Surety
does not complete the Project by the Takeover Final Completion Date, subject to claims
by Surety for excusable and/or compensable delay, at the rate of $1,500 per calendar day,
and at Owner’s discretion. If assessed by the Owner, Arch shall be liable for liquidated
damages after the Takeover Final Completion Date.
8. Completion Contractor. The Completion Contractor shall be a contractor
to the Surety, and no contractual relationship shall exist between Owner and Completion
Contractor pursuant to this Agreement. Insurance and license requirements for the
Completion Contractor shall be in accordance with the Contract Documents. The
Completion Contractor shall not be required to procure new surety bonds identifying the
Owner as obligee. Owner acknowledges that, subject to the terms of the Contract, the
Completion Contractor is authorized to make routine day-to-day decisions regarding the
operation and manner of performing the Remaining Work, but does not have authority to:
(i) agree to any changes in the Contract or Remaining Work other than minor design
changes or clarifications that do not increase the Project’s cost nor extend its schedule (ii)
agree to any Change Orders; (iii) agree to any back charges or deductions of any nature;
City Council 19 –5 11/16/2021
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(iv) agree to any schedule changes; or (v) agree to any adjustments in the Contract
amount or Remaining Work other than minor design changes or clarifications that do not
increase the Project’s cost nor extend its schedule , without the Surety’s prior express
written consent which shall be delivered to Owner as a condition precedent to the
Completion Contractor negotiating items (i) through (v), such consent not to be
unreasonably withheld. The Remaining Work shall be subject to inspection and
acceptance by the Owner and applicable federal, state and local agencies with
jurisdiction, as provided in the Contract. The Owner shall forward concurrently to Surety
(by U.S. Mail or email as appropriate), a copy of all its written communications directed
to the Completion Contractor.
9. Surety Representative. All communications and administration will be
between the Owner and the Surety and its consultant, Richard Tropp of J.S. Held, LLC
(the “Consultant”). The Surety hereby designates and authorizes Consultant to sign, on
Surety’s behalf, any instrument which is required, or may be requested, by the Owner in
connection with the administration of the Contract.
10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby
confirms that Arch’s liability and obligation hereunder shall not extend beyond the penal
sum of its Performance Bond. All payments made by Arch previously, and those made in
the future, have been and will be credited against the penal sum of the Performance
Bond, less the amount paid to Arch under the Contract and this Agreement. Neither this
Agreement nor any other Arch act constitutes a waiver of such penal sum or an increase
in the liability of Arch under the Performance Bond.
11. Payment Bond and Payment Bond Claims. The Payment Bond shall
remain in full force and effect in accordance with its terms and provisions. The total
liability of the Surety under the Payment Bond is limited to and shall not exceed the penal
sum of the Payment Bond.
12. Payment Requisitions. Surety, through its Completion Contractor, shall
submit to Owner whatever information or documentation is required regarding the work
performed under the Contract, to conform and support the requisition process and
schedule established under the Contract. Owner recognizes that Surety shall be
completing the Remaining Work through the services of the Completion Contractor.
Subject to requirements of the Contract Documents, Owner shall accept the Completion
Contractor’s work, progress of the work, quality of the work, conformance of the work to
the requirements of the Contract, payments to others, warranty and maintenance of the
work, and all other matters pertinent to the Contract, wherever such representations are
required by the Contract, as if those representations had been made by Surety, since
Surety may have no personal knowledge of such matters.
13. Satisfaction of Surety’s Performance Obligation. Surety’s satisfaction of
its obligations under the Contract, the Bonds and this Agreement or Surety’s expenditure
of the Performance Bond Penal Sum, whichever comes first, shall satisfy Surety’s
performance obligations under the Contract, its Performance Bond and this Agreement.
Owner represents that Principal would have been required to complete all of its
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obligations under the Contract had Principal not been declared to be in default and that,
prior to the date of this Agreement and other than approved changed orders, Owner had
not made any agreement with Principal that any item of work included in the Contract
would not have to be performed.
14. Notices. All notices and correspondence to Owner, other than routine
email correspondence, shall be mailed, with a copy by email, to:
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
nsaba@santa-ana.org
with copy to:
City Attorney
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
jfunk@santa-ana.org
All notices and correspondence to Surety, other than routine email correspondence, shall
be mailed and emailed to:
Susan D. Neff, Esq.
Senior Surety Counsel
Arch Insurance Company
865 S. Figueroa Street, Suite 2700
Los Angeles, California 90017
sneff@archinsurance.com
With a copy to:
Christopher Bunge
Watt, Tieder, Hoffar & Fitzgerald, LLP
4 Park Plaza, Suite 1000
Irvine, California 92614
cbunge@watttieder.com
and
Richard Tropp
J.S. Held, LLC
1701 Quail Street, Suite 200
City Council 19 –7 11/16/2021
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Newport Beach, California 92660
rtropp@jsheld.com
15. No Third-Party Rights. Nothing in this Agreement shall be deemed to
create any rights in favor of, or to inure to the benefit of, any third parties, or to waive or
release any defense or limitation against third party claims.
16. All Claims Referred to Surety. Owner recognizes that Surety may be
liable to unpaid suppliers and subcontractors of Principal. Other than as required by law,
Owner agrees to make no representations or promises of payment to these suppliers and
subcontractors and to refer all inquiries to Surety.
17. Surety’s Performance Rights Confirmed. Nothing shall limit Surety’s
rights as a Completing Surety under the Contract and applicable law. Owner hereby
recognizes those rights, including the right of equitable subrogation. Further, Owner
recognizes Surety’s rights as a performing Surety under the Contract, including the right
to additional compensation or damages where allowed or appropriate under the Contract
or applicable law for claims or matters arising after the date of this Agreement. The
Owner expressly agrees and acknowledges: (i) that Surety is entering into this
Agreement not as a contractor, but as a means of satisfying the Surety’s performance
bond obligations; (ii) that the Surety has provided to Owner the Completion Contractor, a
licensed contractor, to finish the Project; and (iii) that the Owner hereby forever releases
and discharges any and all claims that the Surety as an unlicensed contractor.
18. Agreement Binding on Successors. This Agreement shall be binding upon
the successors and assignees of Surety and Owner. Surety shall not assign this
Agreement without the written consent of Owner. Assignment without such written
consent shall be void.
19. No Modification Except in Writing. This Agreement cannot be modified
except in a writing signed by both Owner and Surety.
20. This Agreement Controls. In case of conflict between the provisions of
this Agreement and the provisions of the Contract and/or Performance and Payment
Bonds, this Agreement shall control. Notwithstanding any other provision herein, this
Agreement shall not be interpreted to limit any of the Owner’s rights under the Contract
or the Performance Bond. Further, this Agreement, the Contract and the Performance
and Payment Bonds constitute the entire Agreement between Owner and Surety and,
together, supersede all prior negotiations, representations, offers, other writings and oral
statements of every description.
21. Construction and Application of Law. The parties stipulate that this
Agreement and all agreements or documents incorporated herein shall not be subject to
the rule of construction that a written agreement is construed against the party preparing
or drafting that Agreement. The parties also agree that this Agreement and its
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performance shall be governed by and construed in accordance with all applicable local,
state, and federal laws, regulations, rules, and ordinances.
22. Validity. The provisions of this Agreement shall be applied and
interpreted in a manner consistent with each other so as to carry out the purposes and
intent of the parties, but if for any reason any provision is unenforceable or invalid, such
provision shall be deemed severed from this Agreement and the remaining provisions
shall be carried out with the same force and effect as if the severed provision had not
been a part of this Agreement. The headings of the Paragraphs are included solely for
convenience of reference, and if there is any conflict between such headings and the text
of Agreement, the Agreement shall control. This Agreement shall be governed by the
laws of the State of California.
23. No Waiver. The failure of either party to exercise in any respect a right
provided for in this Agreement shall not be deemed to be a subsequent waiver of the
same right or of any other right.
24. Counterparts/Facsimile. This Agreement may be executed in any number
of counterparts each of which, when executed and delivered, shall be deemed to be an
original with all the counterparts constituting but one and the same instrument.
Additionally, facsimile signature shall bind the undersigned.
25. Reservation of Rights. Notwithstanding any contrary statement or
provision of this Agreement, nothing contained herein nor any payments made pursuant
hereto nor any performance hereunder shall constitute a waiver of any claims by any
party to this Agreement.
26. Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that, by so executing this Agreement, the parties hereto are formally bound to
the provisions of this Agreement.
27. Applicable Laws. In performing its obligations and duties under this
Agreement, each party shall comply with all applicable local, state, and federal laws,
regulations, rules, and ordinances.
28. Attorneys’ Fees. In the event any action is brought between the parties
hereto relating to this Agreement or the breach thereof, the prevailing party in such action
shall be entitled to recover from the other party reasonable expenses, attorneys’ fees and
costs in connection with such action or proceeding.
[Signatures on following page.]
City Council 19 –9 11/16/2021
APPROVED AS TO FORM:Sonia R. Carvalho, City Attorney
__________________________By: John M. FunkSenior Assistant City Attorney
City Council 19 –10 11/16/2021
EXHIBIT A
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City Council 19 –15 11/16/2021
City Council 19 –16 11/16/2021
City Council 19 –17 11/16/2021
City Council 19 –18 11/16/2021
Finance and Management Services
www.santa-ana.org/finance
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Debit and Credit Card Merchant Payment Processing Services
AGENDA TITLE:
Approve Renewal Agreement with TSYS Merchant Solutions, LLC, DBA Global
Payments, for Debit and Credit Card Merchant Payment Processing Services, including
Europay, MasterCard, Visa and e-Commerce Gateway Transaction Integration and
Support in the Amount not to Exceed $172,500, which Includes a General Contingency
of $22,500
RECOMMENDED ACTION
Authorize the City Manager to execute a renewal agreement with TSYS Merchant
Solutions, LLC, DBA Global Payments, for debit and credit card payment processing
services, including Europay, MasterCard, and Visa and e-Commerce gateway transaction
integration and support in an amount not to exceed $172,500, which includes a general
contingency of $22,500. The renewal agreement shall commence November 16, 2021,
and expire June 30, 2022, and will cover all services provided by Consultant since July
1, 2021, subject to non-substantive changes approved by City Manager and City Attorney.
DISCUSSION
The Treasury & Customer Service Division (“Treasury”) of the Finance & Management
Services Agency (“FMSA”) is responsible for maintaining all banking related services for
the City. A component of banking is debit and credit card merchant payment processing
services. Since 1997, City of Santa Ana residents have been able to use debit and credit
cards to pay City of Santa Ana taxes, permits, fees, fines, and other charges due for City
services. Acceptance of a debit and/or credit card payment requires and involves using
a merchant service company such as TSYS Merchant Solutions, LLC, DBA Global
Payments (“TSYS”). MasterCard and Visa payment transactions are presented by TSYS
on behalf of the City for all credit card payments made at City facilities, including but not
limited to: City Hall Cashiering Counters, Police Department Traffic and Records
Divisions, and the Santa Ana Zoo.
On March 12, 2012, the City Council authorized a moratorium on the imposition of City
debit and credit card processing fees to promote electronic payments and attract more
online payments by customers; and in March 2013, Treasury negotiated a significant
reduction of the TSYS discount fee from 1.5% to 0%, which has helped the City offset
City Council 20 –1 11/16/2021
Award Renewal Agreement with TSYS, DBA Global Payments
November 16, 2021
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City expenditures. TSYS has agreed to maintain the reduced rate for the term of the
agreement. The rapid growth and popularity of debit and credit card payments made by
residents and businesses; in Fiscal Year 2020-21 there were over 41,000 debit and credit
card payment transactions at City facilities (up approximately 5,000 transactions over FY
2019-20), which totaled over $5.6 million (up approximately $535,000 over FY 2019-20)
in collections of City taxes, permits, fees, fines, and other charges due for City services.
Additionally, on June 21, 2016, the City Council approved a maximum credit card
transaction limit in the amount of $5,000 dollars for debit and credit card transactions
taking place at City facilities in order to reduce the merchant payment processing charges
for large dollar debit and credit card transactions, which are costlier than smaller dollar
transactions. The City incurs a variety of fees for each transaction, the most variable and
largest of which is an Interchange fee set by payment networks like MasterCard and Visa.
The amounts vary from card type to card type, based on criteria established by the issuer.
For example, a 3.5% merchant payment processing fee for a $100,000 transaction costs
the City $3,500, while a 3.5% percent fee for a $1,000 transaction costs the City $35.
Payment of high merchant processing fees for accepting large dollar value debit and
credit card transactions is contrary to the City’s financial interest and is not in the spirit of
the City’s moratorium on debit and credit card merchant processing fees, which is
intended to be a convenience for City residents and small businesses. Consequently, to
improve the security of debit and credit card payment transactions for Santa Ana
residents and to minimize the risk of a credit card information data breach, City Council
will be presented in a future Council Meeting with a recommendation to approve a City-
wide upgrade to iNovah cashiering software and payment terminal hardware to EMV Chip
& PIN contactless payment terminals and PCI DSS compliance to protect credit card
payment data.
TSYS is the fifth largest third-party merchant processor in North America. TSYS has
historically provided an excellent customer experience in connection with the City’s
merchant processing needs. Because of TSYS’ long time business relationship with the
City beginning as TransFirst, LLC in March 2014, they possess institutional knowledge of
the City’s current payment processing systems.
Regretfully, over a number months the City and TSYS (now merged with Global
Payments) have attempted to negotiate contractual terms for an extended renewal
contract, but ultimately could not come to a mutually satisfactory agreement with regards
to certain key contractual provisions beyond June 30, 2022. Nevertheless, TSYS has
agreed to maintain a reduced merchant processing rate for the City’s in-person credit and
debit card transactions, and thus a short-term renewal agreement will allow Treasury
Services sufficient time to transition and consolidate cashiering payment capabilities with
a different provider.
City Council 20 –2 11/16/2021
Award Renewal Agreement with TSYS, DBA Global Payments
November 16, 2021
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Therefore, staff recommends the approval of a short-term renewal agreement with TSYS
for merchant payment processing services for the City’s walk-in cashiering stations.
Below is a summary of costs by Fiscal Year:
FY 2021-22:
1. Merchant Payment Services – base amount of $150,000, plus $22,500
contingency.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this renewal agreement and services are budgeted and available in various
departmental Contract Services Professional accounts (No. Various-62300). Funds will
be budgeted for expenditure as follows:
FY
Accounting
Unit -
Account
No.
Fund
Description
Accounting
Unit -
Accounting
No.
Description
Contracted
Amount
Annual Rate
Increase
(Contingency)
Maximum
Amount
2021-
22
Various-
62300 Various
Contract
Services
Professional
$150,000 $22,500 $172,500
Subtotal:Subtotal:Grand
Total:
$150,000 $22,500 $172,500
EXHIBIT(S)
1. TSYS Merchant Solutions, LLC, DBA Global Payments, Agreement
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
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RENEWAL AGREEMENT
CITY OF SANTA ANA
THIS RENEWAL AGREEMENT (“Agreement”) is made and entered into on this 16th day of
November 2021, by and between TSYS Merchant Solutions, LLC, dba Global Payments, Inc. &
Its Subsidiaries (“Consultant”), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A.The City desires to retain a consultant having special skill and knowledge in the field of
debit and credit card merchant payment processing services, including Europay,
MasterCard, and Visa and e-Commerce gateway transaction integration and support
services.
B.Consultant represents that Consultant is able and willing to provide such services to the
City.
C.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequately complete the services described and set forth in the Merchant Card Processing
Agreement attached hereto as Exhibit A.
2.COMPENSATION
a.City agrees to pay, and Consultant agrees to accept as total payment for its services for
City, the rates and charges identified in the Client Satisfaction Offer, which shall be
deemed inclusive of all fees and charges payable by City, attached hereto as Exhibit B.
For the fiscal year period covered under the terms of this Agreement funds to be
expended shall not exceed a base contracted amount of $150,000, together with a general
contingency amount of $22,500, for a combined maximum sum of $172,500.
b.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
EXHIBIT 1
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in the Recitals which may reasonably be expected by City. Billing or invoice statements
shall be presumed to have been received three (3) days after they are mailed or twenty-
four (24) hours after being electronically transmitted in accordance with the provisions of
Section 13 of this Agreement (“NOTICE”).
c. Change Order Contingency: During the term of this Agreement, City may request
optional services of Consultant at mutually agreed upon scope and fees.
1. Change Order
No extra work may be undertaken unless a written "Change Order" is first given
by the Contract Officer or his/her designee, to Consultant, incorporating therein any
material change in the scope, fees and/or administration of this Agreement proposed by
City.
2. Additional Work or Services
(a) Extra Work or Services
City shall have the right at any time during the performance of the work or
services set forth in this Agreement, without invalidating said Agreement or any
amendments thereto, to elect to exercise any existing option specified in the
Scope of Services for extra work or services or to order extra work or services
pursuant to a duly executed Change Order or to expend previously appropriated,
but unspent contingency funds authorized to be carried forward by the Executive
Director of Finance and Management Services to cover expenses for work or
services agreed to by the parties but exceeding any annual City fiscal year
compensation amount cap initially specified under the Compensation provisions
of this Agreement or thereby make changes by altering, adding to or deducting
from said work or services.
(b) Maximum Contract Compensation Cap
Net total compensation to Consultant shall not, as the result of any Change
Order, exceed the maximum contract compensation amount set forth under
Section 2 (“COMPENSATION”), subsection a. of this Agreement, unless an
increase in maximum contract compensation is agreed to by the parties pursuant
to a duly executed amendment of this Agreement.
d. Coordination of Work or Services
1. Representative of Consultant
The following officer of Consultant is hereby designated as being the representative
of Consultant authorized to act in its behalf with respect to the work specified
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herein and make all decisions in connection therewith:
Global Payments Integrated Carl Van Laethem
Representative Client Success Advisor/National Accounts
It is expressly understood that the experience, knowledge, capability and reputation of
the foregoing officer & representative is a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing representative shall be responsible during the
term of this Agreement for directing all activities of Consultant and devoting sufficient
time to personally supervise the services hereunder. For purposes of this Agreement, the
foregoing officer & representative may not be replaced nor may their responsibilities be
substantially reduced by Consultant without the express written approval of City.
2. Contract Officer
The Contract Officer shall be the person designated hereunder by City. It shall be
Consultant's responsibility to assure that City's Contract Officer is kept informed of the
progress of the performance of the consulting services set forth in this Agreement and
Consultant shall refer any decisions which must be made by City to the Contract Officer.
The Contract Officer shall have authority to enter into Change Orders with Consultant
pursuant to this Agreement. The Contract Officer shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this Agreement.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer.
City of Santa Ana Kristine Ridge, City Manager
Contract Officer or designee
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2022, unless terminated earlier in accordance with Section 9, below. This Agreement shall cover
all services provided by Consultant since July 1, 2021.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be 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.
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5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Consultant’s operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non-owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the provisions of Section
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. Technology errors and omissions insurance, with a limit of not less than
$1,000,000 per claim with $2,000,000 in the aggregate.
e. Cyber and Network Security/Technology liability insurance with a limit of not less
than $1,000,000 per claim with $2,000,000 in the aggregate.
f. Crime liability insurance with a limit of not less than $1,000,000 per claim with
$2,000,000 in the aggregate. 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. City of Santa Ana, its officers, employees, agents and representatives shall be
Additional Insureds with respect to General Liability Insurance and Auto
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Liability Insurance is Primary and Non-Contributory.
iv. Certificates and policies shall state that the policies shall not be canceled
without thirty (30) days prior written notice to the City of cancellation with ten
(10) days prior notice for non-payment of premium in accordance with policy
provisions. Similar notice of reduction or material change shall be given if coverage
falls below or is not in compliance with the contract requirements.
v. Consultant shall supply City with a fully executed additional insured
endorsement.
vi. Certificates of insurance endorsements shall show the City as a certificate
holder as follows:
City of Santa Ana
Risk Management Division, 4th Floor 20 Civic Center Plaza
Santa Ana, CA 92701
vii. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
g. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance
has been procured and is in force and paid for, the City shall have the right, at the
City’s election, to forthwith terminate this Agreement. Such termination shall not
affect Consultant’s right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation
and agrees to indemnify the City for any work performed prior to approval of
insurance by the City.
6. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
7. 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
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the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which is not embodied herein.
8. 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.
9. 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 of Finance and
Management Services may require Consultant to deliver to the City all work
product(s) 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.
10. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed
by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or
right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether
or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
11. 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.
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12. 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.
13. NOTICE
Any notice, tender, demand, delivery, or other communication required or made
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 by express mail
courier (i.e. FedEx, UPS, etc.), or sent by fax or email communication in the manner provided
in this section. Any such notice shall be addressed to the other party at the address set forth
below. Consultant invoice/billing statement notices to City shall be sent to City’s Primary
Representative/Project Manager or designees. All notices, including invoice/billing statement
notices and notices of address changes, provided under this Agreement are deemed received on
the third day after mailing if sent by regular mail, or the next day if sent by overnight delivery.
If sent by fax, communication shall be effective or deemed to have been given twenty-four (24)
hours after the time set forth on the transmission report issued by the transmitting facsimile
machine, addressed as set forth above. If sent by email, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the delivery time
stamp notated by the internet service provider, addressed as set forth above. For purposes of
calculating these time frames, weekends, City Hall closure dates, federal, state, County or City
holidays shall be excluded.
If 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
Finance and Management Services
Agency City of Santa Ana
20 Civic Center Plaza (M-
17) Santa Ana, CA 92702
Phone: (714) 647-6960
Fax: (714) 647-5414
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If to Consultant:
TSYS Merchant Solutions, LLC, dba Global Payments
Attn: David Green
Corporate Secretary
One Heartland Way
Jefferson, IL 47130
Fax: (480) 333-7979
Representative or designees: Consultant Primary Representative/Project Manager shall be:
Carl Van Laethem
Client Success Advisor/National Accounts
Global Payments Integrated Phone: (801) 772-1671
Email: carl.vanlaethem@globalpay.com
Representative or designees: City Primary Representative/Project Manager shall be:
Willard Holt
Treasury and Customer Services Manager
20 Civic Center Plaza (M-15), Room 1105,
Santa Ana, CA 92701
Phone: (714) 647-5456
Fax: 714-647-5304
Email: wholt@santa-ana.org
A party may change its address or representative or designees by giving notice in writing to the
other party. Thereafter, any communication shall be addressed and transmitted to the new
address and/or new representative or designees.
14. COUNTERPART SIGNATURE AND DELIVERY
This Agreement must be signed below and may be signed in separate counterparts including
facsimile copies and delivered by fax, email as a PDF (Portable Document Format) file
attachment, or by other means that displays the original or a copy of the signatures. Each
counterpart (including facsimile copies) is deemed an original and all counterparts are deemed
on and the same instrument and legally binding on the parties. Any subsequent amendments to
this Agreement may be signed and delivered in the same manner.
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15.MISCELLANEOUS PROVISIONS
a.Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney’s fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement. Provided however, that in the event that
any provision of any exhibit is in direct conflict with the provisions of this
Agreement then the terms of this Agreement will prevail solely with respect to
any such directly conflicting provisions, or portions thereof.
//
//
{Signatures on following page}
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IN WITNESS WHEREOF, the pa11ies hereto have executed this Agreement the date and year
first above written.
ATTEST:
Daisy Gomez
Cle rk of the Council
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
RECOMMENDED FOR APPROVAL:
Exec utive Director
Fi nance and Management Services Agency
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CITY OF SANT A ANA
Kiistine Ridge
City Manager
CONSULT ANT:
David Green
Corporate Secretary
SB
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EXHIBIT A
MERCHANT CARD PROCESSING AGREEMENT
City Council 20 –14 11/16/2021
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MERCHANT CARD PROCESSING AGREEMENT
PLEASE READ SECTION 20 (“ATTORNEY FEES; ARBITRATION; CLASS
ACTION WAIVER”) CAREFULLY AS IT RELATES TO ARBITRATION AND
CLASS ACTIONS
While all terms in this Merchant Agreement are important, here is a summary of some
sections on which we occasionally receive questions. These are common clauses in merchant
processing agreements throughout our industry.
• The introductory paragraphs explain that the Merchant Agreement consists of other
documents in addition to this Merchant Agreement.
• We can amend your Merchant Agreement by providing you with 15 days’ notice or,
under certain circumstances, with less than 15 days’ notice (see section 10).
• Unless confirmed otherwise on your application, the initial term of this Merchant
Agreement is three years. If you terminate early without cause, you may be required to
pay an early termination fee (see section 11).
• The proceeds you receive from transactions are provisional credits. We can charge or
debit your settlement account to recover these provisional credits. We can also debit your
Settlement Account to recover other amounts that you may owe us (see Section 12).
• If you dispute any charge or funding, you must notify us within 30 days of the date of
the statement (see section 12.5).
• In some circumstances, we may require the establishment of a reserve account with us
so we can mitigate risks. Section 13 explains how that reserve account will be funded and
how we may use money in that account.
• Our processing fees are set out in detail in the Merchant Application. We may change
these fees, but must ordinarily notify you before doing so (see Section 16).
• This agreement contains an arbitration clause (see Section 20.2) and a class action
waiver (see Section 20.3).
• This agreement is a complete and final agreement between us. It supersedes any
previous negotiations we may have had on the services and products. (Section 21).
This Merchant Card Processing Agreement (“MPA”) is for merchant card payment
processing services among the merchant (“Merchant”) that signed the Application for
Merchant Card Processing (“Merchant Application”), Member Bank, and Processor. The
Merchant Application and the MPA are part of the “Merchant Agreement” as defined below.
Subject to the requirements of the Operating Rules, Processor and Member Bank reserve the
right to allocate duties and obligations amongst themselves as they agree appropriate in their
sole discretion, and Member Bank or Processor may jointly or individually assert or exercise
any rights or remedies provided hereunder. If Merchant wishes to address any act or
omission by, or make or bring any claim or action against, Merchant Bank or Processor
relating to this Merchant Agreement, it shall first discuss such issue with Processor prior to
making or bringing any claim or action against Member Bank (in which case Processor shall
address the issue as agreed with Member Bank). Member Bank is responsible for sponsoring
Merchant with Visa and Mastercard, and for settlement of Merchant sales funds. Unless
otherwise noted, all other products, services and obligations to Merchant are the sole
responsibility of Processor.
VISA®, Inc. (“Visa”) and Mastercard® International, Inc. (“Mastercard”), the Discover®
Network (“Discover”), and the American Express® Network (“American Express”) are
collectively known herein as the “Card Associations.” If elected by Merchant on the
Merchant Application, Processor will settle American Express® Card and Discover®
Network transactions in accordance with the terms set forth in the Merchant Application and
in doing so, Processor does not represent or indicate in any way that Member Bank sponsors
Processor into the American Express Network and Discover Network. If Merchant elects
and is approved to participate in the American Express OptBlue Program, Merchant agrees
to comply with the American Express OptBlue Merchant Operating Guide, which may be
accessed at www.americanexpress.com/merchantopguide. Member Bank does not sponsor
Processor into the American Express Network and Discover Network, is not providing or
agreeing to provide Merchant any services hereunder with respect to American Express Card
and Discover Network Card transactions, does not determine or approve or agree upon any
fees, charges, pricing, or any other terms and conditions, relating to American Express Card
and Discover Network Card transactions, and has no responsibility or liability to Merchant
for American Express Card and Discover Network Card transactions. Nor does Member
Bank provide or agree to provide Merchant any services hereunder or have any responsibility
or liability to Merchant with respect to any PIN-based debit or stored value or electronic
benefit transfer transactions (except only to the extent, if any, required under Visa’s or
Mastercard’s Operating Rules or mandatory provisions of applicable law), or any PayPal
transactions, JCB, Carte Blanche, or other Card type transactions (other than Visa and
Mastercard Credit and non-PIN based debit/stored value /electronic benefit transactions,
including any such transactions made with Diner’s International Cards which also carry the
Mastercard Mark and are processed as Mastercard transactions), any CrossCheck or other
Check Services transactions, merchant gift or loyalty card transactions, or any other services
specified in the Merchant Application as covered in whole or in part by this Agreement but
as not being provided by Member Bank. No reference to Member Bank herein shall be
deemed to create any obligations or liability of Member Bank with respect to American
Express Card or American Express Network transactions or Discover Network Cards or
Discover Network Card transactions, or to any of the other types of Cards, transactions or
services referred to above or in the Merchant Application as not being provided by Member
Bank.
The appendices, addenda (including but not limited to the ACH Addendum, and Petro
Addendum if applicable), schedules, Fee Schedule, applicable product or services terms as
indicated on the Merchant Application, and ACH Terms and Conditions that accompany this
MPA, as amended from time to time as provided herein, are part of the terms and conditions
of this MPA, as are the Merchant Application and the Operating Rules, and are hereinafter
individually and collectively referred to as the “Merchant Agreement.” The Operating Rules
for Visa are located at https://usa.visa.com/support/consumer/visa-rules.html, and the
Operating Rules for Mastercard are located at https://www.mastercard.us/en-
us/business/overview/support/rules.html.
Capitalized terms used in this Merchant Agreement which are not defined herein shall
have the meaning given to them in the Merchant Application, which is incorporated by
reference into this Agreement and may be amended from time to time by Merchant
Bank or Processor upon notice to Merchant.
According to the processing services selected by Merchant on the Merchant Application and,
in accordance with the terms of this Merchant Agreement and applicable Operating Rules,
Merchant agrees to participate in Processor’s Card processing program by honoring Cards
in accordance with this Merchant Agreement; and to submit Transaction Receipts, Credit
Transaction Receipts and other electronic data to Processor for the Card Program services
provided by Processor.
With respect to Visa and Mastercard Transactions:
Member Bank is responsible for providing settlement funds directly to Merchant, and
Processor shall not have access to or hold settlement funds.
1. MERCHANT’S APPLICATION AND INFORMATION. By completing the
Merchant Application, Merchant applies for the Card Program services covered by the
Merchant Application and the Merchant Agreement. In their sole and absolute discretion,
Processor and/or Member Bank may accept or reject Merchant’s Merchant Application.
Merchant may present Transactions to Processor only for the activities and in the volumes
described on the Merchant Application, including the percentage of Mail/Phone Order and
Electronic Commerce Transactions. The earlier date of the presentation of the first
Transaction, including any test Transaction, by Merchant to Processor or the date Processor
approves the Merchant Application signifies the effective date of the Merchant Agreement
(the “Effective Date”). By either Merchant’s signature on the Merchant Application or
Merchant’s processing a Transaction (including a test Transaction) with Processor, Merchant
affirmatively accepts and agrees to be bound by the Merchant Agreement.
2. MERCHANT’S GENERAL DUTIES.
2.1 General. Merchant will comply with the Merchant Agreement for submitting and
processing Transactions with Processor. Processor is responsible to Merchant for processing
Transactions under the Operating Rules for the Card Program services to which Merchant
subscribes, which may vary among Card types.
2.2 Merchant’s Responsibility for Acts of Others. Merchant, and not Member Bank
or Processor, is responsible for any advice from, acts of, as well as omissions, acts of fraud
or acts of misconduct by, Merchant’s employees, processors, consultants, advisors,
contractors, Merchant Servicers, Agents, officers and directors. Merchant, and not Member
Bank or Processor, is responsible for the use, unauthorized use or misuse of Merchant’s
equipment, POS Equipment, or software.
2.3 Electronic and Paperless Notices and Disclosures. Merchant consents to
receiving electronically rather than in paper form all written notices, disclosures and other
documents (“Documents”) which are to be provided by Processor to Merchant under the
Merchant Agreement. Processor will notify Merchant that a Document is available at
Processor’s web site with a link to that specific page of the web site containing the Document.
Merchant agrees that such notification may be sent to Merchant at the e-mail address
provided as part of the Merchant Application.
By Merchant affirmatively checking the box to consent to receive paperless delivery of IRS
Notices on the Merchant Application, if applicable, Merchant acknowledges that it has
reviewed and received the Consent to Paperless Delivery of IRS Notices, located at
http://www.tsys.com/documents.html and that Merchant consents and agrees to receive IRS
notifications by paperless delivery.
Merchant understands and acknowledges that access to the Internet and e-mail are required
for Merchant to access Documents electronically or by paperless delivery and Merchant
confirms that Merchant has such access. Merchant understands that there are costs related to
accessing Documents electronically or by paperless delivery and Merchant agrees that
Merchant is responsible for these related access costs.
At any time, and without giving Merchant advance notice, Member Bank and/or Processor
may elect not to send a Document electronically or by paperless delivery, in which case a
paper copy of the Document will be sent to Merchant at Merchant’s last known address, as
provided by Merchant, or such Document shall otherwise be provided as provided for herein.
3. PROCEDURES FOR CARD TRANSACTIONS.
3.1 Honoring Cards.
(a) Limited Acceptance. If appropriately indicated herein, Merchant shall be a
Limited Acceptance Merchant, which means that Merchant has elected to accept only certain
Visa and Mastercard card types as indicated on the Merchant Application, or via later
notification. The Visa or Mastercard Credit acceptance option on the Merchant Application
refers to Visa Credit and Business transactions, and is what Mastercard refers to as “Other
Card” transactions. Notwithstanding anything to the contrary in the Application, Merchant
can elect (i) to accept only Visa or Mastercard non-PIN based debit/stored value/electronic
benefit transactions (sometimes referred to as “signature debit” transactions, whether or not
an actual signature is required), or (ii) to accept only Visa or Mastercard Credit transactions,
or (iii) to accept all Visa or Mastercard Credit and signature debit transactions; provided,
however, that a Merchant who accepts any Visa or Mastercard Card types must accept all
valid Visa or Mastercard Card types issued by a non-U.S. issuer. Merchant is not required City Council 20 –15 11/16/2021
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to accept Card brands other than Visa or Mastercard in order to accept Visa or Mastercard
Cards (except that transactions using Diner’s International Cards which also carry the
Mastercard Mark must be accepted if Merchant accepts Mastercard Card transactions of the
same type). Merchant Bank and Processor have no obligation other than those expressly
provided under the Operating Rules and applicable law as they may relate to Limited
Acceptance. Member Bank’s and Processor’s obligations do not include policing card types
at the point of sale. Merchant will be solely responsible for the implementation of its decision
for limited acceptance including but not limited to policing the card type(s) of transactions
at the point of sale submitted for processing by Processor. Should Merchant submit a
transaction for processing for a card type it has indicated it does not wish to accept, Processor
may process that transaction and Merchant will pay the applicable fees, charges, and
assessments associated with that transaction. Merchant will comply with any applicable laws
and Operating Rules for the card type processed.
(b) Discover. If Merchant has chosen to accept Discover Card Transactions in the
Merchant Application, Merchant must accept Discover Cards at all Merchant establishments,
including in payment for purchases of goods and services, for charitable contributions and
for Cash Over Transactions, when properly presented for payment by a Cardholder. Subject
to this Section, a Merchant must create a Transaction Receipt for each Discover Card
Transaction and deliver at least one copy of the Transaction Receipt to the Cardholder. A
Merchant may issue a Cash Over in connection with a Discover Card Transaction. Merchant
must deliver a single Authorization Request for the aggregate total of the goods/services
purchase amount and the Cash Over amount. In addition, the Transaction Receipt must
include both the purchase amount and the Cash Over amount.
(c) PayPal™. If Merchant has chosen to accept PayPal Payment Card
Transactions in the Merchant Application, Merchant must accept PayPal Payment Cards at
all Merchant establishments, including in payment for purchases of goods and services and
for charitable contributions when properly presented for payment by a Cardholder. Subject
to this Section, a Merchant must create a Transaction Receipt for each PayPal Card
Transaction and deliver at least one copy of the Transaction Receipt to the Cardholder.
(d) American Express. If Merchant has chosen to accept American Express® Cards
in the Merchant Application, Merchant must accept American Express Cards as payment for
goods and services sold, or (if applicable) for charitable contributions made, at all of its
establishments, except as expressly permitted by state statute. Merchant is jointly and
severally liable for the obligations of Merchant’s establishments under the Merchant
Agreement. In the event Merchant’s American Express annual charge volume exceeds
$1,000,000 in a rolling twelve month period or is greater than $100,000 in any three
consecutive months, Merchant will be considered a High CV Merchant by American Express
and will be required to enter into a direct merchant card acceptance agreement with American
Express. Upon any conversion to a direct agreement with American Express, Merchant will
be bound by American Express’ then current Card Acceptance Agreement and to any pricing
and fees set by American Express. Merchant has the right to opt-out of acceptance of
American Express Cards at any time without affecting Merchant’s rights to accept other card
types. If Merchant elects to receive messages from American Express regarding products,
services and resources available to it, as indicated on the Merchant Application, Merchant
agrees messages maybe sent by American Express to the phone numbers, fax numbers or
email addresses provided by Merchant. If a wireless number is provided, Merchant agrees
communications may be sent via SMS or text in addition to automated calls. Merchant may
opt out of receiving messages by contacting Processor.
(e) EBT Transactions. If Merchant has chosen to accept Electronic Benefits
Transfer (“EBT”) transactions, Merchant agrees to issue United States Department of
Agriculture, Food and Nutrition Services (“FNS”) food stamp benefits (“FS Benefits”)
and/or government delivered cash assistance benefits (“Cash Benefits,” and with FS
Benefits, “Benefits”) to recipients (“Recipients”) in in accordance with the procedures
specified herein, and in all documentation and user guides provided to Merchant by
Processor, as amended from time-to-time; and pursuant to the Quest Operating Rules (the
"Quest Rules"), as amended from time-to-time, issued by the National Automated Clearing
House Association as approved by the Financial Management Service of the U.S. Treasury
Department. Unless otherwise defined herein, all capitalized terms shall have the meanings
ascribed them in the Quest Rules. Merchant will provide each recipient a receipt of each
Benefit issuance. Merchant will be solely responsible for Merchant’s issuance of Benefits
other than in accordance with authorizations. Merchant agrees to comply with all the
requirements, laws, rules and regulations pertaining to the delivery of services to Benefit
Recipients and Benefit Recipient confidentiality. If Merchant issues FS Benefits under this
Merchant Agreement, Merchant represents and warrants to Processor that Merchant is an
FNS-authorized "Merchant" (as such term is defined in the Rules) and is not currently
suspended or disqualified by FNS. Merchant agrees to secure and maintain at its own expense
all necessary licenses, permits, franchises, or other authorities required to lawfully effect the
issuance and distribution of Benefits under this Merchant Agreement, including without
limitation, any applicable franchise tax certificate and non-governmental contractor’s
certificate, and covenants that Merchant will not issue Benefits at any time during which
Merchant is not in compliance with the requirements of any applicable law. Merchant agrees
to hold Processor harmless from any costs of compliance or failure to comply with any such
obligation by Merchant. Processor may terminate or modify the provision of services to
Merchant if any of Processor’s agreements with government EBT agencies are terminated
for any reason or if any party threatens to terminate services to Processor due to some action
or inaction on the part of Merchant. Nothing contained herein shall preclude the State from
commencing appropriate administrative or legal action against Merchant or for making any
referral for such action to any appropriate Federal, State, or local agency. Any references to
"State" herein shall mean the State in which Merchant issues Benefits pursuant hereto. If
Merchant issues Benefits in more than one State pursuant hereto, then the reference shall
mean each such State severally, not jointly.
3.2 Operating Procedures for Transactions. In accepting Cards for the purchase of
Merchant’s goods and services, Merchant shall comply with the requirements of the
Merchant Agreement, including but not limited to the Operating Rules, as the same are
revised from time to time.
3.3 Submission of Valid Transactions.
(a) Merchant will submit to Processor a Transaction only if the Transaction is
made or approved by the Cardholder who is issued the Card used for the Transaction. The
burden of verifying the identity of the Cardholder and the Cardholder’s authority to initiate
a Transaction rests solely with Merchant. Merchant will not submit directly or indirectly: (i)
any Transaction that Merchant knows or should have known to be fraudulent or not
authorized by the Cardholder; (ii) any Transaction that results from a transaction outside of
Merchant’s normal course of business, as described on the Merchant Application; or (iii) any
Transaction containing the account of a Card issued to Merchant or any account numbers
issued to Merchant’s business owners, family members, principals or employees for
Transactions that do not represent a purchase of goods or services from Merchant or a credit
transaction related to a purchase of goods or services from Merchant .
(b) If at any time the volume of Transactions substantially exceeds or decreases
from the projected annual volume stated on the Application, or if at any time Processor
suspects fraud, money laundering or violations of the Operating Rules, Processor may, in its
sole and absolute discretion and in addition to other remedies that the Processor may have:
(i) refuse to process the excessive or suspect Transactions; (ii) process the Transactions and
retain the funds received from processing until such time as the excess or suspect
Transactions are found to be valid or invalid and processed in accordance with the Operating
Rules; (iii) suspend processing and/or terminate the Agreement; or (iv) amend the Merchant
Agreement to protect the interests of Processor.
3.4 Payments to Merchant for Valid Transactions.
(a) Member Bank and Processor will provide provisional credit to Merchant for
each undisputed and valid Transaction that Merchant submits to Processor by crediting
Merchant’s Settlement Account, provided Member Bank and Processor have received
settlement for the valid Transaction through the Interchange procedures specified by the Card
Association applicable to the Card used for the Transaction (Member Bank and Processor do
not provide payment for all Card types for which Authorization services are provided).
Member Bank and Processor are not obligated to provide provisional credit to Merchant for
Transactions submitted that are not valid Transactions, and may suspend or discontinue any
provisional credit in Member Bank’s and/or Processor’s sole and absolute discretion,
including for any reason that would justify termination of this Merchant Agreement. Each
provisional credit from Member Bank and Processor to Merchant will be subject to
adjustment, including revocation, upon Processor’s further review and verification.
Provisional credit to Merchant for a Transaction disputed by a Cardholder for any
reason is not final.
(b) Member Bank and Processor may deduct from any payment to Merchant the
amount of any Credit Transaction Receipt processed for Merchant, any Chargeback to
Merchant, any amount to be deposited in the Reserve Account and any Processing Fees and
amounts sufficient to reimburse Member Bank and Processor for the amount of any Card
Association assessments (sometimes referred to as “fines” or “penalties”) or charges due
from Merchant or for any current or future obligation of the Merchant that arises under the
Merchant Agreement. Merchant must immediately pay Member Bank and Processor the
amount by which a Credit Transaction Receipt processed on any day exceeds valid
Transactions submitted on that day. Without limiting Member Bank’s and Processor’s
remedies, Member Bank and Processor may obtain the amount due by deducting it from the
Settlement Account, Reserve Account or other accounts of or funds due Merchant.
(c) Merchant acknowledges that all payments and credits provided to Merchant
are provisional and subject to suspension, to Chargebacks and to adjustments in accordance
with the Merchant Agreement, including, but not limited to the Operating Rules.
3.5 Retrieval Requests. If Merchant deposits Transactions with Processor through
magnetic tape, electronic transmission, or electronic data capture terminal, upon the request
of a Card Association, Processor or Member Bank, Merchant shall respond to all Retrieval
Requests within the time frames specified in the applicable Operating Rules. If Merchant
does not respond or responds late to a Retrieval Request, Merchant may be without recourse
as Chargebacks for “non receipt of requested item” in most cases, cannot be reversed.
Member Bank and Processor are not obligated to provide provisional credit to Merchant for
any Retrieval Request and may suspend or discontinue any provisional credit in their sole
and absolute discretion.
3.6 Equipment; Supplies; Displays.
Important Note: Merchant acknowledges and agrees that Member Bank and its affiliates
have no duty, obligation or liability whatsoever for: (1) the POS Equipment, herein; (2) any
actions or omissions of Processor with respect to the POS Equipment; (3) failure of
merchant to perform routine maintenance and updates to the POS Equipment; (4) any
failure of merchant to adhere to standard security requirements as it relates to the POS
Equipment; or (5) any claims or disputes arising out of the foregoing.
(a) At Merchant’s request, Processor will supply Merchant with point-of-sale
equipment, including a terminal, router or other compatible or ancillary equipment, hardware
or device (collectively “POS Equipment”). Processor will use good faith efforts to program
or configure the POS Equipment to operate at the Merchant Outlets in compliance with the
Operating Rules; however, Processor makes no representations or warranties that
Processor’s programming of the POS Equipment furnished by Processor will operate in
compliance with the Operating Rules and applicable law. If Processor supplies Merchant
with POS Equipment or other equipment, then Merchant must return such equipment upon
termination of this Agreement.
(b) The individual providing the terminal to Merchant is an employee of
Processor, unless otherwise identified as an independent sales contractor. Merchant City Council 20 –16 11/16/2021
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acknowledges and understands that POS Equipment may be supplied to Merchant that is
the property of Processor and is being provided to Merchant for free use subject to the
following conditions and requirements:
(i) Merchant shall be liable for a $495 fee for non-return of Processor
supplied POS Equipment if Merchant terminates or ceases processing under the terms of this
Agreement before the expiration of the initial or renewal term of this Merchant Agreement
and fails to return the POS Equipment within ten days of termination or of ceasing
processing.
(ii) Merchant shall be liable for a $450 fee for non-return of Encryption
Exchange POS Equipment if applicable;
(iii) Merchant will be liable for any damages to the POS Equipment from
the misuse or negligent use or handling of the POS Equipment;
(iv) Merchant will be liable for any reasonable monthly fee as determined
by Processor for paper or other supplies provided by Processor for use with the POS
Equipment; and
(v) Processor, at its absolute and sole discretion, may allow for one
terminal exchange at no charge, but may charge additional fees for subsequent exchanges.
(c) All Processor and third party POS Equipment and services provided or
procured by Processor under this Merchant Agreement are provided “AS-IS.” Processor
makes no warranty as to this POS Equipment’s fitness for any particular purpose (or any
other Warranty) and disclaims any liability resulting from the POS Equipment or Merchant’s
use of the POS Equipment.
(d) Merchant acknowledges that Processor or a third party is supplying the POS
Equipment and that Member Bank shall have no responsibility or liability for the POS
Equipment supplied to Merchant.
(e) Merchant will use only the forms for Transactions and electronic processing
formats provided or approved in advance by Processor. Processor may change the forms
from time to time, and, upon notification, Merchant will comply with any changes. Merchant
will use Transaction forms or materials provided by Processor only for Transactions which
Merchant submits to Processor.
(f) Merchant may not (i) indicate or imply that the Card Associations, Processor
or Member Bank endorses any Merchant goods or services, (ii) refer to a Card Association,
Processor or Member Bank in stating eligibility for Merchant’s products, services or
membership, or (iii) use any marks, symbols or logos owned by any Card Association,
Processor or Member Bank for any purpose other than those permitted in the Operating
Rules, provided that any use of Processor’s or Member Bank’s marks, symbols or logos shall
be in accordance with and subject to any branding guidelines provided by Processor and
Member Bank. Merchant acknowledges that Member Bank and Processor shall remain the
sole and exclusive owners of their respective intellectual property and Confidential
Information (defined below). Except to the extent expressly provided herein, no rights to
Processor’s or Member Bank’s intellectual property or Confidential Information are granted
hereunder, and all rights therein are expressly reserved.
3.7 Europay/Mastercard/Visa (“EMV”) Chip Card Compliance. Merchant agrees that
if Merchant does not use POS Equipment that has been certified EMV chip card compliant
and enabled or when a lost or stolen chip and PIN card is used at an EMV enabled terminal
capable of processing chip and signature only, Merchant may be liable for payment of any
transactions submitted for chargeback by the applicable EMV chip card issuer(s).
4. MERCHANT’S WARRANTIES. Upon signing the Merchant Application, and each
time Merchant submits a Transaction, Merchant represents and warrants that:
4.1 Merchant has abided by the Merchant Agreement, and all applicable laws , the
Operating Rules;
4.2 Each statement made on the Merchant Application was true as of the date Merchant
signed the Merchant Application agreeing to be bound by the Merchant Agreement;
4.3 There have been no materially adverse changes in information provided in the
Merchant Application or in Merchant’s financial condition, or management;
4.4 Merchant does not do business under a trade name or style not previously disclosed
in writing, and there has been no change in the nature of Merchant’s business or the product
lines that Merchant sells not previously disclosed;
4.5 The Transaction is genuine and arises from a bona fide sale of merchandise or
services by Merchant, represents a valid obligation for the amount shown on the Transaction
Receipt and does not involve the use of the Card for any other purpose;
4.6 Merchant has title to the Transaction and Transaction Receipt, there are no liens or
other encumbrances on it, and Merchant has the authority to convey the Transaction for
processing;
4.7 The Transaction is not subject to any dispute, set-off or counterclaim;
4.8 The Transaction has not been previously presented for processing unless allowed
by the Operating Rules;
4.9 Each statement on the Transaction Receipt is true, and Merchant has no knowledge
of facts that would impair the validity or collectability of the amount of the Transaction;
4.10 The person who executes the Merchant Application on behalf of Merchant has the
full power and authority to execute the Merchant Application and to enter into the Merchant
Agreement;
4.11 The Merchant Agreement is the legal, valid, and binding obligation of Merchant
enforceable against Merchant in accordance with its terms;
4.12 Merchant shall submit Transactions only in accordance with the information
contained in the Merchant Application and the Merchant Agreement;
4.13 Merchant has the power and authority to authorize the automatic funds transfer
provided for in the Merchant Agreement;
4.14 The Settlement Account is owned and controlled by Merchant and is a valid
account for processing debit and credit transactions under the Merchant Agreement;
4.15 Merchant is not (i) a Sanctioned Person, (ii) located in or operating under a license
issued by a jurisdiction whose government has been identified by the U.S. Department of
State as a sponsor of international terrorism under 22 U.S.C. 2371 or 50 U.S.C. App. 2405(j),
(iii) located in or operating under a license issued by a jurisdiction that has been designated
as non-cooperative with international anti-money laundering principles or procedures by an
intergovernmental group or organization of which the U.S. is a member, or (iv) located in or
operating under a license issued by a jurisdiction that has been designated by the U.S.
Secretary of Treasury pursuant to 31 U.S.C. 5318A as warranting special measures due to
money laundering concerns; and
4.16 Merchant will immediately notify Member Bank and Processor in writing of any
material changes to any information provided herein including but not limited to a change in
Merchant’s legal entity, location, business type, or the types of goods and services offered
for sale by Merchant.
5. CONFIDENTIALITY; DATA SECURITY.
5.1 Confidentiality. Merchant will treat as confidential: (i) the terms of the Merchant
Agreement; (ii) all information or data, of whatever nature, relating to Processor (including
its operations, policies, procedures, accounts and personnel) accessed or used by or disclosed
to Merchant in connection with the Merchant Agreement; (iii) Processor’s IRS W-9 form;
and (iv) all information or data that is proprietary to a third party (including Processor’s
customers and contractors) and that Processor is obligated to treat as confidential, accessed
or used by or disclosed to Merchant in connection with the Merchant Agreement
(individually and collectively, “Confidential Information”). Merchant shall not use or
disclose Confidential Information without Processor’s prior written consent. Merchant may
only disclose Confidential Information to Merchant employees who have a need to know
such information in connection with Merchant’s performance hereunder and who are bound
to confidentiality restrictions no less restrictive than those herein. Merchant shall exercise
at least the same degree of care to maintain the confidentiality of Confidential Information
that it uses for its own similar information, but in no event less than a reasonable degree of
care. The foregoing obligations shall not apply to any information that (x) is received from
any third party source that is properly authorized to disclose it without restriction, (y) is or
becomes generally known to the public by publication or some other means other than a
breach by Merchant or its employees of any agreement or confidentiality obligations, or (z)
is required by law to be divulged, provided that the request is proper and the disclosure does
not exceed that which is required. In the case of (z), Merchant will provide prior notice
thereof and cooperate with Processor to limit disclosure. Upon Processor’s request, and upon
termination or expiration of the Merchant Agreement, Merchant shall return or, only if
requested by Processor, destroy all Confidential Information in its possession or control.
Merchant acknowledges that a breach of this Section 5 may cause Processor irreparable
injury and that Processor may have no adequate remedy at law. Accordingly, Processor may
seek provisional or injunctive relief in addition to any other rights or remedies.
5.2 Transaction Receipts. Merchant will retain in a secure and confidential manner
original or complete and legible copies of each Transaction Receipt, and each Credit
Transaction Receipt required to be provided to Cardholders, for such period as required by
law or the Operating Rules. Merchant shall render all materials containing Cardholder
Account Numbers unreadable prior to discarding. Merchant is responsible for ascertaining
whether applicable law requires copies retained by Merchant to truncate card numbers and
suppress expiration dates, and for complying with all such laws.
5.3 Storage. Merchant will store Transaction Receipts and Credit Transaction
Receipts in an area limited to selected and authorized personnel, and when record-retention
requirements have been met, Merchant will destroy the records so that the same are rendered
unreadable.
5.4 Merchant Servicers and Agents. Merchant must notify Processor and receive
Processor’s approval prior to engaging any Merchant Servicer or Agent in connection with
Merchant’s acceptance of Cards or the submission of Transactions to Processor. Merchant
shall provide Member Bank and Processor at least sixty days advance written notice of
Merchant’s election to use a Merchant Servicer or Agent. Member Bank and/or Processor
may individually approve or deny the use of a Merchant Servicer or Agent in their sole and
absolute discretion and at any time. If a Merchant Servicer or Agent is required to certify,
register, or act in any fashion pursuant to the Operating Rules, Merchant shall cause such
Merchant Servicer or Agent to cooperate with Processor in completing any steps required
for registration and/or certification and/or action. Merchant is solely responsible for any and
all applicable fees, costs, expenses and liabilities associated with such registration and/or
certification and/or action. Processor and Member Bank shall in no event be liable to
Merchant or any third party for any actions or inactions of any Merchant Servicer or Agent
used by Merchant, and Merchant hereby expressly assumes all such liability.
Merchant will immediately notify Processor if Merchant decides to use electronic
authorization or data capture terminals provided by any entity other than Processor or its
authorized designee (“Third Party Terminals”) to process Transactions, including leasing a
terminal from a third party. If Merchant elects to use Third Party Terminals: (a) the third
party providing the terminals will be Merchant’s Merchant Servicer in the delivery of
Transactions to Processor; and (b) Merchant assumes full responsibility and liability for any
failure of that third party to comply with the Operating Rules, applicable laws, rules or
regulations or the Merchant Agreement. Processor and Member Bank will not be responsible
for any losses or additional fees incurred by Merchant as a result of any error by a third party
agent or a malfunction in a Third Party Terminal.
City Council 20 –17 11/16/2021
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The use of a Merchant Servicer or Agent or software or systems provided by a Merchant
Servicer or Agent that has connectivity to the Internet poses an increased risk, and Merchant
assumes all liability for such increased risks. If Merchant utilizes software or hardware with
a connection to the Internet such hardware or software interacts in any capacity with the
provision of services contemplated pursuant to this Merchant Agreement, Merchant is solely
liable without limitation for any and all consequences of such interaction.
5.5 Security. Merchant agrees and shall ensure that Merchant Servicers and Agents
utilized by Merchant provide the same levels of security as those required of Merchant, and
that such Merchant Servicers and Agents transmit data in accordance with: (a) the required
format(s) of the Card Associations; (b) the Operating Rules; and (c) the requirements of
Processor and Member Bank. Merchant must have a written contract between Merchant and
its Agent or between Merchant and the Merchant Servicer that stipulates adherence to the
provisions of such information security requirements. Merchant’s written contract with any
such third party must contain provisions obligating the third party to comply with applicable
law, with CISP and SDP and DISC and PCIDSS, PA-DSS, PIN and PED security
requirements if applicable, and all other Card Association requirements pertaining to
confidentiality and security and integrity of Cardholder and Card transaction data, with all
rules prohibiting storage of certain Card transaction data, and with all other applicable
Operating Rules and the requirements of Processor and Member Bank. Merchant will only
allow Merchant Servicers or Agents to have access to cardholder data for the purposes that
are authorized by the Operating Rules. Any fees or liability assessments from actual or
alleged noncompliance will be the sole liability of the Merchant. Merchants processing less
than 1 million annual Visa transactions and using third parties for POS application, terminal
installation and integration must engage Payment Card Industry (PCI) Qualified Integrator
Reseller (QIR) professionals to install, integrate, and support point-of-sale applications and
terminal installation and integration. Merchant shall indemnify and hold Member Bank and
Processor harmless against losses or damages arising from the acts or omissions of Merchant
Servicers or Agents engaged by Merchant.
5.6 Loss or Theft. Merchant must immediately notify Member Bank and Processor
of any suspected or confirmed loss or theft of materials or records that contain Cardholder
Account Numbers or Card Transaction information. In the event of a suspected or confirmed
loss or theft Merchant shall provide immediate access to all facilities, systems, procedures,
equipment, and documents as may be deemed appropriate by Processor and Member Bank
or their designated representatives, regulators or auditors for inspection, audit, and copying
as deemed appropriate by both Member Bank and Processor in their individual sole
discretion. Merchant shall be responsible for all costs associated with such inspection, audit,
and copying however such costs may occur.
5.7 Merchant authorizes Processor to release its name and address to any third party
whom the Processor determines needs to know such information in order for Processor to
perform the Card Program services under this Merchant Agreement and who has requested
such information.
5.8 Merchant will not: (a) provide Cardholder Account Numbers, personal Cardholder
information or Transaction information to anyone except Processor, the Card Associations,
or Merchant’s Merchant Servicers or Agents for the purpose of assisting Merchant in
completing Card Transactions, or as specifically required by law; (b) retain or store Card
Magnetic Stripe, CVV, CVV2, CVC2 or CID data (including Track Data) subsequent to
Authorization for a Transaction; (c) sell, purchase, provide or exchange Card Account
Number information to any third party without the Cardholder’s consent, or to any entity
other than Merchant’s Merchant Servicers or Agents, Processor, the Card Associations, or in
response to valid legal process or subpoena; or (d) release any Cardholder information over
the telephone under any circumstances.
5.9 Merchant may not in any event, including its failure, including bankruptcy,
insolvency, or other suspension of business operations, sell, transfer, or disclose any
materials that contain Cardholder Account Numbers, personal information or Transaction
information to third parties. In the event that Merchant’s business fails or ceases to exist,
Merchant is required to return to Processor all such information or provide proof of
destruction of this information to Processor.
5.10 Merchant agrees to establish security procedures to protect Cardholder information
and comply with the Visa Cardholder Information Security Program (CISP), Mastercard’s
Site Data Protection (SDP) Program, Discover Information Security Compliance (DISC),
American Express Data Security Requirements, the Payment Card Industry (PCI) Data
Security Standards, and applicable laws pertaining to the privacy and security of personal
information (including, without limitation, and to the extent applicable, those of non-U.S.
governmental authorities). Detailed information about PCI DSS can be found at the PCI
DSS Council’s Website: www.pcisecuritystandards.org. The Card Associations, Processor
or Member Bank, and their respective representatives, may inspect the premises of Merchant
or any Merchant Servicer or Agent engaged by Merchant for compliance with security
requirements. Merchant acknowledges that any failure to comply with security requirements
may result in the imposition of restrictions on Merchant or the permanent prohibition of
Merchant’s participation in Card acceptance programs by the Card Associations. Merchant
shall indemnify and hold Processor and Member Bank harmless against any losses or
damages arising from Merchant's actual or alleged failure to comply with security procedures
and any losses or damages arising from or related to Merchant's acts or omissions that result
in an actual or alleged breach of data security, including but not limited to Merchant's non-
participation in any breach security program Processor may offer.
5.11 Processor acknowledges that it will maintain compliance with all applicable PCI
DSS requirements.
5.12 Federal regulations enacted pursuant to the USA PATRIOT Act and other
applicable laws require financial institutions with which Processor has relationships to verify
the identity of every person who seeks to open an account with a financial institution. As a
result of Merchant’s status as an account holder with Member Bank, Merchant shall provide
documentary verification of Merchant’s identity, such as a driver’s license or passport for an
individual and certified copy of organization documents for an entity in manner acceptable
to Processor and Member Bank. Processor and Member Bank reserve the right to verify
Merchant’s identity through other non-documentary methods as Processor and Member
Bank deems appropriate in its sole discretion. Processor and Member Bank may retain a
copy of any document it obtains to verify Merchant’s identity with the financial institution.
6. OPERATING RULES.
6.1 Merchant must comply with the Operating Rules, as the same may be amended
from time to time. The Operating Rules may change with little or no advance notice to
Merchant and Merchant will be bound by all such changes. If Merchant objects to any
change in the Operating Rules, it must immediately stop accepting new Transactions for
Cards governed by the change. The Operating Rules will govern in the event that there is
any inconsistency between the Merchant Agreement and the Operating Rules. However,
nothing in the Merchant Agreement shall be construed to impose on Merchant a requirement
(including a requirement under the Operating Rules) which is prohibited by mandatory
provisions of applicable law (i.e., where the applicability of such provisions of law to the
Merchant Agreement, and of the law’s prohibition to the particular requirement which
otherwise would be imposed on Merchant hereunder, cannot lawfully be waived by
agreement), but the requirement hereunder shall be construed to continue in effect and to be
imposed on Merchant in all respects and at all times to the fullest extent possible without
violating the law’s prohibition, with only those particular applications of the requirement
which would violate the law’s prohibition deemed severed from the provisions hereof.
6.2 Operating Rules of the Debit Networks may differ among them with respect to the
Transactions they allow. Processor, at its discretion, may require that the most restrictive
requirements of one Debit Network apply to all of Merchant’s On-line Debit Card
Transactions, regardless of Card type.
7. MERCHANT’S BUSINESS; OTHER PROCESSORS.
7.1 Compliance With Laws. Merchant will comply with all applicable federal, state,
and local laws and regulations (“Requirements of Law”), including but not limited to laws
and regulations regarding anti-money laundering compliance, in completing Transactions,
submitting them to Processor, performing its obligations under the Merchant Agreement, and
otherwise conducting its business.
7.2 Change in Name or Business. Merchant will give Member Bank and Processor
at least thirty days’ prior written notice before any change in Merchant’s name or location,
any change in ownership or management of Merchant’s business, any sale, assignment,
rental, lease or transfer of ownership of any location that accepts Cards, or any material
change in information concerning Merchant in the Merchant Application, and material
change in the type or nature of the business carried out by Merchant or otherwise required to
be provided to Processor.
7.3 Other Processors. To the extent permitted by applicable law, Merchant agrees
that it will not participate in a Card Program with another financial institution or processor
without Processor’s written approval.
8. CREDIT REPORTS AND OTHER INFORMATION.
8.1 Reports About Merchant. From time to time, Processor may obtain credit and
other information on Merchant, owners and officers of Merchant, any and all personal
guarantors of Merchant, and any signatory to the Merchant Application, from others (such
as customers and suppliers of Merchant, lenders and credit reporting agencies), and furnish
information on Merchant’s relationship with Processor and Processor’s experience with
Merchant to others seeking the information.
8.2 Reports from Merchant. Merchant will provide Processor with updated business
and financial information concerning Merchant, including financial statements, tax returns,
evidence of required licenses and other information and documents Processor may
reasonably request from time to time. Merchant shall further provide Processor such
information as it may request for the making of insurance claim, regulatory or other filings
related to Merchant’s activity pursuant to this Agreement. All material marked “confidential”
which Processor receives from Merchant will be used only by Processor, Member Bank or
Card Association in performing the Card Program services under this Merchant Agreement
or related services and reporting. Processor, Member Bank and any Card Association,
regulator, auditor or any other entity having authority may audit Merchant’s records relating
to this Merchant Agreement. Merchant shall provide all documentation, information or other
inspection rights requested by Processor’s or Member Bank’s regulators or auditors or
otherwise to enable Processor and Member Bank to meet Requirements of Law. Without
limiting the generality of the foregoing, Merchant understands and agrees that if, at the time
of signing this Merchant Agreement Merchant is undergoing a forensic investigation,
Merchant must notify Processor and fully cooperate with the investigation until it is
completed.
8.3 Information. Merchant authorizes Processor to release and use information
collected in connection with Processor’s provision of services to the Merchant contemplated
in the Merchant Agreement, to third parties that provide services to Processor or Merchant,
for marketing purposes with third parties with whom Processor has a relationship to offer
products and/or services to merchants, or to any third party that requests and has a reason to
know such information, including but not limited to the Card Associations, and any third
party having regulatory control over any party.
9. ASSIGNMENT; BANKRUPTCY.
9.1 Assignment. The Merchant Agreement is binding upon the successors and assigns
of Processor, Member Bank and Merchant. Merchant will not assign or transfer (including
by merger, change of control or operation of law) the Merchant Agreement (in whole or in
part) to another person or entity without Processor and Member Bank’s prior written consent City Council 20 –18 11/16/2021
Page 5 of 10 UNIVMERAGMT v22.0421
and any purported assignment made without Processor’s and Member Bank’s consent will
be void.
9.2 Bankruptcy.
(a) Merchant will notify Processor immediately if any bankruptcy, insolvency or
similar petition is filed by or against Merchant. Merchant acknowledges that this Merchant
Agreement constitutes an executory contract to extend financial accommodations as defined
in 11 U.S.C. §365(c)(2) and that the Merchant Agreement cannot be assumed or assigned in
the event of bankruptcy. Merchant and Processor agree that in the event of Merchant’s
bankruptcy, Processor shall be entitled to suspend further performance under this Merchant
Agreement.
(b) Merchant acknowledges and agrees that in the event of a bankruptcy
proceeding, Merchant must establish a Reserve Account or maintain a previously established
and then current Reserve Account in amounts required by Processor and in accordance with
any Reserve Account provision specified in this Merchant Agreement. Processor will have
the right to setoff against the Reserve Account for any and all obligations which Merchant
may owe Processor, without regard as to whether the obligations relate to Transactions
initiated or created before or after the filing of the bankruptcy petition.
10. AMENDMENTS; WAIVERS.
10.1 Amendments. Bank shall have the right to modify or amend the terms and
conditions of this Merchant Agreement, including, without limitation, the right to modify,
amend, or supplement applicable fees, charges, and/or discounts. Modifications and
amendments related to changes to the Operating Rules, changes to the fees charged by the
Card Associations, Member Bank, or third parties, or in response to changes in Requirements
of Law (collectively, a “Third Party Change”) may be made effective immediately, with or
without notice. Modifications or amendments unrelated to a Third Party Change shall be
effective upon the date specified in a notice to the Merchant (the “Change Notice”), provided
that the date shall not be fewer than five business days after the date of such Change Notice.
A Change Notice may be reflected as a message attached to Merchant’s monthly billing
statements. Following the Effective Date, in the event of any modification or amendment not
related to a Third Party Change, Merchant shall have the right to terminate this Merchant
Agreement, without liability for premature termination pursuant to Section 11.2(d), by
providing written notice thereof to Processor, provided that such notice must be given within
five business days following the date of the Change Notice. Other than the amendments set
forth above, this Merchant Agreement may be amended only in writing signed by Merchant,
Member Bank, and Processor.
10.2 Waivers. Bank’s failure to enforce this Merchant Agreement will not waive
Bank’s rights under this Merchant Agreement. Waivers of any provision of this Merchant
Agreement must be in writing and signed by Bank. A waiver in one instance will not apply
to other occasions unless that intent is clear from the signed waiver.
11. TERM; TERMINATION.
11.1 Term/Renewal. The initial term of this Merchant Agreement shall be for the term
of three years (the “Initial Term”) commencing on the earlier date of the presentation of the
first Transaction, including any test Transaction, by Merchant to Bank or the date Bank
approves the Merchant Application; provided, however, that if Merchant is receiving these
terms and conditions as an amendment to an existing Merchant Agreement, the amendment
shall not affect the then-existing term. By either Merchant’s signature on the Merchant
Application or Merchant’s processing a Transaction with Bank, Merchant confirms
acceptance of the Merchant Agreement. At the expiration of the Initial Term, this Merchant
Agreement will automatically renew for successive one year periods (each a “Renewal
Term” and collectively with the Initial Term the “Term”) unless a party provides the other
parties with notice of its intent not to renew the Merchant Agreement at least ninety days
prior to the expiration of the then current term.
11.2 Termination.
(a) Termination without Cause. Member Bank or Processor or Member Bank’s
or Processor’s designated representative may terminate the Merchant Agreement as to all
Card types or individually specified Card types, without cause, upon thirty days advance
written notice.
(b) Termination for Cause by Processor or Member Bank. Member Bank or
Processor or Member Bank’s or Processor’s designated representative may terminate the
Merchant Agreement in its sole and absolute discretion, effective immediately, upon written,
electronic or oral notice, to Merchant if Member Bank or Processor reasonably determines
that any of the following conditions exists:
(i) Merchant has violated any provision of the Merchant Agreement.
(ii) There is a material adverse change in Merchant’s financial condition,
material change in Merchant’s processing activity, processing activity inconsistent with the
Merchant Application, or Member Bank or Processor determines in its sole discretion that
Merchant’s processing activity could result in a loss to Processor or Merchant Bank.
(iii) A petition in bankruptcy has been filed by or against Merchant,
Merchant is generally unable to pay its debts as they become due, a receiver, custodian,
trustee, liquidator or similar official is appointed for a substantial portion of Merchant’s
business, there is a general assignment for the benefit creditors, or the business terminates.
(iv) Any information which Merchant provided to Processor or Merchant
Bank, including Merchant Application information, was false, incomplete or misleading
when received, or has materially changed since Merchant provided such information.
(v) At any time during the term of the Merchant Agreement, Merchant has
had a monthly ratio of Chargebacks to Transactions that Processor or Member Bank, in their
sole and absolute discretion, deems excessive.
(vi) There is an overdraft for three days or more in the Settlement Account,
or overdrafts in the Settlement Account are otherwise excessive.
(vii) Merchant or any of Merchant’s officers or employees has been
involved in processing Transactions with Processor or Member Bank or other parties arising
from fraudulent or otherwise unauthorized transactions.
(viii) Merchant is or will be unable or unwilling to perform its obligations
under the Merchant Agreement or any applicable laws.
(ix) Merchant has failed to pay Processor or Member Bank any amount
when due.
(x) Merchant has failed to promptly perform or discharge any obligation
under the Merchant Agreement, the Settlement Account or the Reserve Account.
(xi) Any of Merchant’s representations or warranties made in connection
with the Merchant Agreement was not true or accurate when given.
(xii) Merchant has defaulted on any agreement it has with Processor or
Member Bank.
(xiii) Processor or Member Bank is served with legal demand, order or
process seeking to attach or garnish any of the provisional credits arising out of or relating
to the Merchant Agreement, Merchant’s funds or property in Processor’s or Member Bank’s
possession,
(xiv) The Operating Rules are amended in any way such that Processor or
Member Bank determines that the continued existence of the Merchant Agreement would
cause Processor or Member Bank to be in breach of such Operating Rules.
(xv) Any Guaranty supporting Merchant’s obligations is revoked,
withdrawn or terminated or altered in any way.
(xvi) Any governmental entity initiates proceedings against, or an
investigation regarding, Merchant, or Processor or Member Bank reasonably believes that a
governmental entity may do so.
(xvii) If any circumstances arise regarding Merchant or its business that, in
Processor’s or Member Bank’s discretion, make harm or loss of goodwill to Processor,
Member Bank or any Card Association likely.
(c) Termination for Cause by Merchant. Merchant may terminate the Merchant
Agreement in the event of a material breach of the terms of the Merchant Agreement by
Processor, provided Merchant gives Processor written notice of any alleged breach and such
breach remains uncured for a period of thirty days following receipt of written notice by the
Processor.
(d) Damages for Early Termination.
(i) Processor and Merchant acknowledge and agree that in addition to all
other remedies available to Processor under the Merchant Agreement or as otherwise
available in law or equity, if the Merchant Agreement is terminated prior to the expiration of
the applicable Term of the Merchant Agreement for any reason other than for a material,
uncured breach by Processor, Merchant agrees to pay Processor damages (the “Damages”)
determined by adding an account closure fee as follows (unless a different amount is
disclosed on the Merchant Application): (1) $250 for Merchants with less than twelve months
remaining from the date of termination to the end of the then current Term, or; (2) $500 for
Merchants with more than twelve months remaining, or such portion of the foregoing as may
be permitted by applicable law.
(ii) Merchant agrees that such Damages shall also be due to Processor if
Merchant discontinues submitting Transactions for processing during the Term for a period
of ninety (90) consecutive days, and is not designated on the Merchant Application, or by
notice to Processor, as a seasonal merchant or as otherwise agreed to by Processor.
(iii) Merchant acknowledges and agrees that the Damages are not a penalty
but rather are a reasonable computation of the financial harm caused by the termination of
the Merchant Agreement or the cessation of processing activity by Merchant.
(e) Member Bank’s or Processor’s rights of termination under the Merchant
Agreement are cumulative. A specific right of termination shall not limit any other right of
Processor or Member Bank to terminate the Merchant Agreement expressed elsewhere in the
Merchant Agreement. Notice of termination may be given orally or in writing, if given orally,
shall be confirmed in writing, except as otherwise stated in the Merchant Agreement.
(f) Upon termination, Merchant’s rights to complete Transactions and submit
them to Processor, and to use Transaction form or formats, promotional material and any
other items provided by Processor, will cease. Termination of the Merchant Agreement will
not terminate the rights and obligations of Merchant, Processor and Member Bank relating
to acts or omissions occurring before termination, including for example, any Processing
Fees or other service fees owed to Processor, any Transactions processed for Merchant by
Processor (whether before or after termination), Merchant’s Chargeback and indemnity
obligations, and the Security Interest granted to Processor and Member Bank in the Merchant
Agreement.
(g) It is understood that a file for terminated merchants referred to as Member
Alert to Control High-Risk Merchants (“MATCH”), formerly known as the Terminated
Merchant File (“TMF”), is managed and maintained by Mastercard and utilized by the Card
Associations and acquiring banks to identify the names of any business (and its principals)
that have been terminated for certain reasons, including fraud, depositing excessive
counterfeit paper, excessive unauthorized transactions, excessive chargebacks, depositing
paper for others (laundering), bankruptcy or breach of a Merchant Agreement. Merchant
acknowledges that Member Bank or Processor is required to report Merchant to the MATCH
(and/or on the Consortium Merchant Negative File (the CMNF) published by Discover®
Network) if the Merchant Agreement is terminated for any of the foregoing reasons or other
reasons as may be modified by the Card Associations. Merchant agrees and consents to such
reporting in the event of the termination of the Merchant Agreement for any of the foregoing
reasons, and Processor and Member Bank shall have no liability for such reporting, even in City Council 20 –19 11/16/2021
Page 6 of 10 UNIVMERAGMT v22.0421
instances where Merchant contends that the foregoing bases for termination do not, in fact,
exist.
(h) Sections 2.3, 3, 4, 5, 6, 7, 8.1, 9.1, 10.2, 11, 12, 13, 14, 15, 16.3, 16.4 17, 18,
19, 20, 22, 23, 24, and 25 will survive termination of the Merchant Agreement.
12. SETTLEMENT ACCOUNT.
12.1 Settlement Account Required. Merchant must maintain a Settlement Account in
Merchant’s name in satisfactory condition at a depository institution under arrangements
acceptable to Processor. The Settlement Account will be subject to the provisions of Section
14 of this Merchant Agreement.
12.2 Minimum Balance. Merchant agrees to maintain a minimum balance of funds in
the Settlement Account as Processor may specify to Merchant in writing from time to time.
12.3 Provisional Credits. Subject to the terms and conditions of the Merchant
Agreement, Processor and Member Bank agree to provisionally credit Merchant for each
Transaction that Processor accepts from Merchant. Merchant acknowledges that Processor
and Member Bank may reverse or revoke such credit, including in response to any
Chargeback. Furthermore, Merchant agrees that Processor and Member Bank may charge or
debit the Settlement Account for the amount of any Transaction processed under the
Merchant Agreement, or any agreement Processor or Member Bank may have with any
Merchant Affiliate, that results in a Chargeback, or for any Credit Transaction Receipt or
other reimbursement or Processing Fees or other Merchant obligation to which Processor or
Member Bank may be entitled under the Merchant Agreement.
12.4 Audits and Adjustments. Merchant agrees that Processor and Member Bank may
audit all Transaction calculations and that Processor and Member Bank shall have the right,
without notice, to make withdrawals, deposits, or other adjustments to or from the Settlement
Account for any deficiencies or overages.
12.5 Errors and Disputes. Processor and Member Bank shall be entitled to presume
that any amounts the Processor and Member Bank pays to or debits from Merchant are
correct unless Merchant disputes these by sending Processor written notice within thirty days
of the date of the applicable statement containing any disputed payments or debits.
PROCESSOR AND MEMBER BANK SHALL NOT BE LIABLE FOR ANY DISPUTED
PAYMENTS OR DEBITS, INCLUDING ANY ALLEGEDLY IMPROPER FEE(S),
UNDERPAYMENTS, OR BILLING ERRORS, WHICH ARE NOT REPORTED TO
PROCESSOR IN WRITING WITHIN SUCH THIRTY-DAY PERIOD.
12.6 POS Equipment. If Merchant chooses to rent or lease POS Equipment from
Processor or utilizes software provided by Processor for use in processing Transactions,
Merchant agrees to pay Processor: (a) a pre-determined monthly rental fee; (b) any initial
upfront costs as required; and (c) all applicable taxes for such POS Equipment or software
utilization.
12.7 Settlement Account Closure. If the Settlement Account is closed, Processor or
its designated representative may terminate the Merchant Agreement, effective immediately,
upon written or oral notice (with written confirmation in the event of oral notice) unless
Merchant opens another Settlement Account acceptable to Processor. Merchant may change
the Settlement Account upon prior written approval by Processor, which approval will not
be unreasonably withheld.
12.8 ACH Authorization. Merchant authorizes Processor and Member Bank or their
agents or designated representatives to initiate debit and credit entries and adjustments to the
Settlement Account or the Reserve Account (described in Section 13 of the MPA) through
the ACH settlement process for amounts due under the Merchant Agreement. This
authorization will remain in full force and effect until termination of the Merchant
Agreement and the full and final payment of all obligations of Merchant due under the
Merchant Agreement. Merchant acknowledges and agrees that Processor and Member Bank
will not be liable for any delays in receipt of funds, any failure by Merchant to receive funds,
or errors in debit or credit entries caused by Merchant, or third parties, including but not
limited to any Card Association or any financial institution.
13. ADDITIONAL COLLATERAL SECURITY; RESERVE ACCOUNT.
As a condition for providing Card Program services, Merchant may, at Processor’s
discretion, be required to provide additional collateral security for Merchant’s obligations
hereunder, which additional collateral security shall be of a kind, and in amounts, satisfactory
to Processor in Processor’s sole discretion, and which shall be in addition to all other
collateral provided for in Section 14 hereof. Processor may require that all or any part of the
additional collateral be deposited in a Reserve Account, in which case the following
provisions of this Section 13 shall apply:
13.1 Reserve During Term of Merchant Agreement.
(a) Merchant may be required to deposit, or Processor or Member Bank may
deposit by deducting from any provisional credit or payment otherwise due to Merchant or
from any funds in the Settlement Account or any other deposit account of Merchant, into an
account maintained by Member Bank (or at another approved depository institution) (the
“Reserve Account”), initially or at any time in the future as requested by Processor, sums
sufficient to satisfy Merchant’s current and/or future obligations as determined by Processor
in its sole and absolute discretion. In lieu of establishing a Reserve Account, Processor may,
at its election, demand and receive other forms of additional collateral security, including,
without limitation, letters of credit or certificates of deposit. Failure to supply such additional
collateral security shall constitute a material breach of this Merchant Agreement.
(b) The Reserve Account will be separate from the Settlement Account.
Notwithstanding anything else in this Merchant Agreement to the contrary, Merchant shall
have no ownership interest or property rights in the Reserve Account or the funds therein,
no right of withdrawal from the Reserve Account, and no right to receive interest on funds
held in the Reserve Account. Rather, the Reserve Account shall be under the sole control of
Member Bank. Any and all earnings from deposits of Merchant to the Reserve Account shall
be the sole property of the Processor.
13.2 Reserve Account Deposits.
(a) At any time in Processor’s sole and absolute discretion, Processor may (i)
designate the minimum balance required to be deposited in the Reserve Account, (ii) require
that the amount on deposit in the Reserve Account be increased, (iii) require that Merchant
deposit, or Processor or Member Bank may deposit for Merchant into the Reserve Account
a percentage of, or a fixed amount from each Transaction processed, or (iv) otherwise
determine the amount to be deposited in the Reserve Account. Processor at its sole and
absolute discretion may require that each month Merchant deposit, or Processor or Member
Bank may deposit by deducting from any provisional credit or payment due to Merchant or
from any funds in the Settlement Account or any other deposit account of Merchant sums
into the Reserve Account no later than the twentieth day of the month. Processor shall notify
Merchant as to the amount of the funds to be deposited each month.
(b) Merchant acknowledges and agrees that the Reserve Account may contain
both funds deposited by Merchant and funds of other merchants of the Processor.
13.3 Deductions from Reserve Account. If funds are not available in the Settlement
Account, Processor or Member Bank without prior notice to Merchant may deduct from any
provisional credits or payment due to Merchant that are maintained in the Reserve Account
any current or future obligation of Merchant to Processor or Member Bank under the
Merchant Agreement, including all Processing Fees, Chargebacks, Credit Transaction
Receipts, Damages, and any and all additional fees and obligations under the terms of the
Merchant Agreement, and sums sufficient to reimburse Processor and Member Bank for the
amount of any liability assessments and charges due the Card Associations.
13.4 Replenishment of Reserve Account Deficiencies. Whenever the balance in the
Reserve Account is less than the minimum balance required, or is otherwise deficient,
Processor or Member Bank may, without prior notice, deposit the deficiency into the Reserve
Account by reducing any payment to Merchant required by the Merchant Agreement or
deduct the deficiency from the Merchant’s or Merchant’s Affiliate’s Settlement Account or
any other deposit account of Merchant or Merchant Affiliate with another depository
institution (including accounts of general partners if Merchant is a partnership) and deposit
it into the Reserve Account. Merchant authorizes deductions from its accounts by ACH entry,
sight draft, preauthorized check, reverse wire, or otherwise as Processor and Member Bank
deem appropriate under the circumstances. In addition, Merchant will deposit any deficiency
into the Reserve Account within one Business Day after receiving Processor’s oral or written
request. Without limiting Processor’s remedies, Merchant’s failure to deposit any deficiency
on time will permit Processor, without advance notice, to suspend or cease processing
additional Transaction Receipts and Credit Transaction Receipts. Processor will give
Merchant written notice of any suspension or cessation of processing.
13.5 Additions to Reserve Account. If Processor has reason to believe that Merchant
may be liable to customers or to Processor for Chargebacks exceeding the balance in the
Reserve Account, Processor or Member Bank may: (a) immediately place in the Reserve
Account provisional credits or payments otherwise due to Merchant and/or stop processing
transactions for Merchant until such time as the extent of Merchant’s obligations to Processor
and Member Bank, or Merchant’s liability for Chargebacks, or Merchant’s liability to
customers are known, and Processor no longer deems itself insecure, and/or (b) demand from
Merchant an amount that in Processor’s judgment is needed to ensure payment of Merchant’s
obligations and liabilities. Merchant’s failure to pay any amount will permit Member Bank
or Processor or its designated representative to terminate the Merchant Agreement
immediately without advance notice.
13.6 Reserve Account After Merchant Agreement Terminates. Processor or
Member Bank may continue to hold or deposit funds in the Reserve Account after
termination of the Merchant Agreement, regardless of whether termination is by Merchant,
Processor or Member Bank. Upon termination of the Merchant Agreement by Merchant,
Processor or Member Bank, Processor and Member Bank may retain sufficient funds to
satisfy any and all Processing Fees, Chargebacks, Credit Transaction Receipts, Damages,
and any and all additional fees, and sums sufficient to reimburse Processor and Member
Bank for the amount of any liability assessments and charges due the Card Associations or
other obligations or liabilities arising or, in Processor’s or Member Bank’s discretion, likely
to arise under the terms of the Merchant Agreement. If no funds have been deposited into
the Reserve Account before termination, Processor, at Processor’s option, may notify
Merchant to deposit funds into the Reserve Account upon termination of the Merchant
Agreement. All provisions which apply to a pre-termination Reserve Account will apply
after termination, including replenishment of deficiencies. The funds will be held by
Processor and Member Bank or its designated agent for a period of not less than one hundred
eighty days from the date of the last Transaction, including, but not limited to a Chargeback,
processed under the Merchant Agreement, plus the period of any warranty, guarantee, and/or
return policy on goods and/or services sold. Processor and Member Bank will turn over the
balance in the Reserve Account to Merchant after Processor reasonably determines that the
risk of Chargebacks, Processing Fees or Merchant’s liabilities or obligations under the
Merchant Agreement has ended and after deducting all amounts that Merchant owes to
Processor and Member Bank under the Merchant Agreement or any other agreement.
14. SECURITY INTEREST.
14.1 Merchant’s Grant of Security Interest.
(a) To secure Merchant’s performance of its obligations under this Merchant
Agreement, and any other agreement with Processor or Member Bank, Merchant grants
Processor and Member Bank a security interest in each Transaction and its proceeds,
provisional credits, the Settlement Account, the Reserve Account (without in any way
suggesting that Merchant has ownership interest or property rights in the Reserve Account),
and any other deposit account of Merchant with a financial institution, whether now existing
or established in the future, and in the proceeds of all those accounts, any funds due to City Council 20 –20 11/16/2021
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Merchant from Processor or Member Bank and any of Merchant’s property held by Processor
or Member Bank. Processor and Member Bank may enforce these security interests without
notice or demand. The security interests granted under this Merchant Agreement will
continue after the Merchant Agreement terminates, until Merchant satisfies all its obligations
to Processor and Member Bank.
(b) Furthermore, and with respect to any security interests granted herein,
Processor and Member Bank will have all rights afforded under the Uniform Commercial
Code, as the same may, from time to time, be in effect in the State of Georgia; provided,
however, in the event that, by reason of mandatory provisions of law, any or all of the
attachment, perfection or priority of the security interests granted herein is governed by the
Uniform Commercial Code as in effect in a jurisdiction other than the State of Georgia, then
Processor and Member Bank will have all rights afforded under the Uniform Commercial
Code as in effect from time to time in such other jurisdiction for purposes of the provisions
relating to such attachment, perfection or priority of the security interests, as well as any
other applicable law.
14.2 Perfection of Security Interest. Upon request of Processor, Merchant will
execute one or more financing statements or other documents to evidence the security
interests granted to Processor and Member Bank under this Section 14. Merchant shall
cooperate with Processor in obtaining any control agreement or similar agreement with a
depository bank necessary to perfect the security interests granted herein. In addition,
Merchant agrees that its signature on the Merchant Application will be considered
Merchant’s signature agreeing to any control agreement as defined in Article 9 of the
Uniform Commercial Code among Merchant, Processor, Member Bank and any other
financial institution under which Processor, Member Bank, Merchant and any other financial
institution agree to the disposition of funds in the Settlement Account, the Reserve Account
or any other deposit account without further consent by Merchant.
15. CUSTOMER CLAIMS. To the extent that Processor or Member Bank has paid or may
become liable for a Chargeback or Credit Transaction Receipt, Merchant will be obligated
to reimburse Processor and Member Bank for any sums Processor or Member Bank pays or
for which Processor or Member Bank is liable. If Merchant does not reimburse Processor or
Member Bank, Processor and Member Bank will have all of the rights and remedies of
Cardholders, including the Cardholders’ rights under 11 U.S.C. §507(a)(6). Processor and
Member Bank may assert any claim on behalf of a Cardholder individually or on behalf of
all Cardholders as a class.
16. PROCESSING FEES.
16.1 Fee Schedule. Merchant will pay Processing Fees in the amount specified in the
Fee Schedule attached to the Merchant Application or as otherwise provided for in this
Merchant Agreement or an Addendum thereto. Monthly recurring Processing Fees will be
assessed upon approval of the Merchant Application. Processor may amend, supplement,
modify, or increase the Processing Fees, including, without limitation, introducing new
products or services, pursuant to Section 10.1 of this Merchant Agreement.
16.2 Card Association Actions. Processor will not be required to provide Merchant
with fifteen days’ notice of an increase in Processing Fees in the event that any Card
Association, or any other entity having such authority takes any action that increases the
Processing Fees.
16.3 Government and Regulatory Actions. Processor will not be required to provide
Merchant with fifteen days’ notice for any increase in Processing Fees resulting from any
fine, charge, fee or cost incurred in connection with any state, federal or other regulatory
action, change in laws or regulations or escheatment of Merchant’s funds.
16.4 Payment. Processing Fees and other service charges, obligations or liabilities
owed by Merchant to Processor or Member Bank under the Merchant Agreement may be
deducted by Processor or Member Bank from amounts due Merchant, or from the Settlement
Account or from the Reserve Account. Merchant will pay the amounts due by the next
Business Day if sufficient funds are not available in the Settlement Account.
17. INDEMNIFICATION; LIMITATION OF LIABILITY; WARRANTY.
17.1 Indemnification. Merchant shall indemnify each of Processor and Member Bank,
including their respective officers, directors, employees, independent sales organizations
(“ISOs”), and agents, against and hold them harmless from any and all claims, demands,
settlements, losses, damages, liabilities, costs and expenses of any kind (including reasonable
attorney’s fees) of any party arising from or based upon any actual or alleged act or omission
of Merchant, Merchant’s employees, Merchant’s designated representatives or agents,
Merchant Servicers or Merchant’s Agent(s) in connection with or arising out of this
Merchant Agreement, the duties to be performed by Merchant pursuant to the Merchant
Agreement, any Transactions which Merchant submits to Processor (including
Chargebacks), or Merchant’s actual or alleged violation of the Operating Rules or any
Requirements of Law. In the event that Processor or Member Bank is made a party to any
litigation, proceeding, arbitration, bankruptcy proceeding, or other legal process (collectively
“Actions”) commenced by any third party, Merchant shall protect and hold each of Processor
and Member Bank harmless from and with respect to the Actions and shall indemnify such
party from and against all costs, expenses, and attorney’s fees, including in-house legal fees,
incurred or paid in connection with the Action, together with any judgments, settlements,
losses, damages or other liabilities. Merchant shall indemnify, defend, and hold harmless
each of Processor and Member Bank from and against any actual or alleged hacking,
infiltration, or compromise of Merchant’s systems or the systems of Merchant, Merchant
Servicers or Merchant’s Agent(s), designated representatives, or other agents.
17.2 Limitation of Liability. Each of Processor and Member Bank will not accept
responsibility for errors, acts, or failure to act by others, including but not limited to,
Merchant Servicers, Agents, third party suppliers of software, equipment or services; or,
banks, communication common carriers, data processors or clearinghouses through which
transactions may be passed, originated and/or authorized. Each of Processor and Member
Bank will not be responsible for any loss, liability or delay caused by fires, earthquakes, war,
civil disturbances, power surges or failures, acts of governments, acts of terrorism, labor
disputes, failures in communication networks, legal constraints or other events beyond the
control of Bank. Each of Processor and Member Bank undertakes no duties to Merchant
other than the duties expressly provided for in the Merchant Agreement, and any and all
other or additional duties that may be imposed upon Processor or Member Bank in law or
equity are hereby irrevocably waived and released to the maximum extent permitted by law.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE CUMULATIVE LIABILITY OF EACH OF PROCESSOR AND
MEMBER BANK, AS WELL AS THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS, TO MERCHANT, WHETHER ARISING IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE
AND STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE
LESSER OF $10,000 OR, THE AMOUNT EQUAL TO THE AGGREGATE OF
MONTHLY NET PROCESSING FEES PAID BY MERCHANT IN THE THREE
MONTH PERIOD PRIOR TO THE MONTH THAT THE INCIDENT GIVING RISE
TO LIABILITY OCCURRED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PROCESSOR OR MEMBER BANK OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE
LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OR FOR ANY INTERRUPTION OR LOSS OF USE,
DATA, BUSINESS OR PROFITS, WHETHER OR NOT SUCH LOSS OR
DAMAGES WERE FORESEEABLE OR PROCESSOR OR MEMBER BANK WAS
ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER
ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
PROCESSOR AND MEMBER BANK SPECIFICALLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY
INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE SERVICES
PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PROCESSOR AND MEMBER BANK DO NOT GUARANTEE OR
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-
FREE.
18. NOTICES. Each notice required by the Merchant Agreement will be in writing (hard
copy or electronic), except as otherwise stated in the Merchant Agreement, and will be
effective when delivered, (a) to Member Bank at the address designated on the Merchant
Application, and the return address on Merchant’s Card processing statements, (b) to
Processor at the address designated on the Merchant Application and (c) to Merchant at
Merchant’s address to which Processor mails Merchant’s statements or at the electronic
mail address provided by Merchant in the Merchant Application, or at such other address
as any party may provide by written notice to the other parties. Any address Merchant
designates may also be the address to which Processor mails Merchant’s statements. Where
applicable, delivery by facsimile transmission or electronic mail will be considered
effective when the sender receives electronic confirmation of the transmission.
19. GEORGIA LAW; JURISDICTION; VENUE. Merchant’s offer to enter into this
Merchant Agreement is made in Muscogee County, Georgia; this Merchant Agreement shall
be performed by Merchant in Muscogee County, Georgia and governed by Georgia law,
excluding its conflict of laws rules. Merchant and Guarantor agree to bring any claim or
action relating to the Merchant Agreement in binding arbitration as set forth in Section 20.2
below. Any matters not otherwise subject to arbitration (such as, by way of example only,
injunctive relief, action to recover any monetary losses or damages from unpaid obligations
of the Merchant under the Merchant Agreement, or claims to enforce an arbitration award),
shall be brought in the state or federal courts located in Muscogee County, Georgia. All
parties irrevocably and unconditionally submit to the jurisdiction of such courts with respect
to any such action. In the event that Processor or Member Bank is required to resolve a
dispute with Merchant that requires any action under this provision, Merchant hereby agrees
and consents to receive service of process by certified mail.
20. ATTORNEY FEES; ARBITRATION; CLASS ACTION WAIVER.
20.1 Attorney Fees. Merchant and/or Guarantor will be liable for and will indemnify
and reimburse Processor and Member Bank for all attorneys’ fees, including in-house legal
fees, and other costs and expenses paid or incurred by Processor and Member Bank in the
enforcement of this Merchant Agreement or in matters relating to this Merchant Agreement,
or arising from any breach by Merchant of this Merchant Agreement, or any other
wrongdoing by Merchant or Guarantor. In the event Processor or Member Bank must engage
in any recovery or collection efforts to collect any amounts due from Merchant to Processor
or Member Bank, Merchant will reimburse Processor and Member Bank for all fees and
expenses incurred in such collection, plus reasonable administrative fees and expenses.
20.2 Arbitration.
NOTE: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR
RIGHTS AND THE RESOLUTION OF DISPUTES
ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION
WITH THIS AGREEMENT OR THE RELATIONSHIPS WHICH RESULT FROM THIS
AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER
THAN IN COURT; HOWEVER, MERCHANT MAY ASSERT CLAIMS IN SMALL City Council 20 –21 11/16/2021
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CLAIMS COURT IF (1) THE CLAIMS QUALIFY FOR SMALL CLAIMS COURT; (2)
THE MATTER REMAINS IN SMALL CLAIMS COURT AT ALL TIMES; AND (3) THE
MATTER PROCEEDS ONLY ON AN INDIVIDUAL (NOT A CLASS OR
REPRESENTATIVE BASIS). ARBITRATION DOES NOT PROCEED BEFORE A JURY
AND MAY INVOLVE MORE LIMITED DISCOVERY THAN A COURT
PROCEEDING. ANY ARBITRATION UNDER THIS AGREEMENT WILL ONLY BE
ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE
ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER
ARBITRATIONS ARE NOT PERMITTED.
The arbitrator's award or decision will not affect issues or claims involved in any proceeding
between Processor or Member Bank and any person or entity who is not a party to the
arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent necessary to provide relief
warranted by that party's individual claim. The arbitrator's award, if any, will not apply to
any person or entity that is not a party to the arbitration. However, nothing in this Section or
Merchant Agreement shall preclude any party from bringing issues to the attention of federal,
state or local agencies. Such agencies can, if the law allows, seek relief on your behalf.
Further, notwithstanding the foregoing, nothing in this Section or this Merchant Agreement
prohibits a party from applying to a court of competent jurisdiction for a temporary
restraining order, preliminary injunction, or other equitable relief.
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement
of the arbitration provisions of this section. Arbitration will be administered by JAMS
(www.jamsadr.com). For claims greater than $250,000, the JAMS Comprehensive
Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply
(if no such rules are in effect, JAMS default arbitration rules shall apply). For claims equal
to or less than $250,000, the JAMS Streamlined Arbitration Rules and Procedures in effect
at the time the arbitration is commenced will apply (if no such rules are in effect, JAMS
default arbitration rules shall apply). Unless the arbitrator(s) determine that justice or fairness
require otherwise: (i) any arbitration will proceed in Muscogee County, Georgia (although,
for the convenience of the Merchant or Guarantor (as applicable), any party or its counsel
may participate telephonically); and (ii) the arbitrator(s) will oversee limited discovery,
taking into account the amount in controversy and the parties’ desire to keep proceedings
cost-effective and efficient. Any decision rendered in any arbitration proceeding shall be
final and binding on each of the parties to the arbitration and judgment may be entered
thereon in any court of competent jurisdiction. The parties will maintain the confidential
nature of the arbitration proceeding except as may be necessary to enforce any award or to
comply with applicable law.
If the total damage claims in an arbitration are $10,000 or less, not including Merchant’s
attorney fees (“Small Arbitration Claim"), the arbitrator may, if the MERCHANT, prevails,
award the Merchant reasonable attorney fees, expert fees and costs (separate from Arbitration
Costs as defined below), but may not grant Processor its attorney fees, expert fees or costs
(separate from Arbitration Costs) unless the arbitrator determines that the Merchant’s claim
was frivolous or brought in bad faith. In a Small Arbitration Claim case, ISO will pay all
arbitration filing, administrative and arbitrator costs (together, “Arbitration Costs"). The
Merchant must submit any request for payment of Arbitration Costs to JAMS at the same
time the Merchant submits its Demand for Arbitration. However, if the Merchant wants
Processor to advance the Arbitration Costs for a Small Arbitration Claim before filing,
Processor will do so at the Merchant’s written request which must be sent to Processor at the
address in Section 18 above.
If the Merchant’s total damage claims in an arbitration exceed $10,000, not including the
Merchant’s attorney fees (“Large Arbitration Claim"), the arbitrator may award the
prevailing party its reasonable attorneys' fees and costs, or it may apportion attorneys' fees
and costs between the Merchant and Processor (such fees and costs being separate from
Arbitration Costs). In a Large Arbitration Claim case, if the Merchant is able to demonstrate
that the Arbitration Costs will be prohibitive as compared to the costs of litigation, ISO will
pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive.
Merchant hereby agrees that claims applicable to American Express may be resolved through
arbitration as further described in the American Express Merchant Requirements Guide (the
“American Express Guide”).
A court, not the arbitrator, will decide any questions regarding the validity, scope and/or
enforceability of this Section
20.3 Class Action Waiver.
NOTE: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR
RIGHTS AND THE RESOLUTION OF DISPUTES
MERCHANT AND GUARANTOR (IF APPLICABLE) ACKNOWLEDGE AND AGREE
THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS MERCHANT
AGREEMENT SHALL BE RESOLVED ON AN INDIVIDUAL BASIS WITHOUT
RESORT TO ANY FORM OF CLASS ACTION AND SHALL NOT BE
CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTIES.
21. FINAL AGREEMENT. This Merchant Agreement and all applicable Addenda attached
hereto, is the complete and final agreement between Merchant, Processor and Member Bank
for the Card Program services covered by this Merchant Agreement and supersedes all prior
or contemporaneous negotiations, stipulations or agreements between them with respect
thereto. In the event of any conflict or inconsistency between this Merchant Agreement and
any other agreement between Processor or any of its affiliates and Member Bank or any of
its affiliates (but not Merchant), such other agreement shall control with respect to such
conflict or inconsistency. If any provision of this Merchant Agreement is invalid or
unenforceable, the other provisions remain effective.
22. SEVERABILITY. If any term or provision of this Merchant Agreement is found to be
invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or
provisions hereof or the whole of this Merchant Agreement, but such terms or provisions
shall be deemed modified to the extent necessary to render such term or provision
enforceable, and the rights and obligations of the parties shall be construed and enforced
accordingly, preserving to the fullest permissible extent the intent and agreements of the
parties herein set forth. No part or portion of 20.2 (Arbitration) or Section 20.3 (Class Action
Waiver) shall be deemed so integral to either this Agreement as a whole, or to the remaining
parts or portions of Sections 20.2 or 20.3 hereof, that the unenforceability of that part or
portion should have any impact on or render the remainder unenforceable.
23. CONTINUING GUARANTY.
23.1 As a primary inducement to Processor to enter into the Merchant Agreement, and
to approve the Merchant Application of Merchant, the Guarantor(s), individually and
severally, who signed on the Guarantor signature line(s) on the Merchant Application, agree
to be bound by all terms and provisions of the Merchant Agreement to the same extent and
in the same manner as Merchant, and unconditionally and irrevocably, personally guarantee
the continuing full and faithful performance and payment by Merchant of each and all of
Merchant’s duties and obligations to Processor and Member Bank under the Merchant
Agreement or any other agreement currently in effect or in the future entered into between
Merchant or its principals and Processor or Member Bank, as such agreements now exist or
are amended from time to time, with or without notice to Guarantor(s).
23.2 Merchant and Guarantor(s) further agree to be bound by the terms and provisions
of any Merchant Agreement between Processor or Member Bank and any Merchant Affiliate,
regardless of whether such agreement currently exists or is executed, amended or supplement
at some future date. Merchant and Guarantor(s) unconditionally and irrevocably guarantee
the full payment and performance of each and all duties and obligations owed to Processor
or Member Bank by Merchant Affiliate pursuant to any Merchant Agreement. The
provisions of Section 23.3 apply to the guarantee by Merchant and Guarantor(s) of the
Merchant Affiliate’s obligations to Processor or Member Bank under any Merchant Card
Processing Agreement.
23.3 Guarantor(s) understands that Processor, without notice to Guarantor(s), may from
time to time renew or extend the Merchant Agreement, modify rates, limits, charges and fees,
or modify the amount or type of services provided to Merchant all of which may increase the
Guarantor’s obligations under this Guaranty. Guarantor(s) further understands that Processor
may proceed directly against Guarantor(s) without first exhausting Processor’s remedies
against Merchant, any other person or entity responsible to Processor or any security held by
Processor. This Guaranty is a continuing guaranty and will not be discharged or affected by
the release or discharge of Merchant or the death of the Guarantor(s). This Guaranty will
bind all heirs, administrators, and representatives of the Guarantor(s) and may be enforced
by or for the benefit of any successor of Processor. To the fullest extent permissible under
applicable law, Guarantor(s) waives any and all rights of subrogation, reimbursement or
indemnity derived from Merchant, all other rights and defenses available to Merchant, and
all other rights and defenses available to Guarantor(s). This Guaranty may not be otherwise
revoked, suspended, withdrawn or terminated without the express written consent of
Processor.
24. AUTHORIZED USERS. To the extent Merchant is granted electronic access to any
systems or portals of Processor, Merchant shall be responsible for (i) ensuring that only
authorized users of such systems or portals access the same; (ii) keeping all logins, user
names, and passwords confidential; and (iii) promptly notifying Processor of any
unauthorized access of such logins, user names, or passwords; and (iv) all actions taken by
anyone using such access, logins, user names, or passwords, even if such actions were not
authorized by Merchant.
25. TAXES. Merchant shall be solely responsible for the calculation, collection, and
remittance of any sales tax imposed by any government authority in connection with the
provision of Merchant’s goods or services. Unless Merchant is otherwise exempt (and can
prove such exemption to Processor’s satisfaction), Merchant agrees to pay all taxes imposed
on the services, equipment, or other property provided to Merchant pursuant to this
Agreement.
26. RELATIONSHIP OF THE PARTIES. Merchant designates Processor as its agent to
receive payments for transactions processed pursuant to this Card Services Agreement.
Processor, however, shall not be considered a partner or fiduciary to Merchant, and nothing
in this Merchant Agreement or the rendition of services related to this Merchant Agreement
shall be deemed to create a joint venture, partnership, or fiduciary relationship between or
among the parties. Rather, the relationships between Member Bank and Merchant, and
between Processor and Merchant, are arm’s length commercial relationships.
27. PRODUCTS AND SERVICES.
Important Note: Merchant acknowledges and agrees that Member Bank and its affiliates
have no obligation or liability whatsoever for: (1) the Products and Services described City Council 20 –22 11/16/2021
Page 9 of 10 UNIVMERAGMT v22.0421
herein, (2) any actions or omissions of Processor with respect to these Products and
Services, or (3) any claims or disputes arising out of the foregoing.
27.1 If Merchant elects to receive any of the ancillary Products and Services listed on
the Merchant Application (including but not limited to the Guardian Suite (and its related
products), Payment Acceptance Applications (WebPASS, Multi-PASS, and/or Hosted
Payments), and TransLink Insights either in various packages or on a product by product
basis, Merchant agrees to the following terms applicable to the relevant software licenses
(collectively, the “Licensed Software”). Use of the Licensed Software is limited to
Merchant’s internal business purposes. Title to and ownership of the Licensed Software
remains with Processor and its suppliers. Merchant may not (a) alter or modify the Licensed
Software, (b) reverse engineer, decompile, disassemble, or in any way attempt to derive the
source code for the Licensed Software, or (c) transfer the Licensed Software to any third
party or make the Licensed Software available to any third party as part of any time-sharing
or service bureau arrangement. Merchant will not export or re-export the Licensed Software
without the appropriate United States or foreign government licenses. All express and
implied warranties regarding the Licensed Software by Processor and its suppliers to
Merchant are disclaimed. For U.S. Government End Users: The Licensed Software is a
“commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more
specifically is “commercial computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Licensed
Software is provided to U.S. Government end users (a) only as a commercial end item, and
(b) with only those rights as are granted to all other end users pursuant to the terms and
conditions herein. The Licensed Software is only offered on terminals capable of supporting
it.
27.2 VITAL POS. Subject to the terms and conditions of this Agreement and the
Terms of Use and Privacy Policy located within the Vital POS Software and associated
portals and web pages (the “Platform”), including without limitation payment of the fees as
set forth in this Agreement, Processor hereby grants to Merchant a limited, revocable, non-
exclusive, non-transferable, non-sublicensable license to utilize (and allow for the
utilization by designated employees and agents) the Vital POS Platform only on an as-is
basis, for the sole and exclusive purpose of internally operating the products in the normal
course of Merchant’s business, and as expressly stipulated under this Agreement (the
“Platform License”). Merchant acknowledges and agrees that the Platform provided under
this Agreement and all intellectual property provided, embodied, or used in association
therewith, including without limitation all trademarks, service marks, logos, software,
designs, templates, encryption algorithms, copyrights, and other proprietary rights, and any
documentation related to any of the foregoing (collectively, “Intellectual Property Rights”),
are and shall remain solely and exclusively owned by Processor (or other third party owner
as the case may be). Merchant shall have no right to market, distribute, sell, assign, pledge,
sublicense, lease, deliver, or otherwise transfer the Platform or any component thereof, to
any third party. Merchant shall not, and shall not permit any third party to, use the Platform
directly or indirectly to provide a time-sharing or subscription service to any third party or
to function as a service bureau or application service provider. Merchant shall not reverse
engineer, decompile, disassemble, translate, modify, alter, create any derivative works
based upon, or otherwise change the Platform or any part thereof, or determine or attempt
to determine any source code, algorithms, methods or techniques embodied in the Software
included in the Services, or any Application Programming Interfaces “API(s)” or any part
thereof, or access or use the Platform or the APIs in any way except via access provided
through use in accordance with the Processor documentation and the terms of the
Agreement. Merchant shall comply with the Terms of Use and Privacy Policy (as updated
from time to time), all security and operational requirements, policies, and procedures
relating to the Platform as specified in the documentation related thereto and as may be
otherwise communicated or provided by Processor. Merchant shall use the Platform solely
in the conduct of its business and in compliance with all laws, rules, and regulations of
every governmental authority or card association having jurisdiction over Merchant or any
of the foregoing.
28. GLOBAL PAYMENTS EQUIPMENT AGREEMENT.
Important Note: Merchant agrees Member Bank is not a party to the GLOBAL PAYMENTS
Equipment Agreement and has no responsibility under it. Merchant acknowledges and
agrees that Member Bank and its affiliates have no obligation or liability whatsoever for:
(1) products or services provided under the GLOBAL PAYMENTS Equipment Agreement,
or (2) any actions or omissions of TSYS Merchant Solutions, LLC dba Global Payments
(“GLOBAL PAYMENTS”) with respect to the GLOBAL PAYMENTS Equipment Agreement.
Merchant agrees that any claims or disputes arising out of the foregoing will be resolved
without involving Member Bank and that Member Bank is entitled to rely on Merchant’s
agreements in this Section 24.
THIS GLOBAL PAYMENTS Equipment Agreement ("EQUIPMENT
AGREEMENT"), by and between GLOBAL PAYMENTS, and “Merchant,” the name
of which is set forth in the Agreement, as defined herein, shall become effective as of the
date Merchant Application (“Effective Date”).
WHEREAS, GLOBAL PAYMENTS and Merchant shall hereinafter be referred to as the
“Parties”; and
WHEREAS Merchant desires to purchase or rent equipment from GLOBAL
PAYMENTS in order to accept and process specified credit card transactions.
NOW THEREFORE, in consideration of the mutual promises made herein, and other
valuable consideration, receipt and sufficiency of which are hereby acknowledged, the
Parties do hereby agree as follows:
28.1 GLOBAL PAYMENTS agrees to sell or rent to Merchant and Merchant agrees to
buy or rent from GLOBAL PAYMENTS the equipment described in the Merchant
Application or as added from time to time via Merchant’s request through Processor‘s
customer service center. GLOBAL PAYMENTS owns all right, title and interest in all
EQUIPMENT rented or sold to MERCHANT hereunder, provided that such right, title and
interest will transfer to MERCHANT in the event MERCHANT purchases the
EQUIPMENT. The individual sales representative selling or renting the EQUIPMENT to
MERCHANT is an employee of GLOBAL PAYMENTS. Merchant’s payment for
equipment or delivery of the equipment to Merchant will constitute Merchant’s acceptance
of the applicable following terms and conditions. Payment for equipment and any related
fees shall be due and payable on the Effective Date of this EQUIPMENT AGREEMENT if
purchasing equipment, monthly if renting, or upon an otherwise agreed upon date or payment
schedule. Merchant agrees to pay the fee(s) set out in the Agreement and as added from time
to time. Merchant is responsible for all sales, use, excise and other taxes, including penalties
and interest, that may result from this transaction. The fees set forth in the Merchant
Application related to this EQUIPMENT AGREEMENT are exclusive of any and all
applicable taxes or assessments, whether designated as sales taxes, use taxes, ad valorem
taxes, GST/HST taxes, VAT taxes or by some other name or designation, and including any
interest or penalties thereon, which may be levied or assessed by any governmental or taxing
jurisdiction in connection with the performance of services or provision of materials to
Merchant by GLOBAL PAYMENTS. In the event of the payment of or for any such tax,
assessment or expense by GLOBAL PAYMENTS, Merchant shall in turn pay GLOBAL
PAYMENTS for such items. Merchant hereby authorizes GLOBAL PAYMENTS to debit
payment from the Merchant’s designated account established under the Agreement for items
ordered herein if payment does not accompany order.
28.2 Upon payment by Merchant to GLOBAL PAYMENTS of the entire purchase
amount required herein, GLOBAL PAYMENTS shall sell, transfer and assign the purchased
equipment to Merchant for Merchant’s use and benefit. All risks or expenses of loss,
damage, or repair to the equipment shall be borne by Merchant upon such transfer of title.
28.3 If Merchant is renting equipment, Merchant agrees to pay Processor a monthly
rental fee (“Rental Fee”) for the equipment until such time said equipment is returned to
GLOBAL PAYMENTS, which will be debited monthly from the Merchant’s Settlement
Account established under the Agreement or billed separately to merchant if the Merchant’s
Settlement Account no longer exists. MERCHANT may return the EQUIPMENT to
GLOBAL PAYMENTS at any time during the AGREEMENT, at which time MERCHANT
will no longer be responsible for future payments of the RENTAL FEE. If Merchant is
purchasing the equipment via multiple payments and terminates the EQUIPMENT
AGREEMENT prior to completing the monthly purchase payments, then Merchant agrees
to immediately pay the remainder of the purchase price or, if Merchant returns the equipment
under the conditions specified herein, Merchant agrees to pay GLOBAL PAYMENTS’s then
current RENTAL FEE for the length of time Merchant had the use of the equipment.
28.4 Merchant agrees to pay the Rental Fee on a per month basis as rental for the
EQUIPMENT. GLOBAL PAYMENTS may amend the Rental Fee on thirty (30) days
written notice to Merchant. Submission by Merchant of a Transaction after such notice
period shall be evidence that Merchant has received the amended Rental Fee and has agreed
to such amended Rental Fee. Merchant is supplied with monthly reports by Processor
regarding the equipment. It is Merchant’s sole responsibility to report any error or
discrepancies detected by Merchant in writing to GLOBAL PAYMENTS within ninety (90)
days following the end of the monthly reporting period. After such period, Merchant will be
deemed to have accepted the monthly reports as delivered.
28.5 The Parties agree to each of the terms and conditions set forth herein and
acknowledge that such provisions are binding upon each of them, their successors, heirs and
assigns.
28.6 Merchant understands that a telephone jack and other equipment may be required
for its phone system to be compatible with equipment at Merchant’s expense.
28.7 Upon expiration or termination of the EQUIPMENT AGREEMENT, Merchant
agrees to remove the rental equipment from its locations and deliver it to GLOBAL
PAYMENTS at Merchant’s cost in the same condition as when the rental equipment was
installed, normal wear and tear excepted. The Parties agree that the rental equipment is and
will remain personal property of GLOBAL PAYMENTS.
28.8 Merchant hereby assumes the entire risk of loss, damage or destruction of the
equipment from any cause whatsoever, until the delivery of the rental equipment to
GLOBAL PAYMENTS. If the rental equipment is damaged, lost, or not returned to
GLOBAL PAYMENTS, Merchant shall, at the option of GLOBAL PAYMENTS, repair the
rental equipment at Merchant’s expense or pay GLOBAL PAYMENTS the current
replacement cost of the rental equipment.
28.9 Merchant hereby grants to GLOBAL PAYMENTS the right, during normal
business hours, to enter any location under Merchant’s control for the purpose of inspecting,
repairing, or replacing rental equipment.
28.10 Merchant shall and does hereby agree to indemnify and hold GLOBAL
PAYMENTS, its agents, employees, successors and assigns harmless from any and all
liability, damages or loss (including attorney fees and costs) arising out of the ownership,
selection, possession, leasing or renting, operation (regardless of where, how and by whom
operated), control, use, condition (including, but not limited to, latent and other defects,
whether or not discoverable by GLOBAL PAYMENTS) maintenance, delivery and return
of the equipment. This indemnification and the obligations contained herein shall survive
termination or expiration of EQUIPMENT AGREEMENT.
28.11 Merchant shall keep rental equipment insured against all risks for not less than
replacement costs of rental equipment, naming GLOBAL PAYMENTS as an additional
insured as its interest may appear.
28.12 If this EQUIPMENT AGREEMENT is terminated, GLOBAL PAYMENTS shall
have the right to enter Merchant’s locations for the purpose of recovering rental equipment.
28.13 Neither Merchant nor any third party is authorized to make any alterations, repairs
or changes including programming changes to rental equipment. Any personal property
attached to rental equipment shall become part of the equipment. GLOBAL PAYMENTS
will provide maintenance service to rental equipment during the term of the EQUIPMENT City Council 20 –23 11/16/2021
Page 10 of 10 UNIVMERAGMT v22.0421
AGREEMENT. Merchant shall not allow any other person or entity to maintain or tamper
with rental equipment without the express written consent of GLOBAL PAYMENTS.
28.14 Merchant’s rights and remedies hereunder are exclusive and in lieu of all other
rights and remedies. GLOBAL PAYMENTS shall not otherwise be liable for any error,
omission, delay, loss of data or records or disclosure of confidential information which may
occur as a result of, or in any way be connected with, any use of equipment or services
provided by GLOBAL PAYMENTS pursuant to this or any other agreement. IN ANY
EVENT, GLOBAL PAYMENTS’S LIABILITY TO MERCHANT, WHETHER ARISING
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND
STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE
DIRECT LOSS TO MERCHANT OR AN AMOUNT EQUAL TO THE AGGREGATE OF
MONTHLY RENTAL FEES PAID TO GLOBAL PAYMENTS BY MERCHANT IN THE
SIX-MONTH PERIOD PRIOR TO THE INCIDENT GIVING RISE TO LIABILITY. IN
NO EVENT SHALL GLOBAL PAYMENTS BE LIABLE FOR SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR ANY
INTERRUPTION OR LOSS OF USE, DATA, BUSINESS OR PROFITS, WHETHER OR
NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE OR GLOBAL
PAYMENTS WAS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS
OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL
PURPOSE. GLOBAL PAYMENTS is not responsible for any loss or damages whatsoever
sustained by Merchant arising as a result of any acts of God, strikes, flood, weather, shortages
of parts or supplies or other events beyond its reasonable control.
28.15 GLOBAL PAYMENTS, NOT BEING THE MANUFACTURER OF THE
EQUIPMENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND
WHATSOEVER WITH RESPECT TO THE EQUIPMENT INCLUDING BUT NOT
LIMITED TO: THE MERCHANTABILITY OF THE EQUIPMENT OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE; THE DESIGN OR CONDITION OF THE
EQUIPMENT; THE QUALITY OR CAPACITY OF THE EQUIPMENT; THE
WORKMANSHIP OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH
REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OF CONTRACT
PERTAINING THERETO; THE ABSENCE OF ANY INFRINGEMENT OF ANY
PATENT, TRADEMARK OR COPYRIGHT; THE ABSENCE OF LATENT OR OTHER
DEFECTS, WHETHER OR NOT DISCOVERABLE; THE ABSENCE OF ANY
OBLIGATION BASED ON STRICT LIABILITY IN TORT. UPON SALE OF THE
EQUIPMENT TO MERCHANT, GLOBAL PAYMENTS HEREBY ASSIGNS, TO THE
EXTENT POSSIBLE, ALL WARRANTIES AND RIGHTS OF GLOBAL PAYMENTS
WITH RESPECT TO THE EQUIPMENT PROVIDED BY THE MANUFACTURER OF
THE EQUIPMENT. GLOBAL PAYMENTS DOES NOT MAKE ANY EXPRESS OR
IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT
TO THE MANUFACTURER’S WARRANTY.
28.16 Except as expressly provided herein, Merchant may not assign its rights or delegate
its responsibilities regarding rental equipment under this EQUIPMENT AGREEMENT
without the prior written consent of GLOBAL PAYMENTS, which will not be unreasonably
withheld.
28.17 The Parties acknowledge and agree that this EQUIPMENT AGREEMENT was,
and shall be deemed to have been, made and delivered in Muscogee County, Georgia The
laws of the State of Georgia, without giving effect to its conflicts of law principles, shall
govern all matters (whether in contract, statute, tort or however characterized) arising out of
or relating to this EQUIPMENT AGREEMENT, including, without limitation, the validity,
interpretation, construction, performance and enforcement of the EQUIPMENT
AGREEMENT. The Parties agree that, in the event of any dispute regarding, arising out of
or relating to this EQUIPMENT AGREEMENT, the courts of the State of Georgia shall have
and be vested with personal jurisdiction over the Parties. The Parties further agree that any
and all actions, claims, suits or proceedings arising out of or relating (directly or indirectly)
to this EQUIPMENT AGREEMENT shall be filed and litigated only in courts located in
Muscogee County, Georgia , and such courts shall have exclusive jurisdiction over any
action, claims, suit or proceeding arising out of or relating (directly or indirectly) to this
EQUIPMENT AGREEMENT. If Merchant brings legal action against GLOBAL
PAYMENTS for any reason, Merchant shall commence the action within one (1) year of the
date the error or the incident giving rise to such action occurred.
28.18 No delay or failure by either Party to exercise any right under EQUIPMENT
AGREEMENT, and no partial or single exercise of that right, shall constitute a waiver of
fact or any other right, unless expressly provided herein.
28.19 Neither Party shall be responsible for the costs incurred by the other for negotiating
or implementing this EQUIPMENT AGREEMENT and Merchant shall be responsible for
installation of the equipment.
28.20 The obligations of all Parties hereto incurred prior to the effective date of
termination of EQUIPMENT AGREEMENT shall survive such termination.
28.21 In the event that any portion of EQUIPMENT AGREEMENT shall be held invalid
or unenforceable for any reason, it is agreed that any invalidity or unenforceability shall not
affect the remainder of the same and the remaining provisions shall remain in full force and
effect, and any court of competent jurisdiction may so modify any objectionable provision
of the same so as to render it valid, reasonable and enforceable.
28.22 This EQUIPMENT AGREEMENT may only be amended or modified by a
subsequent written agreement by and between the Parties hereto.
28.23 Merchant hereby represents that the entering into of this EQUIPMENT
AGREEMENT has been duly authorized by Merchant and that this EQUIPMENT
AGREEMENT constitutes a legal, valid and binding obligation of Merchant, and is
enforceable against Merchant in accordance with its terms.
28.24 This EQUIPMENT AGREEMENT constitutes the entire understandings of the
Parties as to the subject matter contained herein and supersedes all prior contracts,
agreements and negotiations whether oral or written.
City Council 20 –24 11/16/2021
EXHIBIT B
CLIENT SATISFACTION OFFER
City Council 20 –25 11/16/2021
Client Offer – TMS v1.2021Page 1 of 1CONFIDENTIAL
CLIENT SATISFACTION OFFER (RETENTION DEPARTMENT) Merchant Name or DBA Name: City of Santa Ana Merchant ID(s): 41399800818517, 41399800818822, 41399800818830, 41399800822550 Date: 6/21/2021 TSYS Merchant Solutions, LLC DBA Global Payments (“Global Payments”), values its merchant clients and strives to create mutually beneficial, long-term relationships with them. To that end, Global Payments offers you, the Merchant, the following terms. Accepting this offer will modify your Application for Merchant Card Processing (“Application”) and Merchant Card Processing Agreement (the Application and the Card Processing Agreement are collectively referred to as the “Agreement”) with Global Payments as follows:
Pricing
Interchange Pass Thru (0.00% + 0.00 P/I)
Authorization Fees: Visa / MC .25, Discover .30, Amex .21
Monthly Service Fee: $5.00
Annual Location Fee for MC: $15.00
Fixed Acquirer Network Fee (FANF): $2.90
Contract Term The term of the Agreement will continue for from the last date of execution below (the “Effective Date”). This time period will be referred to as the “Extended Term”. At the expiration of the Extended Term, the Agreement will automatically renew for successive one-year periods (each a “Renewal Term”, and collectively with the Initial Term and the Extended Term, the “Term”) unless a party provides the other party with notice of its intent not to renew the Agreement at least 60 days prior to the expiration of the then current term. Termination of the Agreement prior to the expiration of the Extended Term shall result in the assessment of an account closure fee for each terminating MID to be paid by Merchant as follows: (a) $250 if less than twelve months remaining from the date of termination to the end of the then current Term; or (b) $500 if more than twelve months remaining, or such portion of the foregoing as may be permitted by applicable law. All other terms and conditions of the Agreement remain unchanged. This Client Satisfaction Offer and the details contained herein are confidential and may not be disclosed, displayed, or otherwise transmitted to any third party except to attorneys, accountants or other professional advisers as may be necessary to effect the purposes of this letter between the parties. Sincerely, TSYS Merchant Solutions, LLC DBA Global Payments Reviewed and Accepted by Merchant: By: ____________________________________________________________ By: ____________________________________________________________ Name: _________________________________________________________
Name: __________________________________________________________ Title: __________________________________________________________ Title: ____________________________________________________________ Date: ________________ Date: ____________________________________________________________
City Council 20 –26 11/16/2021
Community Development Agency
santa-ana.org/cda
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Amendment to Operating Agreement with Salvation Army
AGENDA TITLE:
Approve an Amendment to Agreement with Salvation Army to Operate a Temporary
Shelter at the Hospitality House for One Additional Month (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute:
1. An amendment to the agreement with Salvation Army to continue to operate a
temporary shelter at the Hospitality House through January 31, 2022 for an
additional amount of $130,000, for a total aggregate amount not to exceed
$910,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
2. A first amendment, and any future amendments, to the agreement with Salvation
Army to use $130,000 of additional ESG-CV funds to operate the shelter at the
Hospitality House through January 31, 2022, for a total aggregate amount not to
exceed $910,000, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On June 15, 2021, the City Council approved an agreement with the Salvation Army to
operate a temporary 75-bed homeless shelter at 818 E Third Street in Santa Ana, in the
amount of $390,000 for an anticipated 90-day period, subject to extension through
December 31, 2021, for a total not to exceed amount of $780,000. The monthly extension
cost is at the rate of $130,000, bringing the total agreement to a not to exceed amount of
$910,000. The Hospitality House has provided shelter for approximately 50 men since
opening, follows the City’s referral process, and does not accept walk-ins. The shelter
provides men a clean and safe personal bed space, three nourishing meals per day, and
the opportunity to work with a professional Housing Navigator to expedite their placement
in permanent housing.
City Council 21 –1 11/16/2021
Amendment to Operating Agreement with Salvation Army
November 16, 2021
Page 2
2
2
3
5
The Homeless Navigation Center is slated to open in January 2022. It is therefore
necessary for this temporary site to be extended through the final stages of construction.
Utilizing this same site will provide the continuity of care for shelter guests without any
interruption of service.
FISCAL IMPACT
Funds in the amount of $130,000 are available in the Emergency Solutions Grant-CV
grant, Payment to Subagent account (no.13518789 -69135) for expenditure in the current
fiscal year.
EXHIBIT(S)
1. Amendment to agreement with Salvation Army to operate the Hospitality House
as a temporary shelter
2. Amendment to agreement with Salvation Army for use of ESG-CV funds to
operate the Hospitality House as a temporary shelter
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 21 –2 11/16/2021
Page 1 of 2
FIRST AMENDMENT TO OPERATING AGREEMENT WITH
THE SALVATION ARMY TO OPERATE
THE HOSPITALITY HOUSE SHELTER
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 16,
2021, by and between The Salvation Army (“Contractor”), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A.The parties entered into an Agreement dated June 15, 2021, by which Contractor agreed
to administer and operate the Hospitality House to temporarily house clients referred
by the City and Street Outreach teams (“Agreement”).
B.In accordance with the terms and conditions of said Agreement, the Parties desire to
amend Section 2 – Effectiveness and Term of Agreement, to extend the Term of said
Agreement, and Section 3 – Compensation, to increase the maximum amount of
Compensation for said Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1.Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the end date
of the Term of said Agreement through the date upon which the City decides in its sole
discretion to complete the transfer of City guests at the Hospitality House to the new Carnegie
Navigation Center, which shall be no later than January 31, 2022, unless terminated in
accordance with Section 15. City shall provide Contractor with fourteen (14) day written
notice of the final date of transfer of City guests to the new Carnegie Navigation Center, which
date shall serve as the end of the Term of this Agreement. If necessary, the Term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
2.Section 3, Compensation, subsections (a) and (b), shall be amended to increase the maximum
amount of compensation by one-hundred and thirty thousand dollars ($130,000.00), such that
the total sum to be expended under said Agreement shall not exceed nine-hundred and ten
thousand dollars ($910,000.00) during the Term of said Agreement. Contractor shall not be
limited to a maximum amount of compensation per month, so long as Contractor remains
within the total not to exceed amount of compensation during the Term of said Agreement.
This total not to exceed amount of compensation is not guaranteed to Contractor. Rather,
Contractor will only be paid for sufficient services provide during the Term of said Agreement.
Once said Agreement is terminated, or the Term is ended as detailed in section 2(b) above, the
City shall not be responsible for any further payments to Contractor other than payment for
services provided by Contractor during the Term of the Agreement.
EXHIBIT 1
City Council 21 –3 11/16/2021
Page 2 of 2
3.Except as modified by this First Amendment, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM THE SALVATION ARMY
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________
RYAN O. HODGE Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 1
City Council 21 –4 11/16/2021
Page 1 of 2
FIRST AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND THE SALVATION ARMY
FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 16,
2021, by and between The Salvation Army (“Subrecipient”), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California (“City”).
RECITALS
A.The parties entered into Agreement No. A-2021-106, dated June 15, 2021, by which
Contractor agreed to use ESG-CV funds to administer and operate the Hospitality
House to temporarily house clients referred by the City and Street Outreach teams
(“Agreement”).
B.In accordance with the terms and conditions of said Agreement, the Parties desire to
amend Section II –Term of Agreement, to extend the Term of said Agreement, and
Section III – Disbursement of Funds, to increase the maximum amount of
Compensation for said Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
1.Section II, Term of Agreement, shall be amended to extend the end date of the Term of said
Agreement through the date upon which the City decides in its sole discretion to complete the
transfer of City guests at the Hospitality House to the new Carnegie Navigation Center, which
shall be no later than January 31, 2022, unless terminated earlier in accordance with Section
15.City shall provide Contractor with fourteen (14) day written notice of the final date of
transfer of City guests to the new Carnegie Navigation Center, which date shall serve as the
end of the Term of this Agreement. If necessary, the Term of this Agreement may be extended
upon a writing executed by the City Manager and the City Attorney.
2.Recitals J and K, and Sections III and III(a), Disbursement and Funds, shall be amended to
increase the maximum amount of compensation by one hundred and thirty thousand dollars
($130,000.00), such that the total sum to be expended under said Agreement shall not exceed
nine hundred and ten thousand dollars ($910,000.00) during the Term of said Agreement.
Contractor shall not be limited to a maximum amount of compensation per month, so long as
Contractor remains within the total not to exceed amount of compensation during the Term of
said Agreement. This total not to exceed amount of compensation is not guaranteed to
Contractor. Rather, Contractor will only be paid for sufficient services provided during the
Term of said Agreement. Once said Agreement is terminated, or the Term is ended as detailed
in section II above, the City shall not be responsible for any further payments to Contractor
other than payment for services provided by Contractor during the Term of the Agreement.
EXHIBIT 2
City Council 21 –5 11/16/2021
Page 2 of 2
3. Except as modified by this First Amendment, all terms and conditions of said Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to said
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM THE SALVATION ARMY
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________
RYAN O. HODGE Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 2
City Council 21 –6 11/16/2021
Community Development Agency
santa-ana.org/cd
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Amendment to Operating Agreement with Illumination Foundation
AGENDA TITLE:
Approve a Second Amendment to Illumination Foundation Agreement to Operate a
Temporary Shelter at the Fullerton Recuperative Care Center for up to Two Additional
Months
RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with
Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton
Recuperative Care Center for up to an additional two months through January 31, 2022,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On April 6, 2021, the City Council approved an agreement with Illumination Foundation
to operate a temporary shelter for $230,000 per month for 75 guest and a per diem rate
of $55 per guest in excess of 75, in an amount not to exceed $1,500,000 from May 1,
2021 through September 30, 2021.
On September 7, 2021 staff recommended that City Council approve an amendment to
the agreement with Illumination Foundation to continue to operate a temporary shelter at
the Fullerton Recuperative Care Center for up to four more months and add $600,000 to
the contract amount, for an overall not to exceed amount of $2,100,000. The City Council
approved an amendment for only two months, and adding only $300,000 to the contract
amount, for an overall not-to-exceed amount of $1,800,000. Two additional months of
operation at the temporary site is necessary for the completion of the Homeless
Navigation Center and for the continuity of care for shelter guests. A Temporary
Certificate of Occupancy (TCO) for the Homeless Navigation Center is anticipated by
January 2022. Once a TCO is issued, guests will be transferred to the new site and the
City will no longer utilize the Fullerton Recuperative Care Center.
The temporary shelter located at the Fullerton Recuperative Care Center has had a daily
census count of less than 75 since opening, thereby reducing the monthly cost to the
City Council 22 –1 11/16/2021
Amendment to Operating Agreement with Illumination Foundation
November 16, 2021
Page 2
2
2
3
6
City. It is estimated that the additional $300,000 that was added to the contract on
September 7, 2021 is sufficient to continue operations through January 2022. Therefore,
no additional funding is needed.
FISCAL IMPACT
There is no fiscal impact associated with this item
EXHIBIT(S)
1. Amendment to agreement with Illumination Foundation to operate the Fullerton
Recuperative Care Center as the Link temporary shelter
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 22 –2 11/16/2021
SECOND AMENDMENT TO OPERATING AGREEMENT WITH
THE ILLUMINATION FOUNDATION FOR USE OF
THE FULLERTON RECUPERATIVE CARE CENTER
THIS SECOND AMENDMENT to the above-referenced agreement is entered into on November
16, 2021, by and between The Illumination Foundation (“Contractor”), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of
the State of California (“City”).
RECITALS
A. The parties entered into Agreement No. A-2021-046, dated April 6, 2021, by which
Contractor agreed to administer and operate a portion of the Fullerton Recuperative
Care Center to temporarily house clients referred by the City and Street Outreach teams
(“Agreement”).
B. The parties entered into a First Amendment to said Agreement No. A-2021-174 dated
September 8, 2021, in order to extend the Term of said Agreement and to increase the
maximum amount of Compensation for said Agreement.
C. In accordance with the terms and conditions of said Agreement, as amended, the Parties
desire to amend Section 2 – Effectiveness and Term of Agreement, to extend the Term
of said Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said Agreement, as amended, except as herein modified, the parties agree
as follows:
1. Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential
no later than end date of the Term of said Agreement from November 30, 2021, to January 31,
2022.
2. Except as modified by this Second Amendment, all terms and conditions of said Agreement,
as modified by the First Amendment, shall remain in full force and effect.
{Signatures on following page}
EXHIBIT 1
City Council 22 –3 11/16/2021
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment to said
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM THE ILLUMINATION FOUNDATION
SONIA R. CARVALHO
City Attorney
By:___________________________ _______________________________
RYAN O. HODGE Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL
________________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 1
City Council 22 –4 11/16/2021
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Proposed City of Santa Ana Events Permit Policy
AGENDA TITLE:
Resolution Approving the Proposed Events Permit Policy
RECOMMENDED ACTION
Adopt a Resolution approving the Proposed Events Permit Policy, including park facility
permits, film permits, land use certificates, and special event permits.
DISCUSSION
The proposed Events Permit Policy (Exhibit 2) provides an effective framework for the
administration of event permits, while providing equitable and reasonable access to the
City’s public facilities. The intent of this proposed policy is to provide guidance for use of
City facilities by residents, community organizations, businesses, and non-residents for
(1) Park Facility Permits, (2) Film Permits, (3) Land Use Certificates, and (4) Special Event
Permits. This proposed policy, if approved, will govern all City of Santa Ana properties
and their supporting amenities.
The development of this proposed Policy included the following process:
Incorporation of best practices within the Parks and Recreation profession
related to policies and process.
Parks, Recreation and Community Services Commission reviewed and
discussed the proposed policy at their regular meeting held on October 28,
2021.
Commissioners provided input as follows: ensure online access for customers,
how many days in advance is the permit required, happy that neighborhood
associations have a path forward for activities and events, and is this a new
policy.
In addition to the proposed policy, the City of Santa Ana developed an Events Permit
Guide (Exhibit 3) that outlines procedures and requirements associated with event
permits in the City of Santa Ana.
City Council 23 –1 11/16/2021
Proposed City of Santa Events Permit Policy
November 16, 2021
Page 2
2
2
0
8
Significant areas of this proposed policy include the following:
Event Permit Classifications
The resident and non-resident event permits define the priority and corresponding fees
as follows:
Event
Permit
Priority
Description
Priority 1 City-sponsored special event serving Santa Ana residents
Priority 2 Resident: Non-Profit Organization (Special Events)
High School or College Students Resident and Non-Resident (Film)
Priority 3 Resident: Private Party or Business
Priority 4 Resident: Private Party or Business for Profit Making
Priority 5 Non-Resident: Private Party or Business
Priority 6 Non-Resident: Private Party or Business for Profit Making
Types of Permits
The City of Santa Ana has four (4) types of Event permits as follows:
1. PARK FACILITY PERMIT
Allows the temporary use of a public park, field and/or facility for conducting certain
outdoor and indoor, short-term events which are conducted completely or partially on
City-owned or controlled park property pursuant to Santa Ana Municipal Code (SAMC)
Sec. 31-3.
2. FILM PERMIT
Allows commercial motion picture or electronic video tape in or upon any property owned
or controlled by the City of Santa Ana SAMC Sec. 10-2(a). Locations vary and are
citywide.
3. LAND USE CERTIFICATE
Allows temporary use of private commercial property for conducting certain outdoor,
short-term activities, which may be related to the onsite business pursuant to SAMC Sec.
41-195.5. This permit is originated and managed by the Planning and Building Agency
(Planning Division) in conjunction with the Police Department and Orange County Fire
Authority, depending on the nature of the activity proposed.
4. SPECIAL EVENT PERMIT
Allows temporary use of public property for conducting certain outdoor, short-term events
conducted completely or partially on City-owned or controlled public property pursuant to
SAMC Sec. 10-22.
City Council 23 –2 11/16/2021
Proposed City of Santa Events Permit Policy
November 16, 2021
Page 3
2
2
0
8
Event Permit Process
This proposed policy assists event organizers in developing successful event plans that
comply with local, state, and federal codes, laws, policies, and regulations governing
activities associated with the production and management of special events. The City
Manager’s Office or designee manages the event permit process. Various City
departments, along with partner agencies may have regulatory authority related to
elements in an event application and participate in the review process. This provides a
coordinated approach to the planning, review, and on-site management of events.
Permit Requirements
An event summary is required with the permit application to provide an overview of the
requested event and is essential information. Information includes but is not limited to
admission, attendance, event timeline, private property venue, public notification, site
plan, and business license.
Public Health Requirements
Public health requirements may include but are not limited to food and beverage
distribution, alcohol sale or service, amplified sound and waste management plan.
Public Safety Requirements
Public safety requirements may include but are not limited to police services, security
services, fire prevention inspection, traffic control plan and parking, stage and other
temporary structures, and temporary signage permits.
Next Steps
Next steps to move this proposed policy forward include the following steps:
1. Adopt a resolution (Exhibit 1) to approve the proposed Events Permit Policy.
2. Amend Miscellaneous Fee Schedule.
3. Implement the proposed policy and changes to the Miscellaneous Fee Schedule.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact related to this report.
EXHIBIT(S)
1. Resolution to adopt the proposed City of Santa Ana Events Permit Policy
2. Proposed City of Santa Ana Events Permit Policy
3. City of Santa Ana Events Permit Guide
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
City Council 23 –3 11/16/2021
Proposed City of Santa Events Permit Policy
November 16, 2021
Page 4
2
2
0
8
Approved By: Kristine Ridge, City Manager
City Council 23 –4 11/16/2021
Exhibit1
City Council 23 –5 11/16/2021
Exhibit1
City Council 23 –6 11/16/2021
City Manager’s Authorization
City of Santa Ana Events Permit Policy Date
November 16, 2021
City of Santa Ana
Administrative
Policies and Procedures
Purpose
The purpose of the Policy is to provide an effective framework for the administration of Event
permits that provide equitable and reasonable access to City public facilities. The intent of
this Policy is to provide guidance for use of City facilities by residents, community
organizations, businesses, and nonresidents for 1) Park Facility Permits; 2) Film Permits; 3)
Land Use Certificates and 4) Special Event Permits. This Policy governs all City of Santa
Ana properties and their supporting amenities.
Definition
The City Manager’s Office (CMO) or designee, are responsible for managing the City’s
Events Permit Process. This Events Permit Policy (Policy) is established to ensure the use
of City facilities for events 1) aligns with the City’s core mission, vision, and values; 2)
provides equitable and fair access to all users; 3) remains equitably and fairly priced; 4)
operates in a fiscally responsible manner; and 5) supports a healthy, safe, vibrant, and
sustainable community.
Policy
1.0 Policy Establishment and Permit Fees
The CMO or designee shall implement and administer the Policy. All fees charged
will be pursuant to the City’s Miscellaneous Fee Schedule, as adopted and
periodically amended by the City Council.
2.0 USER CLASSIFICATIONS
User classifications are for the purposes of assessing fees and determining priority
as follows in section 4.1 of this Policy.
2.1 Park and Facility Permits
The resident and nonresident permit priorities below define the scheduling
priority and corresponding fees.
Priority 1
City-sponsored special event serving Santa Ana residents.
Priority 2
Resident: Non-Profit Organization (Special Events)
High School or College Students Resident and Non-Resident (Film)
Priority 3
Resident: Private Party or Business
Exhibit ADRAFT Exhibit1
City Council 23 –7 11/16/2021
Priority 4
Resident: Private Party or Business for Profit Making
Priority 5
Non-Resident: Private Party or Business
Priority 6
Non-Resident: Private Party or Business for Profit Making
3.0 TYPES OF PERMITS
The City of Santa Ana has four (4) types of Event permits as follows:
3.1 PARK FACILITY PERMIT
Allows the temporary use of a public park, field and/or facility for conducting
certain outdoor and indoor, short-term events which are conducted completely
or partially on City-owned or controlled park property pursuant to SAMC Sec.
31-3.
3.2 FILM PERMIT
Allows commercial motion picture or electronic video tape in or upon any
property owned or controlled by the City of Santa Ana SAMC Sec. 10 -2(a).
Locations vary and are citywide.
3.3 LAND USE CERTIFICATE
Allows temporary use of private commercial property for conducting certain
outdoor, short-term activities, which may be related to the onsite business
pursuant to SAMC Sec. 41-195.5. This permit is originated and managed by the
Planning and Building Agency (Planning Division) in conjunction with the Police
Department and Orange County Fire Authority, depending on the nature of the
activity proposed.
3.4 SPECIAL EVENT PERMIT
Allows temporary use of public property for conducting certain outdoor, short -
term events conducted completely or partially on City-owned or controlled public
property pursuant to SAMC Sec. 10-22.
4.0 EVENT PERMIT PROCESS
This Policy assists event organizers in developing successful event plans that
comply with local, state, and federal codes, laws, policies and regulations
governing activities associated with the production and management of special
events. The CMO or designee manages the event permit process. Various city
departments, along with partner agencies may have regula tory authority related
to elements in an event application and participate in the review process. This
provides a coordinated approach to the planning, review, and on -site
management of events. The permit process is as follows:
Exhibit A
Exhibit1
City Council 23 –8 11/16/2021
4.1 Application Submittal
Applicant completes an event permit application, site plan, traffic plan and
additional supporting documentation for the corresponding department before the
required deadline. Submittal of the permit application or initiation of the review
process does not deem the permit application approved, nor should an event
producer begin to execute their event without final written approval from the
reviewing agency.
Expected attendance for events includes total participants and/or spectators,
vendors, exhibitors, staffing, etc. Major Park Facility events will take precedence
over moderate and minor event dates.
Table 1 - Park Facility Permit Categories
Table 1 - Park Facility Permit Categorie
Expected attendance for events includes total participants and/or
spectators, vendors, exhibitors, staffing, etc. Major Park Facility events will take
precedence over moderate and minor event dates.
A permit application shall be submitted no earlier than 180 days for larger scale
Special Events that require comprehensive event details and coordination (SMAC
10-22.2)
At the sole discretion of the City of Santa Ana, event producers may submit written
amendments to the initial permit application due to unique or changing
circumstances related to the event.
4.2 Application Review Process
Throughout the review process, the City may request additional information and/or
documents for clarification. Delays in providing the requested information may
affect the ability to complete the permit application review in a timely manner. Once
the review process is completed, applicants will receive notification of the status
of their application.
4.3 Pre-Event Planning Meeting
After the application approval, there is a pre-event planning meeting with the event
producer. The purpose of the pre-event meeting is to discuss the event in detail,
address any changes, conflicts or concerns, and troubleshoot solutions. Additional
PARK FACILITY
PERMIT
CATEGORY
EXPECTED
ATTENDANCE
APPLICATION SUBMITTAL
DEADLINE
MAJOR 1,001 and Up Between ninety- (90) business days to
one (1) year prior to the event date.
MODERATE 100 – 1,000 Between forty-five (45) business days
and six (6) months prior to the event
date. MINOR Up to 100
Exhibit A
Exhibit1
City Council 23 –9 11/16/2021
representatives of the city or partner agencies participate in the meetings as
appropriate. A Post-Event Meeting may be scheduled at the request of the city or
event producer.
4.4 Final Permit Application Approval
Final approval of the permit application includes the city receiving all requested
documentation and payment prior to the event. Deadlines for requested
information and final payment varies for each application. The event applicant is
responsible to submit all requested documentation and payment before the agreed
upon deadline.
4.5 Right To Appeal
The Right to Appeal for Park Facility Permits is pursuant to SAMC Section 31-3.3,
Film Permits SAMC Section 10-5, Special Event Permits SAMC Section 10-14,
and Land Use Certificates SAMC Section 41-677 provides for an appeal process
for denial and revocations.
5.0 PERMIT REQUIREMENTS
5.1 EVENT SUMMARY
An event summary provides an overview of the requested event and is essential
information that should be included with the permit application.
5.1.1 Admission
Includes all admission/registration/participant fee information related to
the event.
5.1.2 Attendance
Providing the estimated attendance for an event helps in the review of
the event plans with emphasis on public safety, venue occupancy,
staffing, and impact to the surrounding neighborhood. Estimated
attendance should include the total number of people anticipated to
attend, participate, provide support services and/or watch the event.
5.1.3 Event Time Line
Detailed timelines are required when completing the permit application
and include setup, takedown and all activity times. The time denoted
on the final permit is determined by the times provided by the applicant.
Set-up and cleanup completion time should correspond with the permit
and insurance documents must cover the entire length of the event.
The City may require separate permit applications for events with plans
that vary significantly from day-to-day or have multiple distinct event
types (e.g. a parade with a separate festival).
5.1.4 Private Property Venue
Exhibit A
Exhibit1
City Council 23 –10 11/16/2021
Events that utilize private commercial property for any portion of the
event are required to include a signature by the private property owner
on the application or submit a letter authorizing use of the property from
the property owner or property manager.
5.1.5 Private events taking place on private residential property are not
included in the event permit process and need to comply with the
existing City of Santa Ana zoning requirements for residential property.
5.1.6 Public Notification
All Park Facility Permit events require a public notification to local
neighborhood associations and businesses adjacent to the park or
venue. Major Park Facility Permit events require public notification
thirty days prior to the event date. Minor and Moderate Park Facility
Permit events notification requires fourteen days prior to the event
date.
Events that include a street closure requires the event organizer to
petition all residences and businesses within the enclosed street
closure boundaries wherein pedestrian and vehicular ingress and
egress is impacted by the special event and obtain a percentage of
signatures that is deemed acceptable by the Police Chief or designee
(SAMC 10-22(b)(10)).
5.1.7 Site Plan
A detailed map/site plan with the permit application is required
illustrating the proposed event and includes the following: location and
description of structures, placement and number of any refuse and
recyclable containers, portable restrooms, fences, barricades, sound
system, canopies/tents, stages, parking areas, location of all street
closures and detours, etc. For runs or cycling events, routes to be
followed and location of staging area from which participants will exit,
information/aide booths, checkpoints, route monitor locations,
spectator areas, etc. are required.
5.1.8 Business License
The City of Santa Ana requires all persons conducting business within
the City to obtain a business license prior to their event. Event
producers and any participating, onsite vendors or exhibitors require
licenses. Current Santa Ana businesses may show proof of a current
business license. Gratuitous Licenses are also available for
businesses outside of Santa Ana and are good for up to one year of
issuance.
5.2 Public Health
5.2.1 Food and Beverage Distribution
In accordance with the California Health and Safety Code, an
Organizer permit is required when two or more food vendors are
participating at a community event. If the applicant is planning to
operate a Temporary Food Facility (TFF) during an event, they a re
Exhibit A
Exhibit1
City Council 23 –11 11/16/2021
required to apply, meet requirements and obtain a TFF permit prior
to selling or giving away food or beverage at an event. The California
Health and Safety Code requires a TFF Permit of any person or
organization providing food at a community event. All food vendors,
including permitted restaurants, are required to apply for and obtain
a TFF Permit when participating in a community event.
5.2.2 Alcohol Sale or Service
If the sale of alcohol or public service of alcohol is included in a Park
Facility Permit event, authorization from the State of California
Department of Alcohol Beverage Control (ABC) is required prior to
the issuance of a permit. The City may place restrictions on the
management of alcohol at a proposed event. Santa Ana Municipal
Code Sec. 31-2.1 prohibits the consumption or possession of
alcoholic beverages in a city park (SAMC 31-2.1) unless permitted
through issuance of a permit (SAMC 31-3).
In the instance that a City Council approved contract permits the sale
and public service of alcohol, the sale and service of alcohol may be
discontinued or terminated if it is deemed to be inconsistent with the
terms and conditions of permitted use (SAMC 31-2).
5.2.3 Amplified Sound
Amplified sound permits are available for events at City parks.
Amplified sound means music or speech projected or transmitted by
artificial means, including, but not limited to, amplifiers, loudspeakers
or any similar devices (SAMC Sec. 31-1.1). Additional restrictions
may apply for any events near residential are as and/or business
districts.
5.2.4 Waste Management Plan
Event organizers must arrange for provision of containers and
collection of water, trash and recyclables by contacting the City’s
Exclusive Waste Hauler. Recycling containers for the following
materials is required for plastic, glass, metal, paper and cardboard.
The specifications of the containers, including size, type, location,
and pickup/delivery times is required on the event site plan. Clean
up of all trash after the event is required in all areas, and if needed,
power washing of any grease or food waste contamination will be
required. Event area will be subject to inspection post-event.
5.3 PUBLIC SAFETY
5.3.1 Police Services
During the pre-event meeting, the SAPD will determine the type of
police services needed and number of officers. Applicants are
directly responsible for the cost of Police Services, unpaid services
will result in rejection of future applications and the City reserves all
legal rights to recoup any unpaid fees.
Exhibit A
Exhibit1
City Council 23 –12 11/16/2021
5.3.2 Security Services
SAPD may deem an activity warrants the presence of one or more
security personnel and the cost of such service shall be borne by the
applicant. Licensed security personnel in uniform are required and
subject to approval by the City. Proof of obtaining security personnel
is due to the SAPD two weeks prior to the event.
5.3.3 Fire Prevention Inspection
Events that require street closures, the assembly of 50 or more
people, cooking, open flame, use of pyrotechnics or fireworks, a
change of building use (i.e. a warehouse use for an assembly space),
electricity or temporary membrane structures (tents or canopies),
and a separate permit may be required from the Orange County Fire
Authority (OCFA). As part of the permit requirements, onsite stand-
by and inspection services may be required due to the size,
complexity and/or unique safety issues regarding the activities
associated with the proposed event. Inspection fees may apply.
5.3.4 Traffic Control Plan and Parking
Event producers requiring street closures and traffic modifications
that pose a significant impact to vehicular traffic must have an
approved traffic control plan created by a licensed and qualified
traffic control company. All traffic plans are subject to final approval
by the City’s Traffic Engineer and the SAPD. Events taking place in
a portion of a parking lot or alley are also subject to traffic control
plans by a traffic control specialist and must obtain final approval by
the City’s Traffic Engineer and the Santa Ana Police Department.
In the event that water filled traffic barriers (k-rails) are required, it is
the responsibility of the event producer to obtain the k -rails and a
water truck capable of filling the k-rails to ensure the barriers
effectiveness.
The Public Works Agency requires the use of water filled K-rail when
the street or alley being closed or any of the two end of the block
streets are classified larger than a residential street, per The City of
Santa Ana’s Master Plan of Streets and Highways or whenever
Traffic Engineering staff feel there’s the potential for a safety hazard
to occur.
In the event that water filled K-rail is required, it is the applicant’s
responsibility to ensure that the traffic control company is able to
provide the water truck service necessary to completely fill all
required water filled K-rails.
5.3.5 Stages and Other Temporary Structures
Separate building permits may be required for stages and other
temporary structures such as platforms and grandstands/bleachers
that measure over 5 feet 9 inches in height. Applicants shall submit
Exhibit A
Exhibit1
City Council 23 –13 11/16/2021
the building permit applications and plans no less than one month
prior to their event to allow sufficient time for review and issuance of
the permit.
5.3.6 Temporary Signage Permits
SAMC Sec. 41-814 et seq. and Citywide Design Guidelines contain
regulations and specifications of signs that may be located on private
property within the City. Event applicants interested in installing
temporary signs or banners on private property are required to apply
for a temporary sign permit through the Planning Division.
6.0 FEES, PAYMENTS, DEPOSITS, AND INSURANCE
6.1 Fees and Payments
The permit fees referenced in this Policy are listed in the City Council approved
Miscellaneous Fees Schedule.
6.2 Deposits
Applicants must pay a deposit as listed in the City Council approved
Miscellaneous Fee Schedule at the time of application. Deposits will be refunded
following the event when all conditions set forth in the permit are fulfilled.
Reservation deposits are not refunded until after the final reservation and if no
damage has been incurred.
6.3 Insurance and Indemnity Provisions
The City requires applicants to provide liability insurance for an event and film
permit. Insurance requirements are determined based on the City’s risk
assessment of the activity/event. . Insurance requirements are no less than
$1,000,000 per occurrence for bodily injury and property damage. Insurance
requirements vary by the type of event, facility, and number of anticipated
guests, and are subject to change without notice. Insurance requirements
fulfilled prior to approval of the application and proof of insurance required 30
calendar days or more prior to the event.
7.0 RESERVATION CANCELLATIONS AND PERMIT AMENDMENTS
7.1 Permit Cancellations
Permit cancellations and refunds will be processed as follows:
All cancellations may incur a cancellation fee for each occurrence as dictated
by the Miscellaneous Fee Schedule.
Failure by the applicant or authorized event contact person to arrive at a
scheduled event, and/or failure to provide written cancellation notice will be
considered a “No Show.” Applicants with three or more “No Shows” may lose
reservation privileges and remaining reservations will be cancelled for the
calendar year.
Exhibit A
Exhibit1
City Council 23 –14 11/16/2021
7.2 Permit Amendments
Permit amendments include, but are not limited to the following: date, time
and amenities. One change permitted at no charge if requested 5 days or
more prior to reservation. A Processing Fee may be charged for each
subsequent change. Dependent on when request is submitted, other fees
may apply for cancellations or modifications to the original reservation. No
refunds or credits will be issued for early departure from an approved permit.
8.0 ADDITIONAL CITY POLICIES AND AGREEMENTS
This Policy may be subject to other City Council approved policies and agreements
that establish separate user reservation relationships and associated fees for
specific programs and/or entities.
Exhibit A
Exhibit1
City Council 23 –15 11/16/2021
City Manager’s Authorization
City of Santa Ana Events Permit Policy Date
November 16, 2021
City of Santa Ana
Administrative
Policies and Procedures
Purpose
The purpose of the Policy is to provide an effective framework for the administration of Event
permits that provide equitable and reasonable access to City public facilities. The intent of
this Policy is to provide guidance for use of City facilities by residents, community
organizations, businesses, and nonresidents for 1) Park Facility Permits; 2) Film Permits; 3)
Land Use Certificates and 4) Special Event Permits. This Policy governs all City of Santa
Ana properties and their supporting amenities.
Definition
The City Manager’s Office (CMO) or designee, are responsible for managing the City’s
Events Permit Process. This Events Permit Policy (Policy) is established to ensure the use
of City facilities for events 1) aligns with the City’s core mission, vision, and values; 2)
provides equitable and fair access to all users; 3) remains equitably and fairly priced; 4)
operates in a fiscally responsible manner; and 5) supports a healthy, safe, vibrant, and
sustainable community.
Policy
1.0 Policy Establishment and Permit Fees
The CMO or designee shall implement and administer the Policy. All fees charged
will be pursuant to the City’s Miscellaneous Fee Schedule, as adopted and
periodically amended by the City Council.
2.0 USER CLASSIFICATIONS
User classifications are for the purposes of assessing fees and determining priority
as follows in section 4.1 of this Policy.
2.1 Park and Facility Permits
The resident and nonresident permit priorities below define the scheduling
priority and corresponding fees.
Priority 1
City-sponsored special event serving Santa Ana residents.
Priority 2
Resident: Non-Profit Organization (Special Events)
High School or College Students Resident and Non-Resident (Film)
Priority 3
Resident: Private Party or Business
Exhibit 2
DRAFTCity Council 23 –16 11/16/2021
2
Priority 4
Resident: Private Party or Business for Profit Making
Priority 5
Non-Resident: Private Party or Business
Priority 6
Non-Resident: Private Party or Business for Profit Making
3.0 TYPES OF PERMITS
The City of Santa Ana has four (4) types of Event permits as follows:
3.1 PARK FACILITY PERMIT
Allows the temporary use of a public park, field and/or facility for conducting
certain outdoor and indoor, short-term events which are conducted completely
or partially on City-owned or controlled park property pursuant to SAMC Sec.
31-3.
3.2 FILM PERMIT
Allows commercial motion picture or electronic video tape in or upon any
property owned or controlled by the City of Santa Ana SAMC Sec. 10 -2(a).
Locations vary and are citywide.
3.3 LAND USE CERTIFICATE
Allows temporary use of private commercial property for conducting certain
outdoor, short-term activities, which may be related to the onsite business
pursuant to SAMC Sec. 41-195.5. This permit is originated and managed by the
Planning and Building Agency (Planning Division) in conjunction with the Police
Department and Orange County Fire Authority, depending on the nature of the
activity proposed.
3.4 SPECIAL EVENT PERMIT
Allows temporary use of public property for conducting certain outdoor, short -
term events conducted completely or partially on City-owned or controlled public
property pursuant to SAMC Sec. 10-22.
4.0 EVENT PERMIT PROCESS
This Policy assists event organizers in developing successful event plans that
comply with local, state, and federal codes, laws, policies and regulations
governing activities associated with the production and management of special
events. The CMO or designee manages the event permit process. Various city
departments, along with partner agencies may have regula tory authority related
to elements in an event application and participate in the review process. This
provides a coordinated approach to the planning, review, and on -site
management of events. The permit process is as follows:
Exhibit 2
City Council 23 –17 11/16/2021
3
4.1 Application Submittal
Applicant completes an event permit application, site plan, traffic plan and
additional supporting documentation for the corresponding department before the
required deadline. Submittal of the permit application or initiation of the review
process does not deem the permit application approved, nor should an event
producer begin to execute their event without final written approval from the
reviewing agency.
Expected attendance for events includes total participants and/or spectators,
vendors, exhibitors, staffing, etc. Major Park Facility events will take precedence
over moderate and minor event dates.
Table 1 - Park Facility Permit Categories
Table 1 - Park Facility Permit Categorie
Expected attendance for events includes total participants and/or
spectators, vendors, exhibitors, staffing, etc. Major Park Facility events will take
precedence over moderate and minor event dates.
A permit application shall be submitted no earlier than 180 days for larger scale
Special Events that require comprehensive event details and coordination (SMAC
10-22.2)
At the sole discretion of the City of Santa Ana, event producers may submit written
amendments to the initial permit application due to unique or changing
circumstances related to the event.
4.2 Application Review Process
Throughout the review process, the City may request additional information and/or
documents for clarification. Delays in providing the requested information may
affect the ability to complete the permit application review in a timely manner. Once
the review process is completed, applicants will receive notification of the status
of their application.
4.3 Pre-Event Planning Meeting
After the application approval, there is a pre-event planning meeting with the event
producer. The purpose of the pre-event meeting is to discuss the event in detail,
address any changes, conflicts or concerns, and troubleshoot solutions. Additional
PARK FACILITY
PERMIT
CATEGORY
EXPECTED
ATTENDANCE
APPLICATION SUBMITTAL
DEADLINE
MAJOR 1,001 and Up Between ninety- (90) business days to
one (1) year prior to the event date.
MODERATE 100 – 1,000 Between forty-five (45) business days
and six (6) months prior to the event
date. MINOR Up to 100
Exhibit 2
City Council 23 –18 11/16/2021
4
representatives of the city or partner agencies participate in the meetings as
appropriate. A Post-Event Meeting may be scheduled at the request of the city or
event producer.
4.4 Final Permit Application Approval
Final approval of the permit application includes the city receiving all requested
documentation and payment prior to the event. Deadlines for requested
information and final payment varies for each application. The event applicant is
responsible to submit all requested documentation and payment before the agreed
upon deadline.
4.5 Right To Appeal
The Right to Appeal for Park Facility Permits is pursuant to SAMC Section 31-3.3,
Film Permits SAMC Section 10-5, Special Event Permits SAMC Section 10-14,
and Land Use Certificates SAMC Section 41-677 provides for an appeal process
for denial and revocations.
5.0 PERMIT REQUIREMENTS
5.1 EVENT SUMMARY
An event summary provides an overview of the requested event and is essential
information that should be included with the permit application.
5.1.1 Admission
Includes all admission/registration/participant fee information related to
the event.
5.1.2 Attendance
Providing the estimated attendance for an event helps in the review of
the event plans with emphasis on public safety, venue occupancy,
staffing, and impact to the surrounding neighborhood. Estimated
attendance should include the total number of people anticipated to
attend, participate, provide support services and/or watch the event.
5.1.3 Event Time Line
Detailed timelines are required when completing the permit application
and include setup, takedown and all activity times. The time denoted
on the final permit is determined by the times provided by the applicant.
Set-up and cleanup completion time should correspond with the permit
and insurance documents must cover the entire length of the event.
The City may require separate permit applications for events with plans
that vary significantly from day-to-day or have multiple distinct event
types (e.g. a parade with a separate festival).
5.1.4 Private Property Venue
Exhibit 2
City Council 23 –19 11/16/2021
5
Events that utilize private commercial property for any portion of the
event are required to include a signature by the private property owner
on the application or submit a letter authorizing use of the property from
the property owner or property manager.
5.1.5 Private events taking place on private residential property are not
included in the event permit process and need to comply with the
existing City of Santa Ana zoning requirements for residential property.
5.1.6 Public Notification
All Park Facility Permit events require a public notification to local
neighborhood associations and businesses adjacent to the park or
venue. Major Park Facility Permit events require public notification
thirty days prior to the event date. Minor and Moderate Park Facility
Permit events notification requires fourteen days prior to the event
date.
Events that include a street closure requires the event organizer to
petition all residences and businesses within the enclosed street
closure boundaries wherein pedestrian and vehicular ingress and
egress is impacted by the special event and obtain a percentage of
signatures that is deemed acceptable by the Police Chief or designee
(SAMC 10-22(b)(10)).
5.1.7 Site Plan
A detailed map/site plan with the permit application is required
illustrating the proposed event and includes the following: location and
description of structures, placement and number of any refuse and
recyclable containers, portable restrooms, fences, barricades, sound
system, canopies/tents, stages, parking areas, location of all street
closures and detours, etc. For runs or cycling events, routes to be
followed and location of staging area from which participants will exit,
information/aide booths, checkpoints, route monitor locations,
spectator areas, etc. are required.
5.1.8 Business License
The City of Santa Ana requires all persons conducting business within
the City to obtain a business license prior to their event. Event
producers and any participating, onsite vendors or exhibitors require
licenses. Current Santa Ana businesses may show proof of a current
business license. Gratuitous Licenses are also available for
businesses outside of Santa Ana and are good for up to one year of
issuance.
5.2 Public Health
5.2.1 Food and Beverage Distribution
In accordance with the California Health and Safety Code, an
Organizer permit is required when two or more food vendors are
participating at a community event. If the applicant is planning to
operate a Temporary Food Facility (TFF) during an event, they a re
Exhibit 2
City Council 23 –20 11/16/2021
6
required to apply, meet requirements and obtain a TFF permit prior
to selling or giving away food or beverage at an event. The California
Health and Safety Code requires a TFF Permit of any person or
organization providing food at a community event. All food vendors,
including permitted restaurants, are required to apply for and obtain
a TFF Permit when participating in a community event.
5.2.2 Alcohol Sale or Service
If the sale of alcohol or public service of alcohol is included in a Park
Facility Permit event, authorization from the State of California
Department of Alcohol Beverage Control (ABC) is required prior to
the issuance of a permit. The City may place restrictions on the
management of alcohol at a proposed event. Santa Ana Municipal
Code Sec. 31-2.1 prohibits the consumption or possession of
alcoholic beverages in a city park (SAMC 31-2.1) unless permitted
through issuance of a permit (SAMC 31-3).
In the instance that a City Council approved contract permits the sale
and public service of alcohol, the sale and service of alcohol may be
discontinued or terminated if it is deemed to be inconsistent with the
terms and conditions of permitted use (SAMC 31-2).
5.2.3 Amplified Sound
Amplified sound permits are available for events at City parks.
Amplified sound means music or speech projected or transmitted by
artificial means, including, but not limited to, amplifiers, loudspeakers
or any similar devices (SAMC Sec. 31-1.1). Additional restrictions
may apply for any events near residential are as and/or business
districts.
5.2.4 Waste Management Plan
Event organizers must arrange for provision of containers and
collection of water, trash and recyclables by contacting the City’s
Exclusive Waste Hauler. Recycling containers for the following
materials is required for plastic, glass, metal, paper and cardboard.
The specifications of the containers, including size, type, location,
and pickup/delivery times is required on the event site plan. Clean
up of all trash after the event is required in all areas, and if needed,
power washing of any grease or food waste contamination will be
required. Event area will be subject to inspection post-event.
5.3 PUBLIC SAFETY
5.3.1 Police Services
During the pre-event meeting, the SAPD will determine the type of
police services needed and number of officers. Applicants are
directly responsible for the cost of Police Services, unpaid services
will result in rejection of future applications and the City reserves all
legal rights to recoup any unpaid fees.
Exhibit 2
City Council 23 –21 11/16/2021
7
5.3.2 Security Services
SAPD may deem an activity warrants the presence of one or more
security personnel and the cost of such service shall be borne by the
applicant. Licensed security personnel in uniform are required and
subject to approval by the City. Proof of obtaining security personnel
is due to the SAPD two weeks prior to the event.
5.3.3 Fire Prevention Inspection
Events that require street closures, the assembly of 50 or more
people, cooking, open flame, use of pyrotechnics or fireworks, a
change of building use (i.e. a warehouse use for an assembly space),
electricity or temporary membrane structures (tents or canopies),
and a separate permit may be required from the Orange County Fire
Authority (OCFA). As part of the permit requirements, onsite stand-
by and inspection services may be required due to the size,
complexity and/or unique safety issues regarding the activities
associated with the proposed event. Inspection fees may apply.
5.3.4 Traffic Control Plan and Parking
Event producers requiring street closures and traffic modifications
that pose a significant impact to vehicular traffic must have an
approved traffic control plan created by a licensed and qualified
traffic control company. All traffic plans are subject to final approval
by the City’s Traffic Engineer and the SAPD. Events taking place in
a portion of a parking lot or alley are also subject to traffic control
plans by a traffic control specialist and must obtain final approval by
the City’s Traffic Engineer and the Santa Ana Police Department.
In the event that water filled traffic barriers (k-rails) are required, it is
the responsibility of the event producer to obtain the k -rails and a
water truck capable of filling the k-rails to ensure the barriers
effectiveness.
The Public Works Agency requires the use of water filled K-rail when
the street or alley being closed or any of the two end of the block
streets are classified larger than a residential street, per The City of
Santa Ana’s Master Plan of Streets and Highways or whenever
Traffic Engineering staff feel there’s the potential for a safety hazard
to occur.
In the event that water filled K-rail is required, it is the applicant’s
responsibility to ensure that the traffic control company is able to
provide the water truck service necessary to completely fill all
required water filled K-rails.
5.3.5 Stages and Other Temporary Structures
Separate building permits may be required for stages and other
temporary structures such as platforms and grandstands/bleachers
that measure over 5 feet 9 inches in height. Applicants shall submit
Exhibit 2
City Council 23 –22 11/16/2021
8
the building permit applications and plans no less than one month
prior to their event to allow sufficient time for review and issuance of
the permit.
5.3.6 Temporary Signage Permits
SAMC Sec. 41-814 et seq. and Citywide Design Guidelines contain
regulations and specifications of signs that may be located on private
property within the City. Event applicants interested in installing
temporary signs or banners on private property are required to apply
for a temporary sign permit through the Planning Division.
6.0 FEES, PAYMENTS, DEPOSITS, AND INSURANCE
6.1 Fees and Payments
The permit fees referenced in this Policy are listed in the City Council approved
Miscellaneous Fees Schedule.
6.2 Deposits
Applicants must pay a deposit as listed in the City Council approved
Miscellaneous Fee Schedule at the time of application. Deposits will be refunded
following the event when all conditions set forth in the permit are fulfilled.
Reservation deposits are not refunded until after the final reservation and if no
damage has been incurred.
6.3 Insurance and Indemnity Provisions
The City requires applicants to provide liability insurance for an event and film
permit. Insurance requirements are determined based on the City’s risk
assessment of the activity/event. . Insurance requirements are no less than
$1,000,000 per occurrence for bodily injury and property damage. Insurance
requirements vary by the type of event, facility, and number of anticipated
guests, and are subject to change without notice. Insurance requirements
fulfilled prior to approval of the application and proof of insurance required 30
calendar days or more prior to the event.
7.0 RESERVATION CANCELLATIONS AND PERMIT AMENDMENTS
7.1 Permit Cancellations
Permit cancellations and refunds will be processed as follows:
All cancellations may incur a cancellation fee for each occurrence as dictated
by the Miscellaneous Fee Schedule.
Failure by the applicant or authorized event contact person to arrive at a
scheduled event, and/or failure to provide written cancellation notice will be
considered a “No Show.” Applicants with three or more “No Shows” may lose
reservation privileges and remaining reservations will be cancelled for the
calendar year.
Exhibit 2
City Council 23 –23 11/16/2021
9
7.2 Permit Amendments
Permit amendments include, but are not limited to the following: date, time
and amenities. One change permitted at no charge if requested 5 days or
more prior to reservation. A Processing Fee may be charged for each
subsequent change. Dependent on when request is submitted, other fees
may apply for cancellations or modifications to the original reservation. No
refunds or credits will be issued for early departure from an approved permit.
8.0 ADDITIONAL CITY POLICIES AND AGREEMENTS
This Policy may be subject to other City Council approved policies and agreements
that establish separate user reservation relationships and associated fees for
specific programs and/or entities.
Exhibit 2
City Council 23 –24 11/16/2021
Exhibit 3
City Council 23 –25 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 2
Table of Contents
LETTER FROM THE CITY MANAGER ............................................................................................................ 3
EVENT APPLICANT CLASSIFICATIONS ........................................................................................................ 4
EVENT PERMIT CLASSIFICATIONS (Park Facility and Film Permits Only) ............................................ 4
TYPES OF PERMITS .......................................................................................................................................... 5
A. PARK FACILITY PERMIT ...................................................................................................................... 5
B. FILM PERMIT ........................................................................................................................................... 5
C. LAND USE CERTIFICATE ..................................................................................................................... 5
D. SPECIAL EVENT PERMIT ..................................................................................................................... 5
EVENT PERMIT PROCESS ............................................................................................................................... 6
A. Application Submittal ............................................................................................................................... 6
B. Application Review Process ................................................................................................................... 7
C. Pre-Event Planning Meeting................................................................................................................... 7
D. Final Permit Application Approval ......................................................................................................... 7
E. Right To Appeal ................................................................................................................................. 7
PERMIT REQUIREMENTS ................................................................................................................................ 8
A. EVENT SUMMARY ................................................................................................................................. 8
B. PUBLIC HEALTH ..................................................................................................................................... 9
C. PUBLIC SAFETY ................................................................................................................................... 10
FEES, DEPOSITS, AND INSURANCE ........................................................................................................... 13
A. FEES .....................................................................................................................................................
B. DEPOSITS ..............................................................................................................................................
RESERVATION CANCELLATIONS ............................................................................................................... 15
AND PERMIT AMENDMENTS ........................................................................................................................ 15
ADDITIONAL CITY POLICIES AND AGREEMENTS ................................................................................... 15
CHECKLIST FOR EVENT PERMIT APPLICATION ...................................................................................... 15
EXHIBIT 1 .......................................................................................................................................................... 16
EVENTS PERMIT POLICY ............................................................................................................................ 16
EXHIBIT 2 .......................................................................................................................................................... 17
EVENT PERMIT APPLICATION ................................................................................................................... 17
EXHIBIT 3 .......................................................................................................................................................... 22
80% APPROVAL PETITION FORM ............................................................................................................. 22
Exhibit 3
City Council 23 –26 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 3
Thousands of events such as celebrations, community based festivals, fairs, sporting
events and other similar events conducted within the City enhance the vitality, quality of
life, and economic prosperity of Santa Ana.
The intent of this Events Permit Guide (Guide) is to provide guidance for use of City
facilities by residents, community organizations, businesses, and nonresidents for 1) Park
Facility Permits; 2) Film Permits; 3) Land Use Certificates and 4) Special Event Permits.
This Guide corresponds with the Events Policy (Policy) outlining procedures and
requirements associated with the management of events, filming, parades, land use and
publically owned land permitting in the City of Santa Ana.
On behalf of the City of Santa Ana, thank you for contributing to the spirit and vitality of our
community through your event.
LLLEEETTTTTTEEERRR FFFRRROOOMMM TTTHHHEEE CCCIIITTTYYY MMMAAANNNAAAGGGEEERRR
Exhibit 3
City Council 23 –27 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 4
Event applicants are classified into the below groups for purposes of assessing fees
and determining priority of use as described below.
EVENT PERMIT CLASSIFICATIONS (Park Facility and Film Permits Only)
The resident and nonresident event permits define the scheduling priority and
corresponding fees.
Priority 1
City-sponsored special event serving Santa Ana residents.
Priority 2
Resident: Non-Profit Organization (Special Events)
High School or College Students Resident and Non-Resident (Film)
Priority 3
Resident: Private Party or Business
Priority 4
Resident: Private Party or Business for Profit Making
Priority 5
Non-Resident: Private Party or Business
Priority 6
Non-Resident: Private Party or Business for Profit Making
EEEVVVEEENNNTTT AAAPPPPPPLLLIIICCCAAANNNTTT CCCLLLAAASSSSSSIIIFFFIIICCCAAATTTIIIOOONNNSSS
Exhibit 3
City Council 23 –28 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 5
A. PARK FACILITY PERMIT
Allows the temporary use of a public park, field and/or facility for
conducting certain outdoor and indoor, short-term events which are
conducted completely or partially on City-owned or controlled park
property pursuant to SAMC Sec. 31-3.
B. FILM PERMIT
Allows commercial motion picture or electronic video tape in or upon any
property owned or controlled by the City of Santa Ana SAMC Sec. 10-2(a).
Locations vary and are citywide.
C. LAND USE CERTIFICATE
Allows temporary use of private commercial property for conducting
certain outdoor, short-term activities, which may be related to the onsite
business pursuant to SAMC Sec. 41-195.5. This permit is originated and
managed by the Planning and Building Agency (Planning Division) in
conjunction with the Police Department and Orange County Fire Authority,
depending on the nature of the activity proposed.
D. SPECIAL EVENT PERMIT
Allows temporary use of public property for conducting certain outdoor,
short-term events conducted completely or partially on City-owned or
controlled public property pursuant to SAMC Sec. 10-22.
TTTYYYPPPEEESSS OOOFFF PPPEEERRRMMMIIITTTSSS
Exhibit 3
City Council 23 –29 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 6
This Guide assists event organizers in developing successful event plans that comply
with local, state, and federal codes, laws, policies and regulations governing activities
associated with the production and management of special events. The City Manager’s
Office (CMO) or designee (SAMC 10-22) manages the event permit process. Various
city departments, along with partner agencies may have regulatory authority related to
elements in an event application and participate in the review process. This provides a
coordinated approach to the planning, review, and on -site management of events. The
permit process is as follows:
A. Application Submittal
Applicant completes an event permit application, site plan, traffic plan and
additional supporting documentation for the corresponding departments no earlier
than six (6) months before and no later than 45 business days prior to event.
Submittal of the permit application or initiation of the review process does not deem
the permit application approved, nor should an event producer begin to advertise or
execute their event without final written approval from the reviewing agency.
Applications submitted within the 45 business day guidelines may be denied or may
be subject to expedited processing fees.
Expected attendance for events includes total participants and/or spectators,
vendors, exhibitors, staffing, etc. Major special events will take precedence over
moderate and minor special event dates.
Table 1 - Park Facility Permit Categories
A permit application shall be submitted no earlier than 180 days for larger scale
Special Events that require comprehensive event details and coordination (SMAC
10-22.2)
At the sole discretion of the City of Santa Ana, event producers may submit written
amendments to the initial permit application due to unique or changing
circumstances related to the event.
PARK FACILITY
PERMIT
CATEGORY
EXPECTED
ATTENDANCE APPLICATION SUBMITTAL DEADLINE
MAJOR 1,001 and Up Between ninety- (90) business days to one (1)
year prior to the event date.
MODERATE 100 – 1,000 Between forty-five (45) business days and six
(6) months prior to the event date. MINOR Up to 100
EEEVVVEEENNNTTT PPPEEERRRMMMIIITTT PPPRRROOOCCCEEESSSSSS
Exhibit 3
City Council 23 –30 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 7
B. Application Review Process
Throughout the review process, the City may request additional information and/or
documents for clarification. Delays in providing the requested information may
affect the ability to complete the permit application review in a timely manner. Once
the review process is completed, applicants will receive notification of the status of
their application.
C. Pre-Event Planning Meeting
After the application approval, a pre-event planning meeting may be scheduled with
the event producer. The purpose of the pre-event meeting is to discuss the event in
detail, address any changes, conflicts or concerns, and troubleshoot solutions.
Additional representatives of the city or partner agencies participate in the meetings
as appropriate. A Post-Event Meeting may be scheduled at the request of the city
or event producer
D. Final Permit Application Approval
Final approval of the permit application includes the city receiving all requested
documentation and payment prior to the event. Deadlines for requested
information and final payment varies for each application. The event applicant is
responsible to submit all requested documentation and payment before the agreed
upon deadline.
E. Right To Appeal
The Right to Appeal for Park Facility Permits is pursuant to SAMC Section 31-3.3,
Film Permits SAMC Section 10-5, Special Event Permits SAMC Section 10-14, and
Land Use Certificates SAMC Section 41-677 provides for an appeal process for
denial and revocations.
Exhibit 3
City Council 23 –31 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 8
A. EVENT SUMMARY
An event summary provides an overview of the requested event and is essential
information that should be included with the permit application.
1. Admission
Includes all admission/registration/participant fee information related to the
event.
2. Attendance
Providing the estimated attendance for an event helps in the review of the
event plans with emphasis on public safety, venue occupancy, staffing, and
impact to the surrounding neighborhood. Estimated attendance should
include the total number of people anticipated to attend, participate, provide
support services and/or watch the event.
3. Event Time Line
Detailed timelines are required when completing the permit application and
include setup, takedown and all activity times. The time denoted on the final
permit is determined by the times provided by the applicant. Set-up and
cleanup completion time should correspond with the permit and insurance
documents must cover the entire length of the event.
The City may require separate permit applications for events with plans that
vary significantly from day-to-day or have multiple distinct event types (e.g. a
parade with a separate festival).
4. Private Property Venue
Special events that utilize private commercial property for any portion of the
event are required to include a signature by the private property owner on
the application or submit a letter authorizing use of the property from the
property owner or property manager.
Private events taking place on private residential property are not included in
the event permit process and need to comply with the existing City of Santa
Ana zoning requirements for residential property.
5. Public Notification
All Park Facility Permit events require a public notification to local
neighborhood associations and businesses adjacent to the park or venue.
Major special events require public notification thirty days prior to the event
PPPEEERRRMMMIIITTT RRREEEQQQUUUIIIRRREEEMMMEEENNNTTTSSS
Exhibit 3
City Council 23 –32 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 9
date. Minor and Moderate special event notification requires fourteen days
prior to the event date.
Events that include a street closure requires the event organizer to petition
all residences and businesses within the enclosed street closure boundaries
wherein pedestrian and vehicular ingress and egress is impacted by the
special event and obtain a percentage of signatures that is deemed
acceptable by the Police Chief or designee (SAMC 10-22(b)(10)).
6. Site Plan
A detailed map/site plan with the permit application is required illustrating the
proposed event and includes the following: location and description of
structures, placement and number of any refuse and recyclable containers,
portable restrooms, fences, barricades, sound system, canopies/tents,
stages, parking areas, location of all street closures and detours, etc. For
runs or cycling events, routes to be followed and location of staging area
from which participants will exit, information/aide booths, checkpoints, route
monitor locations, spectator areas, etc. are required.
7. Business License
The City of Santa Ana requires all persons conducting business within the
City to obtain a business license prior to their event. Event producers and
any participating, onsite vendors or exhibitors require licenses. Current
Santa Ana businesses may show proof of a current business license.
Gratuitous Licenses are also available for businesses outside of Santa Ana
and are good for up to one year of issuance.
B. PUBLIC HEALTH
1. Food and Beverage Distribution
In accordance with the California Health and Safety Code, an Organizer
permit is required when two or more food vendors are participating at a
community event. If the applicant is planning to operate a Temporary
Food Facility (TFF) during an event, they are required to apply, meet
requirements and obtain a TFF permit prior to selling or giving away food
or beverage at an event. The California Health and Safety Code requires a
TFF Permit of any person or organization providing food at a community
event. All food vendors, including permitted restaurants, are required to
apply for and obtain a TFF Permit when participating in a community
event.
2. Alcohol Sale or Service
If the sale of alcohol or public service of alcohol is included in a Park
Facility Permit event, authorization from the State of California Department
of Alcohol Beverage Control (ABC) is required prior to the issuance of a
Exhibit 3
City Council 23 –33 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 10
permit. The City may place restrictions on the management of alcohol at a
proposed event. Santa Ana Municipal Code Sec. 31 -2.1 prohibits the
consumption or possession of alcoholic beverages in a city park (SAMC
31-2.1) unless permitted through issuance of a permit (SAMC 31-3).
In the instance that a City Council approved contract permits t he sale and
public service of alcohol, the sale and service of alcohol may be
discontinued or terminated if it is deemed to be inconsistent with the terms
and conditions of permitted use (SAMC 31-2).
3. Amplified Sound
Amplified sound permits are available for events at City parks. Amplified
sound means music or speech projected or transmitted by artificial means,
including, but not limited to, amplifiers, loudspeakers or any similar
devices (SAMC Sec. 31-1.1). Additional restrictions may apply for any
events near residential areas and/or business districts.
4. Waste Management Plan
Event organizers must arrange for provision of containers and collection of
water, trash and recyclables by contacting the City’s Exclusive Waste
Hauler. Recycling containers for the following materials is required for
plastic, glass, metal, paper and cardboard. The specifications of the
containers, including size, type, location, and pickup/delivery times is
required on the event site plan. Clean up of all trash after the event is
required in all areas, and if needed, power washing of any grease or food
waste contamination will be required. Event area will be subject to
inspection post-event.
C. PUBLIC SAFETY
1. Police Services
During the pre-event meeting, the SAPD will determine the type of police
services needed and number of officers. Applicants are directly
responsible for the cost of Police Services and unpaid services will result
in rejection of future applications. The City reserves all legal rights to
recoup any unpaid fees.
2. Security Services
SAPD may deem an activity warrants the presence of one or more
security personnel and the cost of such service shall be borne by the
applicant. Licensed security personnel in uniform are required and subject
to approval by the City. Proof of obtaining security personnel is due to the
SAPD two weeks prior to the event.
Exhibit 3
City Council 23 –34 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 11
3. Fire Prevention Inspection
Events that require street closures, the assembly of 50 or more people,
cooking, open flame, use of pyrotechnics or fireworks, a change of
building use (ex.; a warehouse used for an assembly space), electricity or
temporary membrane structures (tents or canopies), and a separate
permit may be required from the Orange County Fire Authority (OCFA). As
part of the permit requirements, onsite stand-by and inspection services
may be required due to the size, complexity and/or unique safety issues
regarding the activities associated with the proposed event. Inspection
fees may apply.
4. Traffic Control Plan and Parking
Event producers requiring street closures and traffic modifications that
pose a significant impact to vehicular traffic must have an approved traffic
control plan created by a licensed and qualified traffic control company.
All traffic plans are subject to final approval by the City’s Traffic Engineer
and the SAPD. Events taking place in a portion of a parking lot or alley are
also subject to traffic control plans by a traffic control specialist and must
obtain final approval by the City’s Traffic Engineer and the Santa Ana
Police Department.
The City of Santa Ana Public Works Agency requires the use of water
filled K-rail when the street or alley being closed or any of the two end of
the block streets are classified larger than a residential street, per The City
of Santa Ana’s Master Plan of Streets and Highways or whenever Traffic
Engineering staff feel there’s the potential for a safety hazard to occur.
In the event that water filled K-rail is required, it is the applicant’s
responsibility to ensure that the traffic control company is able to provide
the water truck service necessary to completely fill all required water filled
K-rails.
Should an event pose a significant impact to public or neighborhoo d
parking, a parking and shuttle plan will be required. Parking plans include
user agreements for alternative parking lots, shuttle service, and other
alternative methods of transportation. Shuttle plans include the location of
the shuttle lot, agreement or permission for use of an alternative lot,
shuttle route and drop off location.
5. Stages and Other Temporary Structures
Separate building permits may be required for stages and other temporary
structures such as platforms and grandstands/bleachers that measure
over 5 feet 9 inches in height. Applicants shall submit the building permit
Exhibit 3
City Council 23 –35 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 12
applications and plans no less than one month prior to their event to allow
sufficient time for review and issuance of the permit.
6. Temporary Signage Permits
Santa Ana Municipal Code Sec. 41-814 et seq. and Citywide Design
Guidelines contain regulations and specifications of signs that may be
located on private property within the City. Event applicants interested in
installing temporary signs or banners on private property are required to
apply for a temporary sign permit through the Planning Division.
Exhibit 3
City Council 23 –36 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 13
A. Fees
The reservation fees referenced in this Policy are listed in the City Council approved
Miscellaneous Fees Schedule.
B. Deposits
Applicants must pay a deposit as listed in the City Council approved Miscellaneous
Fee Schedule at the time of application. Deposits will be refunded following the
event when all conditions set forth in the permit are fulfilled. Reservation deposits
are not refunded until after the final reservation and if no damage has been incurred.
C. Insurance and Indemnity Provisions
i. Commercial General Liability Insurance
The Event Producer or PERMITTEE shall maintain commercial general
liability insurance naming the City of Santa Ana, 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 dam age to property,
resulting from any act or occurrence arising out of PERMITEE’S operations in
the performance of this Agreement, including, without limitation, acts involving
vehicles. Risk Management will review each application and determine the
amount of insurance that will be required. Insurance requirements are likely to
be in the vicinity of $1,000,000 to $5,000,000 per occurrence. The City
reserves the right to modify these requirements based on the nature of the
risk, prior events, insurance coverage, or other special circumstances.
PERMITTEE shall supply City with a fully executed additional insured policy
endorsement. This insurance is primary and non -contributing with any other
valid and collectible insurance or self -insurance available to the City.
ii. Business Automobile Liability Insurance
PERMITTEE shall maintain business automobile liability insurance or an
equivalent form with a limit of not less than $1,000,000 each accident. Such
insurance shall include coverage for owned, hired and non -owned
automobiles. (This coverage is not required if PERMITTEE shall not use or
operate automobiles in connection with the permitted event).
iii. Worker's Compensation Insurance
In accordance with the provisions of California Labor Code Section 3700, if
PERMITTEE 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, PERMITTEE agrees to
FFFEEEEEESSS,,, DDDEEEPPPOOOSSSIIITTTSSS,,, AAANNNDDD IIINNNSSSUUURRRAAANNNCCCEEE
Exhibit 3
City Council 23 –37 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 14
obtain and maintain any employer's liability in surance with limits not less than
$1,000,000 per accident.
iv. Other Insurance
Risk Management will review each application and determine if any additional
insurance will be required such as Professional Liability, Errors and
Omissions, Sexual Abuse or Molestation (SAM) Liability, Pollution Liability,
Cyber Liability, and Aviation Services Including Unmanned Aircraft's (Drones).
The event producer or PERMITTEE shall maintain all insurance required
above in full force and effect for the entire period covered by their permit.
Certificates of insurance shall be furnished to the City fifteen (15) business
days before the first event date and will require final approval by the Risk
Management Division. Incomplete or incorrect insurance forms may delay or
cancel the issuance of a permit.
v. Third Party Insurance
PERMITTEE shall require and verify that any hired vendors such as
food/catering trucks, portable restroom companies, traffic control companies,
shuttle providers, security companies working or staging equipment ma intain
insurance.
vi. Waivers
Event waivers must include an indemnification clause that holds the City of
Santa Ana and the event organizer harmless. Waivers are required to be
signed by active participants (e.g. runners), vendors/exhibitors, performers
(e.g. musicians, dancers), and volunteers.
Exhibit 3
City Council 23 –38 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 15
A. Permit Cancellations
Permit cancellations and refunds will be processed as follows:
All cancellations may incur a cancellation fee for each occurrence as dictated by
the Miscellaneous Fee Schedule.
Failure by the applicant or authorized event contact person to arrive at a scheduled
event, and/or failure to provide written cancellation notice will be considered a “No
Show.” Applicants with three or more “No Shows” may lose reservation privileges
and remaining reservations will be cancelled for the calendar year.
B. Permit Amendments
Permit amendments include, but are not limited to the following: date, time and
amenities. One change permitted at no charge if requested 5 days or more prior to
reservation. A Processing Fee may be charged for each subsequent change.
Dependent on when request is submitted, other fees may apply for cancellations or
modifications to the original reservation. No refunds or credits will be issued for
early departure from an approved permit.
This Policy may be subject to other City Council approved policies and agreements that
establish separate user reservation relationships and associated fees for specific
programs and/or entities.
Please include the following documents with your application:
Insurance Certificate
Additional Insured Endorsement page or Blanket Endorsement
Proof of Identification (i.e. valid driver’s license, valid identification card, lease
agreement or mortgage statement, home utility bill, et c.)
AAADDDDDDIIITTTIIIOOONNN AAALLL CCCIIITTTYYY PPPOOOLLLIIICCCIIIEEESSS AAANNNDDD AAAGGGRRREEEEEEMMMEEENNNTTTSSS
CCCHHHEEECCCKKKLLLIIISSSTTT FFFOOORRR EEEVVVEEENNNTTT PPPEEERRRMMMIIITTT AAAPPPPPPLLLIIICCCAAATTTIIIOOONNN
RRREEESSSEEERRRVVVAAATTTIIIOOONNN CCCAAANNNCCCEEELLLLLLAAATTTIIIOOONNNSSS
AAANNNDDD PPPEEERRRMMMIIITTT AAAMMMEEENNNDDDMMMEEENNNTTTSSS
Exhibit 3
City Council 23 –39 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 16
Approved by City Council xx/xx/xxxx
EEEXXXHHHIIIBBBIIITTT 111
CCCIIITTTYYY OOOFFF SSSAAANNNTTTAAA AAANNN AAA
EEEVVVEEENNNTTTSSS PPPEEERRRMMMIIITTT PPPOOOLLLIIICCCYYY
Exhibit 3
City Council 23 –40 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 17
https://www.santa-ana.org/parks/event-planning
EEEXXXHHHIIIBBBIIITTT 222
CCCIIITTTYYY OOOFFF SSSAAANNNTTTAAA AAANNNAAA
EEEVVVEEENNNTTT PPPEEERRRMMMIIITTT AAAPPPPPPLLLIIICCCAAATTTIIIOOONNN
Exhibit 3
City Council 23 –41 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 18
Exhibit 3
City Council 23 –42 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 19
Exhibit 3
City Council 23 –43 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 20
Exhibit 3
City Council 23 –44 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 21
Exhibit 3
City Council 23 –45 11/16/2021
City of Santa Ana
Events Permit Guide
November 16, 2021 22
EEEXXXHHHIIIBBBIIITTT 333
CCCIIITTTYYY OOOFFF SSSAAANNNTTTAAA AAANNNAAA
888000%%% AAAPPPPPPRRROOOVVVAAALLL PPPEEETTTIIITTTIIIOOONNN FFFOOORRRMMM
Exhibit 3
City Council 23 –46 11/16/2021
Public Works Agency
www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Grant Applications for the Fiscal Year 2022-2023 Measure M2 Comprehensive
Transportation Program
AGENDA TITLE
Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2022-2023 Measure
M2 Comprehensive Transportation Funding Program (Non-General Fund)
RECOMMENDED ACTION
1. Adopt Resolutions Authorizing the City of Santa Ana to submit applications for funding
consideration under the Measure M2 Comprehensive Transportation Funding
Program 2022 Call for Projects.
2. Direct staff to incorporate approved Comprehensive Transportation Funding Program
projects into the Seven-Year Capital Improvement Program for Fiscal Year 2022-23.
DISCUSSION
The Orange County Transportation Authority (OCTA) issued a call for projects under the
Measure M2 Comprehensive Transportation Funding Program (CTFP) Fiscal Year (FY)
2022-23. Approximately $32 million will be available for award on a countywide,
competitive basis for two programs: Arterial Capacity Enhancements (ACE) via the
Regional Capacity Program (Project O) and Regional Traffic Signal Synchronization
(RTSS) via the Regional Traffic Signal Synchronization Program (Project P). The CTFP
is the mechanism by which OCTA administers competitive funding for streets and roads
projects.
The City will be submitting applications totaling $11,139,163 in grant funding requests,
which requires a local match commitment of 25 percent for ACE and 20 percent for RTSS
programs. If awarded, existing and future local funding sources, including but not limited
to Transportation System Improvement Area funds (TSIA), Gas Tax funds, and Measure
M2 Fairshare funds, will be used to provide the required matching funds for the
recommended projects to be budgeted in FY 2022-23 Capital Improvement Program
(CIP).
City Council 24 –1 11/16/2021
Resolution – FY 2021-22 Measure M2 CTFP Grant Applications
November 16, 2021
Page 2
2
2
2
0
Staff is requesting authorization to apply for grant funding for the following projects:
RECOMMENDED PROJECTS CTFP
TYPE PHASE GRANT
REQUEST FY
Euclid Street Traffic Signal
Synchronization RTSS Design/
Construction $475,000 22-23
Fairview Street Improvements from
17th to Trask ACE
Design / ROW /
Construction $10,664,163 22-23
Staff carefully considered the grant funding criteria and strategically selected the projects
that will score well region-wide. Given the need for the street improvements and the
project eligibility requirements defined by OCTA, staff recommends that the City Council
adopt the Resolutions authorizing submittal of the CTFP application for funding
consideration, as well as direct staff to incorporate approved projects into the FY 2022-
23 Seven-Year CIP.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action at this time. The City will recognize
grant award revenue, inclusive of required City local match, through future Council action
during the FY 2022-23 CIP budget programing cycle. However, in the event both of the
recommended projects are awarded in the 2022 CTFP Call for Projects, the table below
provides a breakdown of the total potential funding for the identified projects:
RECOMMENDED
PROJECTS PHASE CTFP GRANT
FUNDS
CITY MATCH
FUNDS*FY
Euclid Street
Traffic Signal
Synchronization
Design/
Construction $475,000 $95,000 22-23
Fairview Street
Improvements
from 17th to Trask
Design / ROW
/Construction $10,664,163 $2,666,041 22-23
*The amounts listed above reflect maximum City funds to be committed if awarded full grant allocations.
EXHIBIT(S)
1. FY 22-23 CTFP Call for Projects – RTSS Resolution
2. FY 22-23 CTFP Call for Projects – ACE Resolution
City Council 24 –2 11/16/2021
Resolution – FY 2021-22 Measure M2 CTFP Grant Applications
November 16, 2021
Page 3
2
2
2
0
Submitted By:
Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 24 –3 11/16/2021
EXHIBIT 1
Resolution No. 2021-XXX
Page 1 of 3
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. The Measure M2 Regional Traffic Signal Synchronization Program targets
over 2000 signalized intersections across Orange County to maintain traffic
signal synchronization, improve traffic flow, and reduce congestion across
jurisdictions.
B. The City of Santa Ana has been declared by the Orange County
Transportation Authority to meet the eligibility requirements to receive
revenues as part of Measure M2.
C. The City of Santa Ana must include all projects funded by Net Revenues in
the seven-year Capital Improvement Program as part of the Renewed
Measure M Ordinance eligibility requirement.
D. The City of Santa Ana has currently adopted a Local Signal Synchronization
Plan consistent with the Regional Traffic Signal Synchronization Master Plan
as a key component of local agencies’ efforts to synchronizing traffic signals
across local agencies’ boundaries.
E. The City of Santa Ana will provide matching funds for each project as required
by the Comprehensive Transportation Funding Programs Procedures
Manual.
F. The City of Santa Ana will not use Renewed Measure M funds to supplant
Developer Fees or other commitments.
G. The City of Santa Ana desires to implement multi-jurisdictional signal
synchronization listed below.
City Council 24 –4 11/16/2021
EXHIBIT 1
Resolution No. 2021-XXX
Page 2 of 3
Section 2. The City Council of the City of Santa Ana hereby approves the formal
submissions of the projects described below to the Orange County Transportation
Authority for funding under the OCTA’s Regional Traffic Signal Synchronization Program
and requests that the OCTA allocate funds in the amounts specified in the City’s
submissions. Said funds shall be matched by funds from Santa Ana as required and shall
be used as supplemental funding to aid the City in signal synchronization along the
following street(s):
PROJECT PROGRAM FY
Euclid Street Traffic Signal Synchronization RTSSP 22/23
Section 3. The City of Santa Ana authorizes a formal amendment to the seven-
year Capital Improvement Program to add projects approved for Measure M2 funding
upon approval from the Orange County Transportation Authority Board of Directors.
Section 4. The City Council appoints the City Manager, or his or her designee, as
agent for the City of Santa Ana to conduct all negotiations, and execute and submit all
documents, including but not limited to applications, agreements, amendments, payment
requests and so on, which may be necessary for allocation of the requested funds to
Santa Ana.
Section 5. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this ____ day of ___________________, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
City Council 24 –5 11/16/2021
EXHIBIT 1
Resolution No. 2021-XXX
Page 3 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2021-
____ to be the original resolution adopted by the City Council of the City of Santa Ana on
_____________________, 2021.
Date:
Clerk of the Council
City of Santa Ana
City Council 24 –6 11/16/2021
Resolution No. 2021-XXX
Page 1 of 3
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMPREHENSIVE TRANSPORTATION PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and
declares as follows:
A. The City of Santa Ana desires to implement the transportation improvements
listed below.
B. The City of Santa Ana has been declared by the Orange County
Transportation Authority to meet the eligibility requirements to receive
Measure M2 “Fair Share” funds.
C. The City’s Circulation Element is consistent with the County of Orange
Master Plan of Arterial Highways.
D. The City of Santa Ana will not use Measure M2 funds to supplant Developer
Fees or other commitments.
E. The City of Santa Ana will include all projects funded by M2 Net Revenues in
its seven-year Capital Improvement Program, as part of the Measure M2
Ordinance eligibility requirements.
F. The City of Santa Ana will provide matching funds for each project as
required by the Orange County Comprehensive Transportation Funding
Programs Guidelines.
G. The Orange County Transportation Authority intends to allocate funds for
transportation improvement projects within the incorporated cities and the
County.
H. The City of Santa Ana authorizes a formal amendment to the seven-year
Capital Improvement to add projects approved for Measure M2 funding
upon approval from Orange County Transportation Authority Board of
Directors if necessary.
City Council 24 –7 11/16/2021
Resolution No. 2021-XXX
Page 2 of 3
Section 2. The City Council of the City of Santa Ana hereby approves the
formal submissions of the projects described below to the Orange County Transportation
Authority for funding under the OCTA’s Comprehensive Transportation Funding Program
and requests that the OCTA allocate funds in the amounts specified in the City's
submissions. Said funds shall be matched by funds from Santa Ana as required and shall
be used as supplemental funding to aid the City in the improvement of the following
street(s). “ACE” shall mean Arterial Capacity Enhancement.
PROJECT PROGRAM FY
Fairview St. Improvements from Monte Carlo Dr. to Trask Ave. ACE 2/23
Section 3. The City Council appoints the City Manager, or his or her designee, as
agent for the City of Santa Ana to conduct all negotiations, and execute and submit all
documents, including but not limited to applications, agreements, amendments, payment
requests and so on, which may be necessary for allocation of the requested funds to
Santa Ana.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this ____ day of ___________________, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
City Council 24 –8 11/16/2021
Resolution No. 2021-XXX
Page 3 of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2021-
____ to be the original resolution adopted by the City Council of the City of Santa Ana on
_____________________, 2021.
Date:
Clerk of the Council
City of Santa Ana
City Council 24 –9 11/16/2021
Human Resources
www.santa-ana.org/hr
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: City Manager Evaluation and Salary Adjustment
AGENDA TITLE:
City Manager Evaluation and Adopt a i) Resolution to Reflect Positive Performance
Evaluation Conducted on October 19, 2021 and Approving an Amended Annual Salary
for the City Manager, and ii) Resolution Amending Resolution No. 2019-111 to Effect
Certain Changes to the City’s Master Salary Schedule in Conformance with Title 2 of the
California Code of Regulations Section 570.5 and the California Public Employees'
Retirement System (CalPERS)
RECOMMENDED ACTION
1. Adopt a Resolution affirming positive evaluation results and approving an adjusted
annual salary for the City Manager, and
2. Adopt a Resolution amending Resolution No. 2019-111 to effect certain changes to
the City’s Master Salary Schedule in Conformance with Title 2 of the California Code
of Regulations Section 570.5 and the California Public Employees' Retirement System
(CalPERS).
DISCUSSION
The City of Santa Ana City Charter provides that the City Council shall conduct
evaluations of its appointees on an annual basis. In addition, City Manager Kristine
Ridge’s Employment Agreement provides for an annual evaluation and opportunity for
consideration of adjustments based on a positive evaluation. The City Council conducted
the evaluation of City Manager Ridge on October 19, 2021 and agreed that Ms. Ridge is
doing an excellent job as City Manager.
The City Manager’s Employment Agreement was approved on April 30, 2019 and
provided an annual salary of $290,000, which since has not been adjusted or amended.
The City Manager proposed adjustments to her annual salary, and based on their
evaluation, the City Council supported an annual salary of $301,600 with a possible
additional increase in six months based on continued positive performance. The proposed
resolutions affirm the positive evaluation results and approves an adjusted annual salary
City Council 25 –1 11/16/2021
City Manager Evaluation and Salary Adjustment
November 16, 2021
Page 2
2
2
4
0
for the City Manager (Exhibit 1), and amends the Master Salary schedule to effect the
abovementioned change to the City Manager’s salary (Exhibit 2).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City Council’s adoption of the proposed Resolution and amended agreements will
result in an annual total increase in costs of approximately $13,150, with a FY21-22 fiscal
impact of approximately $8,200. There are sufficient funds in the City Manager’s Office
Budget (accounts 01103010-6XXXX) to cover the increased expenses.
EXHIBIT(S)
1. Proposed Resolution
2. Resolution amending Resolution No. 2019-111
Submitted By: Jason Motsick, Executive Dir Human Resources
Approved By: Kristine Ridge, City Manager
City Council 25 –2 11/16/2021
City Council 25 –3 11/16/2021
City Council 25 –4 11/16/2021
City Council 25 –5 11/16/2021
City Council 25 –6 11/16/2021
City Council 25 –7 11/16/2021
CITY OF SANTA ANA
MASTER SALARY SCHEDULE
FISCAL YEAR 2021-2022
Update as of
November, 2021
ATTACHMENT A
City Council 25 –8 11/16/2021
TABLE OF CONTENTS:
REGULAR CLASSES AND ASSIGNMENT OF CLASSES TO SALARY RATE RANGES………………………..P. 01 - 07
PART-TIME CATEGORIES SALARY RATE RANGES…………………………………………………………..…..…….P. 08 - 09
DEFINE SALARY RATE RANGE AND STEP ADVANCEMENT………………………………………………………..P. 10 - 12
SPECIAL COMPENSATION PROVISIONS……………………………………………………………………………………P. 13 - 17
OTHER PAY ADDITIVES…………………………………………………………………………………………………………….P. 18 - 24
FOOTNOTES…………………………………………………………………………………………………………………………….P. 25 - 26
EFFECTIVE CHANGES, INCORPORTED HEREIN………………………………………………………………………….P. 27
PRIMARY SALARY MATRIX (EXHIBIT A)…………………………………………………………………………………….P. 28
MIDDLE-MANAGEMENT SALARY MATRIX (EXHIBIT B).…………………………………………………………….P. 29
EXECUTIVE MANAGEMENT SALARY MATRIX (EXHIBIT C)…………………………………………………….…..P. 30
City Council 25 –9 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.SEIU 6 01140 ACCOUNTANT I 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 01140 ACCOUNTANT I 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 01150gg ACCOUNTANT II 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557
SEIU 6 07010 ACCOUNTING ASSISTANT 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790
SEIU 6 07015 ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790
MID M-NS 01120 ACCOUNTING MANAGER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
SEIU 6 07009 ACCOUNTS PAYABLE SUPERVISOR 668 675 5,623 5,905 6,200 6,510 6,835 7,176 7,535
SEIU 6 01295 ACTIVE TRANSPORTATION COORDINATOR 710 717 6,903 7,247 7,609 7,989 8,389 8,809 9,250
UC 07271 ADMINISTRATIVE SECRETARY (UC)**610 610 - 4,921 5,168 5,425 5,703 5,989 6,286
MID M-NS 00190 ADMINISTRATIVE SERVICES MANAGER (MM)MM-22 MM-22 - -9,865 - 12,018 - 14,642
POA-NS 03920 ANIMAL SERVICE OFFICER I 664 668 - -5,434 5,706 5,992 6,291 6,606
POA-NS 03930 ANIMAL SERVICE OFFICER II 694 698 - -6,291 6,606 6,937 7,283 7,647
ADMIN MGMT-NS 02910 APPLICATIONS SYSTEMS MANAGER (AM)**AM774 AM774 - -10,968 11,521 12,097 12,702 13,338
ADMIN MGMT-NS 02915 APPLICATIONS/TECH SUPPORT MANAGER (AM)**AM784 AM784 - -11,521 12,097 12,702 13,338 14,005
SEIU 6 02845 ARTS & CULTURE SPECIALIST 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 00270 ASSISTANT BUYER 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415
MID M-NS 01620 ASSISTANT CITY ATTORNEY (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
EXEC-NS 00090 ASSISTANT CITY MANAGER (EM)EM-40 EM-40 - - 17,581 - -- 23,245
MID M-NS 01710 ASSISTANT CLERK OF THE COUNCIL (MM)MM-18 MM-18 - - 8,937 - 10,889 - 13,265
MID M-NS 02865 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
MID M-NS 01180 ASSISTANT DIR OF FINANCE AND MANAGEMENT SVCS (MM)MM-28 MM-28 - - 11,439 - 13,936 - 16,980
MID CMM-NS 01836 ASSISTANT DIR OF HUMAN RESOURCES (CMM)CMM-26 CMM-26 - - 10,889 - 13,265 - 16,160
MID M-NS 02492 ASSISTANT DIR OF PLANNING AND BUILDING (MM)MM-28 MM-28 - - 11,439 - 13,936 - 16,980
SEIU 6 01601m ASSISTANT ENGINEER 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149
SEIU 6 00530 ASSISTANT FLEET SERVICES TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678
SEIU 6 04125 ASSISTANT INSTRUMENT TECHNICIAN 642 649 4,954 5,201 5,461 5,734 6,021 6,322 6,638
SEIU 6 05180 ASSISTANT LIBRARIAN 623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050
SEIU 6 00280 ASSISTANT PARKS/LANDSCAPE PLANNER 675 682 5,818 6,110 6,415 6,735 7,073 7,427 7,799
SEIU 6 01410m/n ASSISTANT PLAN CHECK ENGINEER 747 754 8,269 8,683 9,117 9,577 10,055 10,558 11,086
SEIU 6 00040 ASSISTANT PLANNER I 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761
SEIU 6 02440 ASSISTANT PLANNER II 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557
ADMIN MGMT-NS 01772 ASSISTANT PUBLIC WORKS MAINTENANCE MANAGER (AM)**AM750 AM750 - - 9,755 10,243 10,756 11,295 11,858
MID M-NS 07721 ASSISTANT TO THE CITY MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 02155 ASSISTANT TRAFFIC OPERATIONS ENGINEER 748 755 8,309 8,725 9,161 9,625 10,105 10,611 11,142
SEIU 6 02100m ASSOCIATE ENGINEER 747 754 8,269 8,683 9,117 9,577 10,055 10,558 11,086
SEIU 6 01040 ASSOCIATE PARK AND LANDSCAPE PLANNER 725 732 7,427 7,799 8,189 8,599 9,029 9,482 9,955
SEIU 6 02280m/n ASSOCIATE PLAN CHECK ENGINEER 762 769 8,897 9,342 9,819 10,309 10,825 11,366 11,934
SEIU 6 02450 ASSOCIATE PLANNER 724 731 7,391 7,761 8,149 8,557 8,985 9,434 9,906
POA-NS 06170 BACKGROUND INVESTIGATOR 679 683 - - 5,847 6,140 6,446 6,768 7,107
MID M-NS 00474 BENEFITS AND COMPENSATION MANAGER (MM)MM-18 MM-18 - - 8,937 - 10,889 - 13,265
SEIU 6 05150 BIBLIOGRAPHIC TECHNICIAN 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762
UC 00497 BUDGET AIDE (UC)**642 642 - 5,759 6,046 6,349 6,666 7,000 7,351
UC 00496 BUDGET ANALYST (UC)**668 668 - 6,538 6,863 7,209 7,568 7,948 8,346
ADMIN MGMT-NS 06400 BUDGET AND RESEARCH MANAGER (AM)**AM764 AM764 - -10,446 10,968 11,521 12,097 12,702
ADMIN MGMT-NS 00493 BUDGET SUPERVISOR (AM)**AM744 AM744 - -9,473 9,947 10,446 10,968 11,521
SEIU 6 04315 BUILDING MAINTENANCE AIDE 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201
SEIU 6 04310 BUILDING MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149
SEIU 6 04140 BUILDING MAINTENANCE TECHNICIAN 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322
MID M-NS 00940 BUILDING SAFETY MANAGER (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
SEIU 6 02230q BUILDING TECHNICIAN 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170
SEIU 6 01240 BUSINESS TAX COLLECTOR/INSPECTOR 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510
SEIU 6 01350k BUYER 678 685 5,905 6,200 6,510 6,835 7,176 7,535 7,913
SEIU 6 07030 CENTRAL SERVICES SUPERVISOR 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542
MID M-NS 01650 CHIEF ASSISTANT CITY ATTORNEY (MM)MM-30 MM-30 - - 12,018 - 14,642 - 17,840
MID CMM-NS 01651 CHIEF ASSISTANT CITY ATTORNEY-EMPLOYEE RELATIONS (EXEMPT) (CMM)CMM-30 CMM-30 - - 12,018 - 14,642 - 17,840
EXEC-NS 01701 CHIEF TECHNOLOGY INNOVATIONS OFFICER (EM)EM-20 EM-20 - - 14,075 - -- 18,315
APPOINT 01690 CITY ATTORNEY (EM)*N/A N/A - - - Per Contract - -
APPOINT 01790 CITY MANAGER (EM)*N/A N/A By Resolution: $25,133 Monthly ($301,600 annually)
MID M-NS 02150 CITY TRAFFIC ENGINEER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
SEIU 6 02132m CIVIL ENGINEER 762 769 8,897 9,342 9,819 10,309 10,825 11,366 11,934
Page 1 of 30
City Council 25 –10 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
APPOINT 01990 CLERK OF THE COUNCIL (EM)*EM-33 EM-33 Per Contract: (STEP 14) $14,075/MO
SEIU 6 02780h CODE ENFORCEMENT ASSOCIATE 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322
MID M-NS 02750 CODE ENFORCEMENT MANAGER (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
SEIU 6 02740h CODE ENFORCEMENT OFFICER 676 683 5,847 6,140 6,446 6,768 7,107 7,463 7,837
ADMIN MGMT-NS 02745 CODE ENFORCEMENT PRINCIPAL (AM)**AM725 AM725 - - 8,634 9,065 9,518 9,997 10,496
SEIU 6 00070h CODE ENFORCEMENT SUPERVISOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809
SEIU 6 06430q COMBINATION BUILDING INSPECTOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989
POA-NS 07660 COMMUNICATIONS SERVICES OFFICER 659 663 - - 5,304 5,569 5,847 6,140 6,446
SEIU 6 07585 COMMUNITY DEVELOPMENT ANALYST 689 696 6,230 6,542 6,869 7,211 7,571 7,951 8,349
SEIU 6 07321 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 611 618 4,257 4,470 4,694 4,930 5,176 5,434 5,706
MID M-NS 07615 COMMUNITY DEVELOPMENT MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 05000 COMMUNITY LIAISON 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599
SEIU 6 02240u CONSTRUCTION INSPECTOR 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761
SEIU 6 01850w CONTRACTS ADMINISTRATOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989
MID M-NS 04780 CORPORATE YARD FACILITIES/FLEET SVCS MGR (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 04070 CORPORATE YARD MAINTENANCE ATTENDANT 568 575 3,449 3,622 3,803 3,994 4,194 4,404 4,624
PMA-NS 01971 CORRECTIONAL MANAGER (RM)M770 M770 - 8,941 9,388 9,857 10,350 10,868 -
POA-NS 00310dd/oo/uu CORRECTIONAL OFFICER 679 683 - - 5,847 6,140 6,446 6,768 7,107
SEIU 6 07630 CORRECTIONAL RECORDS SPECIALIST 575 582 3,568 3,747 3,935 4,132 4,339 4,556 4,787
SEIU 6 07629 CORRECTIONAL RECORDS SUPERVISOR 652 659 5,201 5,461 5,734 6,021 6,322 6,638 6,971
POA-NS 00370uu/vv CORRECTIONAL SUPERVISOR 728 732 - - 7,427 7,799 8,189 8,599 9,029
MID M-NS 00400 COUNCIL SERVICES MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
UC 00830 COUNCIL SERVICES SECRETARY (UC)**589 589 - 4,445 4,669 4,902 5,145 5,407 5,674
COUNCIL 08700 COUNCILMEMBER N/A N/A - - 1,000 - - - -
POA-NS 03995 CRIME RESEARCH AIDE 690 694 - - 6,170 6,478 6,801 7,141 7,499
POA-NS 03990 CRIME RESEARCH ANALYST 716 720 - - 7,005 7,355 7,723 8,109 8,515
SEIU 6 04005 CUSTODIAL AIDE/PORTER 537 544 2,965 3,113 3,269 3,432 3,604 3,784 3,974
SEIU 6 04000k CUSTODIAN 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601
SEIU 6 04090 CUSTODIAN SUPERVISOR 623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050
SEIU 6 01220k CUSTOMER SERVICE REPRESENTATIVE 622 629 4,493 4,718 4,954 5,201 5,461 5,734 6,021
SEIU 6 04200 DATA ENTRY OFFICE ASST 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201
MID M-NS 01610 DEPUTY CITY ATTORNEY (MM)MM-12 MM-12 - - 7,704 - 9,386 - 11,439
MID M-NS 00315 DEPUTY CITY ENGINEER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
SEIU 6 07050 DEPUTY CLERK OF THE COUNCIL 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384
MID M-NS 02251 DEPUTY PUBLIC WORKS DIR/CONSTRUCTION SERVICES MGR (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
MID M-NS 04430 DEPUTY PUBLIC WORKS DIR/MAINTENANCE SERVICES MGR (MM)MM-24 MM-24 - - 10,359 - 12,627 - 15,384
MID M-NS 00320 DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER (MM)MM-28 MM-28 - - 11,439 - 13,936 - 16,980
MID M-NS 04410 DEPUTY PUBLIC WORKS DIRECTOR/WATER RSRCS MGR (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
SEIU 6 03100 DNA COORDINATOR 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790
MID M-NS 02690 ECONOMIC DEVELOPMENT MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 00560 ECONOMIC DEVELOPMENT SPECIALIST I 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599
SEIU 6 00550 ECONOMIC DEVELOPMENT SPECIALIST II 724 731 7,391 7,761 8,149 8,557 8,985 9,434 9,906
SEIU 6 00350 ECONOMIC DEVELOPMENT SPECIALIST III 754 761 8,557 8,985 9,434 9,906 10,401 10,922 11,468
POA-NS 02705 EMERGENCY OPERATIONS COORDINATOR 748 752 - - 8,189 8,599 9,029 9,482 9,955
UCE 01784 EMPLOYEE RELATIONS ANALYST (UCE)663 663 - 6,380 6,702 7,034 7,386 7,754 8,142
MID CMM-NS 01781 EMPLOYEE RELATIONS MANAGER (CMM)CMM-22 CMM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 02030 ENGINEERING AIDE 628 635 4,624 4,858 5,101 5,356 5,623 5,905 6,200
SEIU 6 02035 ENGINEERING TECHNICIAN 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510
SEIU 6 01771 ENTERPRISE PROGRAM MANAGER 727 734 7,499 7,875 8,269 8,683 9,117 9,577 10,055
SEIU 6 00440hh EQUIPMENT OPERATOR 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384
SEIU 6 04215 EQUIPMENT OPERATOR - WATER SERVICES 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510
UC 01515 EQUITY AND INCLUSION COORDINATOR (EXEMPT) (UC)**668 668 - 6,538 6,863 7,209 7,568 7,948 8,346
UC 00900 EXECUTIVE ASSISTANT (UC)**645 645 - 5,844 6,138 6,444 6,765 7,103 7,459
EXEC-NS 02870 EXECUTIVE DIR OF COMMUNITY DEVELOPMENT (EM)EM-20 EM-20 - - 14,075 - - - 18,315
EXEC-NS 01190 EXECUTIVE DIR OF FINANCE AND MGMT SVCS (EM)EM-20 EM-20 - - 14,075 - - - 18,315
EXEC-NS 01830 EXECUTIVE DIR OF HUMAN RESOURCES (EM)EM-20 EM-20 - - 14,075 - - - 18,315
EXEC-NS 05400 EXECUTIVE DIR OF PARKS, REC & COMMUNITY SVCS (EM)EM-20 EM-20 - - 14,075 - - - 18,315
EXEC-NS 02490 EXECUTIVE DIR OF PLANNING AND BLDG SAFETY (EM)EM-30 EM-30 - - 15,537 - - - 20,218
EXEC-NS 02170 EXECUTIVE DIR OF PUBLIC WORKS (EM)EM-30 EM-30 - - 15,537 - - - 20,218
Page 2 of 30
City Council 25 –11 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
UCE 07393 EXECUTIVE SECRETARY - HUMAN RESOURCES (UCE)615 615 - 5,045 5,297 5,563 5,844 6,138 6,444
UC 07392 EXECUTIVE SECRETARY (UC)**615 615 - 5,045 5,297 5,563 5,844 6,138 6,444
UC 00140 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC)**620 620 - 5,168 5,425 5,703 5,989 6,286 6,602
MID M-NS 04376 FACILITIES AND FLEET MAINTENANCE MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
ADMIN MGMT-NS 04377 FACILITIES MAINTENANCE MANAGER (AM)AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396
MID M-NS 04375 FACILITIES MAINTENANCE SUPERINTENDENT (MM)MM-18 MM-18 - - 8,937 - 10,889 - 13,265
SEIU 6 04370 FACILITIES SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149
UC 00481 FINANCIAL ANALYST (UC)**663 663 - 6,380 6,702 7,034 7,386 7,754 8,142
POA-NS 07600ww FIREARMS EXAMINER 735 739 - - 7,685 8,069 8,473 8,897 9,342
SEIU 6 00500 FLEET PARTS SPECIALIST 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869
ADMIN MGMT-NS 04785 FLEET SERVICES MANAGER (AM)AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396
SEIU 6 04770e FLEET SERVICES SUPERVISOR 698 705 6,510 6,835 7,176 7,535 7,913 8,309 8,725
SEIU 6 04720b/e FLEET SERVICES TECHNICIAN I 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542
SEIU 6 04730b/e FLEET SERVICES TECHNICIAN II 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211
SEIU 6 00450b/e FLEET SERVICES TECHNICIAN III 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761
POA-NS 01360 FORENSIC SERVICES SUPERVISOR 766 770 - - 8,941 9,388 9,857 10,350 10,868
POA-NS 03970y/yy/zz FORENSIC SPECIALIST I 690 694 - - 6,170 6,478 6,801 7,141 7,499
POA-NS 03980dd/yy/zz/aaa FORENSIC SPECIALIST II 709 713 - - 6,768 7,107 7,463 7,837 8,229
SEIU 6 04190 GENERAL MAINTENANCE LEADER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005
SEIU 6 01010 GENERAL MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149
SEIU 6 04180 GENERAL MAINTENANCE WORKER 632 639 4,718 4,954 5,201 5,461 5,734 6,021 6,322
SEIU 6 02190 GIS ADMINISTRATOR 719 726 7,211 7,571 7,951 8,349 8,767 9,205 9,673
SEIU 6 02192 GIS SYSTEMS ANALYST/PROGRAMMER 701 708 6,606 6,937 7,283 7,647 8,029 8,431 8,853
SEIU 6 01500 GRAPHICS DESIGNER I 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415
SEIU 6 02400k GRAPHICS DESIGNER II 655 662 5,278 5,542 5,818 6,110 6,415 6,735 7,073
MID M-NS 03751 HOMELESS SERVICES DIVISION MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
ADMIN MGMT-NS 03750 HOMELESS SERVICES MANAGER (AM)**AM764 AM764 - - 10,446 10,968 11,521 12,097 12,702
SEIU 6 01885 HOUSING AUTHORITY ANALYST 692 699 6,322 6,638 6,971 7,319 7,685 8,069 8,473
SEIU 6 07640 HOUSING AUTHORITY COORDINATOR 755 762 8,599 9,029 9,482 9,955 10,453 10,976 11,525
SEIU 6 02720 HOUSING AUTHORITY OPERATIONS SUPERVISOR 713 720 7,005 7,355 7,723 8,109 8,515 8,941 9,388
MID M-NS 02460 HOUSING DIVISION MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 07580 HOUSING PROGRAMS AIDE 604 611 4,111 4,317 4,533 4,764 5,002 5,252 5,515
SEIU 6 01840 HOUSING PROGRAMS ANALYST 713 720 7,005 7,355 7,723 8,109 8,515 8,941 9,388
SEIU 6 00520 HOUSING PROGRAMS COORDINATOR 755 762 8,599 9,029 9,482 9,955 10,453 10,976 11,525
SEIU 6 01890 HOUSING SPECIALIST I 617 624 4,382 4,601 4,834 5,076 5,330 5,596 5,876
SEIU 6 01900k HOUSING SPECIALIST II 638 645 4,858 5,101 5,356 5,623 5,905 6,200 6,510
UC 07069 HUMAN RESOURCES ADMINISTRATIVE ASSISTANT (UC)**581 581 - 4,271 4,486 4,710 4,945 5,194 5,453
UC 01520 HUMAN RESOURCES ANALYST (UC)**663 663 - 6,380 6,702 7,034 7,386 7,754 8,142
MID CMM-NS 01837 HUMAN RESOURCES BUSINESS SYSTEMS ADMINISTRATOR (CMM)CMM-18 CMM-18 - - 8,937 - 10,889 - 13,265
MID CMM-NS 01551 HUMAN RESOURCES OPERATIONS MANAGER (CMM)CMM-22 CMM-22 - - 9,865 - 12,018 - 14,642
UC 07070 HUMAN RESOURCES SPECIALIST (UC)**581 581 - 4,271 4,486 4,710 4,945 5,194 5,453
UC 01250 HUMAN RESOURCES TECHNICIAN (UC)**622 622 - 5,221 5,480 5,759 6,046 6,349 6,666
MID M-NS 00960 INFORMATION SERVICES AND NETWORK MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 02670k INFORMATION SERVICES REPRESENTATIVE 628 635 4,624 4,858 5,101 5,356 5,623 5,905 6,200
SEIU 6 04130 INSTRUMENT TECHNICIAN 660 667 5,408 5,678 5,963 6,260 6,574 6,903 7,247
PMA-NS 03231 JAIL ADMINISTRATOR (RM)M860 M860 - 13,871 14,565 15,293 16,058 16,861 -
SEIU 6 07090 LEAD ACCOUNTING ASSISTANT 648 655 5,101 5,356 5,623 5,905 6,200 6,510 6,835
SEIU 6 07628 LEAD CORRECTIONAL RECORDS SPECIALIST 617 624 4,382 4,601 4,834 5,076 5,330 5,596 5,876
SEIU 6 07110 LEAD POLICE RECORDS SPECIALIST 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170
UC 07080 LEGAL OFFICE ASSISTANT (UC)**544 544 - 3,568 3,745 3,934 4,129 4,337 4,553
UC 07120 LEGAL SECRETARY (UC)**588 588 - 4,422 4,645 4,877 5,121 5,378 5,648
SEIU 6 05110k LIBRARIAN 663 670 5,488 5,762 6,050 6,353 6,670 7,005 7,355
MID M-NS 05195 LIBRARY OPERATIONS MANAGER (MM)MM-17 MM-17 - - 8,718 - 10,622 - 12,943
SEIU 6 05050k LIBRARY SERVICES ASSISTANT 565 572 3,398 3,568 3,747 3,935 4,132 4,339 4,556
EXEC-NS 01561 LIBRARY SERVICES DIRECTOR (EM)EM-10 EM-10 - - 12,444 - - - 14,311
SEIU 6 05076 LIBRARY TECHNICIAN 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304
SEIU 6 07000 LOAN SPECIALIST 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 07170 MAIL CLERK/MESSENGER 546 553 3,098 3,253 3,415 3,586 3,765 3,954 4,152
SEIU 6 00740 MAINTENANCE ASSISTANT 568 575 3,449 3,622 3,803 3,994 4,194 4,404 4,624
Page 3 of 30
City Council 25 –12 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
SEIU 6 04050 MAINTENANCE WORKER I 588 595 3,803 3,994 4,194 4,404 4,624 4,858 5,101
SEIU 6 04060bb/s MAINTENANCE WORKER II 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762
UC 01200 MANAGEMENT AIDE (UC)**642 642 - 5,759 6,046 6,349 6,666 7,000 7,351
UC 01720 MANAGEMENT ANALYST (UC)**668 668 - 6,538 6,863 7,209 7,568 7,948 8,346
UC 00750 MANAGEMENT ASSISTANT (EXEMPT) (UC)**668 668 - 6,538 6,863 7,209 7,568 7,948 8,346
COUNCIL 08710 MAYOR N/A N/A - - 1,000 - - - -
SEIU 6 01210 METER READER COLLECTOR 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762
SEIU 6 00020 MICRO SYSTEMS TECHNICIAN 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869
SEIU 6 06450 NETWORK ENGINEER 749 756 8,349 8,767 9,205 9,673 10,156 10,664 11,198
SEIU 6 06460 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205
SEIU 6 06440 NPDES MANAGER 735 742 7,799 8,189 8,599 9,029 9,482 9,955 10,453
SEIU 6 07180 OFFICE ASSISTANT 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601
SEIU 6 07190 OFFICE SPECIALIST 542 549 3,040 3,192 3,352 3,519 3,695 3,880 4,074
MID M-NS 00475 ORGANIZATIONAL DEVELOPMENT AND TRAINING MANAGER (MM)MM-18 MM-18 - - 8,937 - 10,889 - 13,265
UC 01670 PARALEGAL (EXEMPT) (UC)**623 623 - 5,245 5,508 5,787 6,076 6,380 6,702
SEIU 6 04860 PARK MAINTENANCE AIDE 466 473 2,097 2,201 2,311 2,427 2,548 2,676 2,810
SEIU 6 03610 PARK RANGER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005
SEIU 6 04320 PARK SERVICES INSPECTION SUPERVISOR 685 692 6,110 6,415 6,735 7,073 7,427 7,799 8,189
SEIU 6 04105 PARK SERVICES INSPECTOR I 593 600 3,896 4,091 4,296 4,511 4,741 4,978 5,226
SEIU 6 04106 PARK SERVICES INSPECTOR II 637 644 4,834 5,076 5,330 5,596 5,876 6,170 6,478
MID M-NS 04104 PARK SERVICES SUPERINTENDENT (MM)MM-18 MM-18 - - 8,937 - 10,889 - 13,265
POA-NS 03900pp PARKING CONTROL OFFICER 629 633 - - 4,579 4,810 5,051 5,304 5,569
SEIU 6 02890 PARKING METER OPERATIONS SUPERVISOR 651 658 5,176 5,434 5,706 5,992 6,291 6,606 6,937
SEIU 6 07160 PARKING METER TECHNICIAN I 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304
SEIU 6 00080k PARKING METER TECHNICIAN II 626 633 4,579 4,810 5,051 5,304 5,569 5,847 6,140
ADMIN MGMT-NS 07405 PAYROLL MANAGER (AM)**AM750 AM750 - - 9,755 10,243 10,756 11,295 11,858
UC 07400 PAYROLL SYSTEMS ANALYST (UC)**708 708 - 7,948 8,346 8,761 9,200 9,659 10,141
UC 07410k PAYROLL TECHNICIAN (UC)**622 622 - 5,221 5,480 5,759 6,046 6,349 6,666
SEIU 6 07200 PERMIT SERVICES PROCESSOR 612 619 4,278 4,493 4,718 4,954 5,201 5,461 5,734
SEIU 6 02590 PERMIT SERVICES SUPERVISOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809
SEIU 6 02580 PERMIT SERVICES TECHNICIAN 664 671 5,515 5,790 6,080 6,384 6,702 7,039 7,391
SEIU 6 00050 PLANNING ASSISTANT 654 661 5,252 5,515 5,790 6,080 6,384 6,702 7,039
SEIU 6 07320 PLANNING COMMISSION SECRETARY 635 642 4,787 5,026 5,278 5,542 5,818 6,110 6,415
MID M-NS 02500 PLANNING MANAGER (MM)MM-26 MM-26 - - 10,889 - 13,265 - 16,160
SEIU 6 02271 PLANS EXAMINER 726 733 7,463 7,837 8,229 8,641 9,073 9,529 10,005
PMA-NS 00181 POLICE ADMINISTRATIVE BUDGET MANAGER (RM)M824 M824 - 11,640 12,223 12,834 13,476 14,150 -
PMA-NS 00180 POLICE ADMINISTRATIVE MANAGER (RM)M801 M801 - 10,401 10,922 11,468 12,041 12,643 -
POA-NS 03600 POLICE ATHLETIC/ACTIVITIES LEAGUE ASSISTANT DIRECTOR 658 662 - - 5,278 5,542 5,818 6,110 6,415
PMA-SWORN 03360 POLICE CAPTAIN (RM)***M881 M881 - - 15,368 16,136 16,943 17,790 18,680
EXEC-SWORN 03390 POLICE CHIEF (EM)EM-40 EM-40 - - 17,581 - - - 23,245
PMA-NS 03370 POLICE COMMUNICATIONS MANAGER (RM)M786 M786 - 9,673 10,156 10,664 11,198 11,757 -
POA-NS 06180 POLICE COMMUNICATIONS SUPERVISOR 724 728 - - 7,283 7,647 8,029 8,431 8,853
POA-NS 00780 POLICE COMMUNITY SERVICES SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107
POA-NS 00799 POLICE EVIDENCE AND SUPPLY SPECIALIST 662 666 - - 5,382 5,650 5,934 6,230 6,542
POA-NS 00801 POLICE EVIDENCE AND SUPPLY SUPERVISOR 682 686 - - 5,934 6,230 6,542 6,869 7,211
SEIU 6 06290 POLICE FISCAL OFFICER 712 719 6,971 7,319 7,685 8,069 8,473 8,897 9,342
SEIU 6 06295 POLICE FISCAL SERVICES SUPERVISOR 681 688 5,992 6,291 6,606 6,937 7,283 7,647 8,029
POA-NS 00790tt POLICE INVESTIGATIVE SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107
PMA-SWORN 03350 POLICE LIEUTENANT (RM)***M847 M847 - - 13,027 13,678 14,362 15,080 15,834
POA-SWORN 03200j/dd/ee/rr/ss/tt POLICE OFFICER 735 739 - - 7,685 8,069 8,473 8,897 9,342
POA-NS 01100 POLICE PHOTO/VIDEO SPECIALIST 674 678 - - 5,706 5,992 6,291 6,606 6,937
POA-NS 00800 POLICE PROPERTY AND EVIDENCE SUPERVISOR 682 686 - - 5,934 6,230 6,542 6,869 7,211
SEIU 6 07220 POLICE RECORDS SPECIALIST 585 592 3,747 3,935 4,132 4,339 4,556 4,787 5,026
SEIU 6 07230 POLICE RECORDS SUPERVISOR 652 659 5,201 5,461 5,734 6,021 6,322 6,638 6,971
POA-NS 03870 POLICE RECRUIT 688 692 - - 6,110 6,415 6,735 7,073 7,427
POA-SWORN 03300dd/ee/tt POLICE SERGEANT 778 782 - - 9,482 9,955 10,453 10,976 11,525
POA-NS 03800 POLICE SERVICE OFFICER 659 663 - - 5,304 5,569 5,847 6,140 6,446
POA-NS 03680d POLICE SERVICES DISPATCHER 684 688 - - 5,992 6,291 6,606 6,937 7,283
Page 4 of 30
City Council 25 –13 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
PMA-NS 02931 POLICE SYSTEMS MANAGER (RM)M824 M824 - 11,640 12,223 12,834 13,476 14,150 -
SEIU 6 06475 POLICE SYSTEMS SUPPORT ANALYST 735 742 7,799 8,189 8,599 9,029 9,482 9,955 10,453
MID M-NS 02129 PRINCIPAL CIVIL ENGINEER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
ADMIN CAM-NS 01782 PRINCIPAL EMPLOYEE RELATIONS ANALYST (CAM)CAM-737 CAM-737 - - 9,154 9,610 10,092 10,597 11,128
ADMIN MGMT-NS 01519 PRINCIPAL HUMAN RESOURCES ANALYST (AM)**AM737 AM737 - - 9,154 9,610 10,092 10,597 11,128
SEIU 6 05115 PRINCIPAL LIBRARIAN 686 693 6,140 6,446 6,768 7,107 7,463 7,837 8,229
ADMIN MGMT-NS 00151 PRINCIPAL MANAGEMENT ANALYST (AM)**AM734 AM734 - - 9,023 9,473 9,947 10,446 10,968
ADMIN MGMT-NS 02471 PRINCIPAL PLANNER (AM)**AM760 AM760 - - 10,243 10,756 11,295 11,858 12,451
SEIU 6 02630 PRINCIPAL PROGRAMMER ANALYST 749 756 8,349 8,767 9,205 9,673 10,156 10,664 11,198
SEIU 6 01460 PROGRAMMER ANALYST 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205
ADMIN MGMT-NS 06145 PROJECT MANAGEMENT OFFICER (AM)**AM784 AM784 - - 11,521 12,097 12,702 13,338 14,005
SEIU 6 06140bb PROJECTS MANAGER 734 741 7,761 8,149 8,557 8,985 9,434 9,906 10,401
SEIU 6 07250 PROPERTY CONTROL SPECIALIST 613 620 4,296 4,511 4,741 4,978 5,226 5,488 5,762
ADMIN MGMT-NS 01800 PUBLIC AFFAIRS INFORMATION OFFICER (AM)AM743 AM743 - - 9,428 9,900 10,396 10,915 11,464
SEIU 6 04040 PUBLIC WORKS CREW LEADER 653 660 5,226 5,488 5,762 6,050 6,353 6,670 7,005
SEIU 6 04519 PUBLIC WORKS DISPATCHER 599 606 4,014 4,215 4,426 4,648 4,882 5,126 5,382
SEIU 6 04344 PUBLIC WORKS PROJECT MANAGER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
SEIU 6 04340bb PUBLIC WORKS PROJECTS SPECIALIST 696 703 6,446 6,768 7,107 7,463 7,837 8,229 8,641
SEIU 6 05030 PUBLIC WORKS SAFETY COORDINATOR 692 699 6,322 6,638 6,971 7,319 7,685 8,069 8,473
SEIU 6 01345 PURCHASING SPECIALIST 614 621 4,317 4,533 4,764 5,002 5,252 5,515 5,790
SEIU 6 01340 PURCHASING SUPERVISOR 723 730 7,355 7,723 8,109 8,515 8,941 9,388 9,857
POA-NS 03820 RANGEMASTER 659 663 - - 5,304 5,569 5,847 6,140 6,446
SEIU 6 00060 RECEPTIONIST 581 588 3,676 3,861 4,054 4,257 4,470 4,694 4,930
SEIU 6 07430 RECORDS SPECIALIST 608 615 4,194 4,404 4,624 4,858 5,101 5,356 5,623
SEIU 6 00460 RECREATION AND COMMUNITY EVENTS SUPERVISOR 699 706 6,542 6,869 7,211 7,571 7,951 8,349 8,767
MID M-NS 01945 RECREATION AND COMMUNITY SERVICES MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 01940 RECREATION AND COMMUNITY SERVICES SUPERVISOR 714 721 7,039 7,391 7,761 8,149 8,557 8,985 9,434
SEIU 6 05310 RECREATION LEADER 553 560 3,205 3,365 3,533 3,710 3,896 4,091 4,296
SEIU 6 05330 RECREATION PROGRAM COORDINATOR 633 640 4,741 4,978 5,226 5,488 5,762 6,050 6,353
SEIU 6 07260 REPROGRAPHIC EQUIPMENT OPERATOR 575 582 3,568 3,747 3,935 4,132 4,339 4,556 4,787
SEIU 6 02710 RESIDENTIAL CONSTRUCTION SPECIALIST 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761
SEIU 6 01090 REVENUE SUPERVISOR 670 677 5,678 5,963 6,260 6,574 6,903 7,247 7,609
SEIU 6 00118 RIGHT OF WAY COORDINATOR 596 603 3,954 4,152 4,360 4,579 4,810 5,051 5,304
UC 01756 RISK MANAGEMENT ANALYST (UC)**652 652 - 6,046 6,349 6,666 7,000 7,351 7,716
UC 01753 RISK MANAGEMENT ASSISTANT (UC)**571 571 - 4,068 4,271 4,486 4,710 4,945 5,194
ADMIN MGMT-NS 01751 RISK MANAGEMENT SUPERVISOR (AM)**AM723 AM723 - - 8,549 8,978 9,428 9,900 10,396
UC 01755 RISK MANAGEMENT TECHNICIAN (UC)**622 622 - 5,221 5,480 5,759 6,046 6,349 6,666
MID M-NS 01750 RISK MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 02200 SANITATION INSPECTOR I 624 631 4,533 4,764 5,002 5,252 5,515 5,790 6,080
SEIU 6 02210 SANITATION INSPECTOR II 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 07270 SECRETARY 612 619 4,278 4,493 4,718 4,954 5,201 5,461 5,734
ADMIN MGMT-NS 01071 SECRETARY TO THE CITY MANAGER (AM)**AM682 AM682 - - 7,000 7,351 7,716 8,102 8,509
SEIU 6 01055 SECURITY ELECTRONICS TECHNICIAN 688 695 6,200 6,510 6,835 7,176 7,535 7,913 8,309
SEIU 6 07490 SENIOR ACCOUNTANT 712 719 6,971 7,319 7,685 8,069 8,473 8,897 9,342
SEIU 6 07280k SENIOR ACCOUNTING ASSISTANT 629 636 4,648 4,882 5,126 5,382 5,650 5,934 6,230
SEIU 6 07016 SENIOR ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 629 636 4,648 4,882 5,126 5,382 5,650 5,934 6,230
MID M-NS 01630 SENIOR ASSISTANT CITY ATTORNEY (MM)MM-28 MM-28 - - 11,439 - 13,936 - 16,980
MID CMM-NS 01631 SENIOR ASSISTANT CITY ATTORNEY-EMPLOYEE RELATIONS (EXEMPT) (CMM)CMM-28 CMM-28 - - 11,439 - 13,936 - 16,980
ADMIN MGMT-NS 00494 SENIOR BUDGET ANALYST (AM)**AM707 AM707 - - 7,908 8,304 8,718 9,154 9,610
SEIU 6 02131m SENIOR CIVIL ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
SEIU 6 06431q SENIOR COMBINATION BUILDING INSPECTOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809
SEIU 6 07584 SENIOR COMMUNITY DEVELOPMENT ANALYST 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625
SEIU 6 07610 SENIOR COMMUNITY PLANNER 744 751 8,149 8,557 8,985 9,434 9,906 10,401 10,922
SEIU 6 02239u SENIOR CONSTRUCTION INSPECTOR 700 707 6,574 6,903 7,247 7,609 7,989 8,389 8,809
SEIU 6 07650 SENIOR CORRECTIONAL RECORDS SPECIALIST 602 609 4,074 4,278 4,493 4,718 4,954 5,201 5,461
SEIU 6 07290ff SENIOR DEPUTY CLERK OF THE COUNCIL 667 674 5,596 5,876 6,170 6,478 6,801 7,141 7,499
SEIU 6 02180q SENIOR ELECTRICAL SYSTEMS SPECIALIST (T)694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557
ADMIN CAM-NS 01783 SENIOR EMPLOYEE RELATIONS ANALYST (CAM)CAM-722 CAM-722 - - 8,509 8,935 9,380 9,850 10,345
SEIU 6 02111m SENIOR ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
Page 5 of 30
City Council 25 –14 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
ADMIN MGMT-NS 00482 SENIOR FINANCIAL ANALYST (AM)**AM717 AM717 - - 8,304 8,718 9,154 9,610 10,092
SEIU 6 00840 SENIOR FLEET SERVICES SUPERVISOR 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625
SEIU 6 02260 SENIOR GRADING SPECIALIST 695 702 6,415 6,735 7,073 7,427 7,799 8,189 8,599
SEIU 6 01860 SENIOR HOUSING SPECIALIST 681 688 5,992 6,291 6,606 6,937 7,283 7,647 8,029
ADMIN MGMT-NS 01541 SENIOR HUMAN RESOURCES ANALYST (AM)**AM722 AM722 - - 8,509 8,935 9,380 9,850 10,345
UC 07300 SENIOR HUMAN RESOURCES SPECIALIST (UC)**602 602 - 4,734 4,971 5,221 5,480 5,759 6,046
UC 00770 SENIOR HUMAN RESOURCES TECHNICIAN (UC)**642 642 - 5,759 6,046 6,349 6,666 7,000 7,351
SEIU 6 02040 SENIOR LAND SURVEYOR 795 802 10,453 10,976 11,525 12,102 12,707 13,342 14,009
UC 02790 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC)**697 697 - 7,530 7,908 8,304 8,718 9,154 9,610
UC 07310 SENIOR LEGAL SECRETARY (UC)**610 610 - 4,921 5,168 5,425 5,703 5,989 6,286
SEIU 6 05109k SENIOR LIBRARIAN 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571
SEIU 6 05075 SENIOR LIBRARY TECHNICIAN 616 623 4,360 4,579 4,810 5,051 5,304 5,569 5,847
ADMIN MGMT-NS 00152 SENIOR MANAGEMENT ANALYST (AM)**AM707 AM707 - - 7,908 8,304 8,718 9,154 9,610
UC 06360 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC)**697 697 - 7,530 7,908 8,304 8,718 9,154 9,610
SEIU 6 07330 SENIOR OFFICE ASSISTANT 592 599 3,880 4,074 4,278 4,493 4,718 4,954 5,201
SEIU 6 07360 SENIOR OFFICE SPECIALIST 567 574 3,432 3,604 3,784 3,974 4,173 4,382 4,601
UC 01675 SENIOR PARALEGAL (EXEMPT) (UC)**663 663 - 6,380 6,702 7,034 7,386 7,754 8,142
SEIU 6 06330 SENIOR PARK SERVICES INSPECTION SUPERVISOR 718 725 7,176 7,535 7,913 8,309 8,725 9,161 9,625
POA-NS 01270 SENIOR PARKING CONTROL OFFICER 649 653 - - 5,051 5,304 5,569 5,847 6,140
UC 07415 SENIOR PAYROLL TECHNICIAN (UC)**642 642 - 5,759 6,046 6,349 6,666 7,000 7,351
SEIU 6 00330m/n SENIOR PLAN CHECK ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
SEIU 6 02470 SENIOR PLANNER 750 757 8,389 8,809 9,250 9,721 10,207 10,717 11,254
SEIU 6 02430q SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC.694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557
SEIU 6 07370 SENIOR POLICE RECORDS SPECIALIST 612 619 4,278 4,493 4,718 4,954 5,201 5,461 5,734
SEIU 6 01470 SENIOR PROGRAMMER ANALYST 729 736 7,571 7,951 8,349 8,767 9,205 9,673 10,156
SEIU 6 02700 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 694 701 6,384 6,702 7,039 7,391 7,761 8,149 8,557
SEIU 6 00990k SENIOR SYSTEMS ADMINISTRATOR 702 709 6,638 6,971 7,319 7,685 8,069 8,473 8,897
SEIU 6 02151m SENIOR TRAFFIC ENGINEER 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
SEIU 6 01290m SENIOR TRANSPORTATION ANALYST 785 792 9,955 10,453 10,976 11,525 12,102 12,707 13,342
SEIU 6 07776 SENIOR WATER SERVICES SUPERVISOR 719 726 7,211 7,571 7,951 8,349 8,767 9,205 9,673
SEIU 6 06240 SENIOR WATER SYSTEMS OPERATOR 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989
SEIU 6 01310 STOCK CLERK 608 615 4,194 4,404 4,624 4,858 5,101 5,356 5,623
SEIU 6 01320 STOREKEEPER 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670
SEIU 6 01315 STORES AND CITY YARD PROPERTY SPECIALIST 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670
SEIU 6 00115 STORMWATER COORDINATOR 705 712 6,735 7,073 7,427 7,799 8,189 8,599 9,029
MID M-NS 02925 STRATEGIC COMMUNICATIONS MANAGER (MM)MM-19 MM-19 - - 9,159 - 11,160 - 13,595
SEIU 6 04280 STREET LIGHTING MAINTENANCE WORKER 649 656 5,126 5,382 5,650 5,934 6,230 6,542 6,869
SEIU 6 04360 STREET MAINTENANCE SUPERVISOR 685 692 6,110 6,415 6,735 7,073 7,427 7,799 8,189
SEIU 6 04160 STREET PAINTER 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170
SEIU 6 07500 SUPERVISING ACCOUNTANT 734 741 7,761 8,149 8,557 8,985 9,434 9,906 10,401
SEIU 6 00269 SUPERVISING BUYER 708 715 6,835 7,176 7,535 7,913 8,309 8,725 9,161
SEIU 6 05055 SUPERVISING LIBRARY SERVICES ASSISTANT 597 604 3,974 4,173 4,382 4,601 4,834 5,076 5,330
SEIU 6 07470 SUPERVISING PARK RANGER 678 685 5,905 6,200 6,510 6,835 7,176 7,535 7,913
ADMIN MGMT-NS 02371 SUPERVISOR OF INSPECTIONS (AM)**AM745 AM745 - - 9,518 9,997 10,496 11,022 11,580
SEIU 6 02070 SURVEY PARTY CHIEF 707 714 6,801 7,141 7,499 7,875 8,269 8,683 9,117
SEIU 6 02050 SURVEY PARTY TECHNICIAN I 643 650 4,978 5,226 5,488 5,762 6,050 6,353 6,670
SEIU 6 02060 SURVEY PARTY TECHNICIAN II 674 681 5,790 6,080 6,384 6,702 7,039 7,391 7,761
SEIU 6 00120 SYSTEMS ADMINISTRATOR 670 677 5,678 5,963 6,260 6,574 6,903 7,247 7,609
SEIU 6 06470 SYSTEMS SUPPORT ANALYST 729 736 7,571 7,951 8,349 8,767 9,205 9,673 10,156
SEIU 6 01060 SYSTEMS TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678
SEIU 6 00710 TELECOMMUNICATIONS COORDINATOR 711 718 6,937 7,283 7,647 8,029 8,431 8,853 9,296
SEIU 6 07140 TELECOMMUNICATIONS CUSTOMER SERVICE REP.623 630 4,511 4,741 4,978 5,226 5,488 5,762 6,050
POA-NS 00860 TRAFFIC SERVICES SPECIALIST 679 683 - - 5,847 6,140 6,446 6,768 7,107
UC 01280 TRAINING COORDINATOR (UC)**707 707 - 7,908 8,304 8,718 9,154 9,610 10,092
MID M-NS 00200 TRANSIT PROGRAM MANAGER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
Page 6 of 30
City Council 25 –15 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Regular Classes
and Assignment of Classes to Salary Rate Ranges
for Fiscal Year 2021-2022
Effective Effective MONTHLY SALARY RATE RANGES
UNIT JOB 1/1/2021 7/1/2021 AAA AA A B C D E
CODE CODE JOB TITLE RANGE NO.RANGE NO.
MID M-NS 01080 TRANSPORTATION MANAGER (MM)MM-25 MM-25 - - 10,622 - 12,943 - 15,769
MID M-NS 01170 TREASURY AND CUSTOMER SERVICES MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 07020 TREASURY SERVICES SUPERVISOR 668 675 5,623 5,905 6,200 6,510 6,835 7,176 7,535
SEIU 6 04330bb TREE MAINTENANCE SUPERVISOR 684 691 6,080 6,384 6,702 7,039 7,391 7,761 8,149
SEIU 6 04170bb TREE TRIMMER 627 634 4,601 4,834 5,076 5,330 5,596 5,876 6,170
SEIU 6 01215 UTILITIES BILLING/SYSTEMS TECHNICIAN 622 629 4,493 4,718 4,954 5,201 5,461 5,734 6,021
SEIU 6 01219 UTILITIES CUSTOMER SERVICE SUPERVISOR 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211
SEIU 6 06320 VIDEO TECHNICIAN 671 678 5,706 5,992 6,291 6,606 6,937 7,283 7,647
SEIU 6 07750 WATER SERVICES CREW LEADER 659 666 5,382 5,650 5,934 6,230 6,542 6,869 7,211
SEIU 6 07755 WATER SERVICES METER REPAIRER I 618 625 4,404 4,624 4,858 5,101 5,356 5,623 5,905
SEIU 6 07756 WATER SERVICES METER REPAIRER II 637 644 4,834 5,076 5,330 5,596 5,876 6,170 6,478
SEIU 6 07795 WATER SERVICES PRODUCTION SUPERVISOR 689 696 6,230 6,542 6,869 7,211 7,571 7,951 8,349
SEIU 6 07760 WATER SERVICES QUALITY COORDINATOR 710 717 6,903 7,247 7,609 7,989 8,389 8,809 9,250
SEIU 6 07765 WATER SERVICES QUALITY INSPECTOR 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571
SEIU 6 07770 WATER SERVICES QUALITY SUPERVISOR 693 700 6,353 6,670 7,005 7,355 7,723 8,109 8,515
SEIU 6 07775 WATER SERVICES SUPERVISOR 693 700 6,353 6,670 7,005 7,355 7,723 8,109 8,515
SEIU 6 07780 WATER SERVICES UTILITY INSPECTOR 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571
SEIU 6 07785 WATER SERVICES WORKER I 593 600 3,896 4,091 4,296 4,511 4,741 4,978 5,226
SEIU 6 07790 WATER SERVICES WORKER II 618 625 4,404 4,624 4,858 5,101 5,356 5,623 5,905
SEIU 6 04540 WATER SYSTEMS ELECTRICIAN 680 687 5,963 6,260 6,574 6,903 7,247 7,609 7,989
SEIU 6 00880 WATER SYSTEMS OPERATOR I 621 628 4,470 4,694 4,930 5,176 5,434 5,706 5,992
SEIU 6 00920 WATER SYSTEMS OPERATOR II 641 648 4,930 5,176 5,434 5,706 5,992 6,291 6,606
SEIU 6 04530 WATER SYSTEMS OPERATOR III 655 662 5,278 5,542 5,818 6,110 6,415 6,735 7,073
SEIU 6 01006 WEB SYSTEMS TECHNICIAN 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678
SEIU 6 01005 WEBSITE ENTRY SPECIALIST 583 590 3,710 3,896 4,091 4,296 4,511 4,741 4,978
SEIU 6 02390 WORK CENTER COORDINATOR 754 761 8,557 8,985 9,434 9,906 10,401 10,922 11,468
SEIU 6 08371 WORKFORCE SPECIALIST I 610 617 4,236 4,448 4,671 4,906 5,151 5,408 5,678
SEIU 6 08372k WORKFORCE SPECIALIST II 634 641 4,764 5,002 5,252 5,515 5,790 6,080 6,384
SEIU 6 08373k WORKFORCE SPECIALIST III 654 661 5,252 5,515 5,790 6,080 6,384 6,702 7,039
SEIU 6 08374 WORKFORCE SPECIALIST IV 709 716 6,869 7,211 7,571 7,951 8,349 8,767 9,205
SEIU 6 05313 YOUTH SERVICES TECHNICIAN 603 610 4,091 4,296 4,511 4,741 4,978 5,226 5,488
SEIU 6 05430 ZOO CURATOR 665 672 5,542 5,818 6,110 6,415 6,735 7,073 7,427
SEIU 6 05450 ZOO CURATOR OF EDUCATION 669 676 5,650 5,934 6,230 6,542 6,869 7,211 7,571
SEIU 6 05451 ZOO CURATOR OF HEALTH 662 669 5,461 5,734 6,021 6,322 6,638 6,971 7,319
SEIU 6 00930 ZOO EDUCATION SPECIALIST 620 627 4,448 4,671 4,906 5,151 5,408 5,678 5,963
SEIU 6 05420 ZOO KEEPER I 585 592 3,747 3,935 4,132 4,339 4,556 4,787 5,026
SEIU 6 05410 ZOO KEEPER II 615 622 4,339 4,556 4,787 5,026 5,278 5,542 5,818
MID M-NS 05480 ZOO MANAGER (MM)MM-22 MM-22 - - 9,865 - 12,018 - 14,642
SEIU 6 05485 ZOO OPERATIONS COORDINATOR 639 646 4,882 5,126 5,382 5,650 5,934 6,230 6,542
**AM and CASA Rate Ranges Frozen as of 10/1/2014 and No Longer Reflected on the Current Salary Schedule Matrix.
*Per Contract.
NOTES:
Page 7 of 30
City Council 25 –16 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Salaries and Wages for
Various Part-time Categories
for Fiscal Year 2021-2022
CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF NON-CIVIL SERVICE PART-TIME EMPLOYMENT
UNIT CODE JOB CODE JOB TITLE (REPRESENTED PART-TIME)POS. NO.STEP AA STEP A STEP B STEP C STEP D STEP E
SEIU PT 09041 ACCOUNT CLERK I 2936 19.50 20.45 21.47 22.55 23.67
SEIU PT 09042 ACCOUNT CLERK II 2977 21.57 22.64 23.80 24.96 26.21
SEIU PT 09770 ADMINISTRATIVE AIDE 2917 24.72 25.96 27.25 28.62 30.05
SEIU PT 09000 ANIMAL KEEPER 2761 15.53 16.31 17.13 17.99 18.89
SEIU PT 09215 BUILDING MAINTENANCE ASSISTANT 21.25 22.30 23.42 24.62 25.81
SEIU PT 09040 CASHIER 2724 15.10 15.86 16.65 17.48 18.35
SEIU PT 09060 CLERICAL AIDE 2763 15.40 16.18 16.95 17.80 18.69
SEIU PT 09090 CLERK TYPIST 2765 20.20 21.21 22.27 23.38 24.55
SEIU PT 09800 COMBINATION INSPECTOR 3097 30.20 31.69 33.30 34.95 36.72
SEIU PT 09100 COMMUNITY CENTER AIDE 2766 20.19 21.20 22.26 23.37 24.54
SEIU PT 09690 COMPUTER TECHNICIAN 2859 19.65 20.63 21.67 22.76 23.91
SEIU PT 09780 CUSTOMER SERVICE CLERK 2913 20.25 21.25 22.31 23.43 24.62
SEIU PT 09120 DATA ENTRY CLERK 2768 16.79 17.64 18.55 19.46 20.44
SEIU PT 09471 ENGINEERING APPRENTICE 20.77 21.81 22.90 24.05 25.25
SEIU PT 09140 EQUIP. SVC. ATTENDANT 2769 18.90 19.82 20.85 21.85 22.97
SEIU PT 09755 INFORMATION DESK CLERK 3456 16.95 17.80 18.69 19.62 20.60
SEIU PT 09170 JANITOR 2771 15.49 16.26 17.07 17.92 18.84
SEIU PT 09190 LIBRARY ASSISTANT 2772 18.96 19.91 20.90 21.96 23.07
SEIU PT 09271 LIBRARY ASSOCIATE 18.96 19.91 20.90 21.96 23.07
SEIU PT 09200 LIBRARY CLERK I 2773 15.80 16.57 17.41 18.30 19.19
SEIU PT 09210 LIBRARY CLERK II 2732 17.50 18.37 19.27 20.25 21.25
SEIU PT 09230 MAINTENANCE ATTENDANT 2734 15.00 15.75 16.28 17.09 17.94
SEIU PT 09280 MOBILE LIBRARY CLERK 2774 19.25 20.25 21.23 22.30 23.42
SEIU PT 09775 MUNICIPAL UTILITY READER/COLL.3027 19.37 20.34 21.34 22.42 23.54
SEIU PT 09290 PAGE 2775 15.00 15.75 16.28 17.09 17.94
SEIU PT 09300 PARK MAINTENANCE ASST.2776 16.41 17.24 18.11 19.02 19.98
SEIU PT 03615 PARK RANGER (PART TIME)2806 27.24 28.61 30.03 31.55 33.14
SEIU PT 09505 PERMIT PARKING AIDE 2989 20.90 21.95 23.07 24.20 25.41
SEIU PT 09135 PLANNING TECHNICIAN 3059 24.84 26.07 27.38 28.75 30.20
SEIU PT 09330 POLICE RECORDS CLERK 2778 18.36 19.25 20.25 21.23 22.30
SEIU PT 09340 POLICE SUPPLY CLERK 2738 18.41 19.33 20.30 21.32 22.39
SEIU PT 08160 PROGRAM COORDINATOR 2739 18.31 19.23 20.19 21.20 22.26
SEIU PT 09360 PROGRAM LEADER 2780 15.07 15.82 16.61 17.44 18.31
SEIU PT 09720 PURCHASING CLERK 2760 19.42 20.39 21.43 22.49 23.60
SEIU PT 09395 RECREATION FACILITY ATTENDANT 3579 16.41 17.24 18.11 19.02 19.98
SEIU PT 09900 RIGHT OF WAY TECHNICIAN 3096 15.62 16.41 17.26 18.10 18.98
SEIU PT 09070 SENIOR CLERICAL AIDE 2782 16.95 17.80 18.69 19.62 20.60
SEIU PT 09270 SENIOR LIBRARY ASSOCIATE 20.13 21.13 22.17 23.30 24.46
SEIU PT 09400 SENIOR PROGRAM LEADER 2783 15.82 16.61 17.44 18.31 19.23
SEIU PT 09430 SPECIAL EVENTS LEADER I 2746 15.44 16.21 17.02 17.87 18.76
SEIU PT 09440 SPECIAL EVENTS LEADER II 2747 18.84 19.78 20.77 21.81 22.90
SEIU PT 08170 SR. LIBRARY ASSISTANT 2750 20.13 21.13 22.17 23.30 24.46
SEIU PT 09250 SR. MAINTENANCE AIDE 2752 15.12 15.87 16.66 17.50 18.38
SEIU PT 09260 SR. MAINTENANCE WORKER 2753 18.38 19.30 20.27 21.28 22.34
SEIU PT 08370 SR. SPECIAL EMP. COUNSELOR 2754 15.62 16.41 17.26 18.10 18.98
SEIU PT 08410 SR. TUTOR 2755 18.08 18.98 19.93 20.88 21.92
SEIU PT 09460 STORES AIDE 2784 18.03 18.94 19.86 20.87 21.89
Page 8 of 30
City Council 25 –17 11/16/2021
CITY OF SANTA ANA
Consolidated Alphabetical List of Salaries and Wages for
Various Part-time Categories
for Fiscal Year 2021-2022
SEIU PT 08420 TUTOR 2757 15.62 16.40 17.22 18.08 18.98
SEIU PT 09960 WATER CONSERVATION REPRESENTATIVE 15.95 16.74 17.57 18.45 19.41
CLASS TITLES AND WAGE RATES FOR SEASONAL AND OTHER UNAFFILIATED CATEGORIES OF NON-CIVIL SERVICE PART-TIME
UNIT CODE JOB CODE JOB TITLE (UNAFFILIATED PART-TIME)POS. NO.STEP AA STEP A STEP B STEP C STEP D STEP E
SEASONAL PT 08000 ADMINISTRATIVE INTERN 2722 - 16.28 17.09 - - -
SEASONAL PT 08995 ANIMAL CONTROL OFFICER 3148 - 23.96 25.16 26.42 27.75 29.13
SEASONAL PT 09315 BACKGROUND INVESTIGATOR 3071 - 28.45 29.87 31.38 32.94 34.60
SEASONAL PT 09790 BUDGET INTERN 3241 - 17.94 18.84 - - -
SEASONAL PT 09316 COLD CASE INVESTIGATOR 3108 - 28.45 29.87 31.38 32.94 34.60
SEASONAL PT 00360 CORRECTIONAL SERVICES OFFICER 3257 - 20.01 21.01 22.06 23.19 24.32
SEASONAL PT 09130 ENGINEERING INTERN - 17.94 18.84 - - -
SEASONAL PT 07605 FINGERPRINT EXAMINER 3111 - 29.88 31.39 32.94 34.59 36.32
SEASONAL PT 08500 FORENSIC BALLISTICS TECHNICIAN 3085 - 24.56 25.80 27.09 28.45 29.87
SEASONAL PT 07071 HUMAN RESOURCES CLERICAL AIDE - 15.40 16.18 16.95 17.80 18.69
SEASONAL PT 09345 JAIL TRANSPORTATION OFFICER - 25.80 27.09 28.45 29.87 31.38
SEASONAL PT 08610 LAW CLERK 2729 - 15.10 15.84 16.63 17.49 18.35
SEASONAL PT 08080 MANAGEMENT INTERN 2759 - 20.77 21.81 - - -
SEASONAL PT 08130 POLICE CADET 2736 - 15.10 15.86 16.65 17.48 18.35
SEASONAL PT 08135 POLICE RESERVE LEVEL 1 3187 - 29.16 - - - -
SEASONAL PT 08136 POLICE RESERVE LEVEL 2 3186 - 20.83 - - - -
SEASONAL PT 08137 POLICE RESERVE LEVEL 3 3188 - 16.66 - - - -
SEASONAL PT 08100 SR. ADMINISTRATIVE INTERN 2749 - 17.94 18.84 - - -
SEASONAL PT 08600 STUDENT INTERN 2756 - 15.00 15.75 - - -
CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF SANTA ANA MANAGEMENT ASSOCIATION (SAMA) CIVIL SERVICE PART-TIME EMPLOYMENT
UNIT CODE JOB CODE JOB TITLE (SAMA PART-TIME CIVIL SERVICE)POS. NO.STEP AA STEP A STEP B STEP C STEP D STEP E
SAMA-AM-PTCS 01541 SR HUMAN RESOURCES ANALYST 722 AM-NSWN 47.43 49.81 52.29 54.91 57.66
CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) CIVIL SERVICE PART-TIME EMPLOYMENT
UNIT CODE JOB CODE JOB TITLE (CASA PART-TIME CIVIL SERVICE)POS. NO.STEP AA STEP A STEP B STEP C STEP D STEP E
CASA-PTCS 01250 HUMAN RESOURCES TECHNICIAN (UC)622 UC 29.10 30.55 32.10 33.70 35.39 37.16
CLASS TITLES AND WAGE RATES FOR REPRESENTED CATEGORIES OF SEIU LOCAL 721 - CITY OF SANTA ANA PART-TIME CIVIL SERVICE UNIT EMPLOYMENT
UNIT CODE JOB CODE JOB TITLE (SEIU PART-TIME CIVIL SERVICE)POS. NO.STEP AA STEP A STEP B STEP C STEP D STEP E
SEIU PTCS 00270 ASSISTANT BUYER 621 28.03 29.43 30.90 32.44 34.07 35.77
SEIU PTCS 07180 OFFICE ASSISTANT 553 20.10 21.10 22.16 23.27 24.44 25.66
SEIU PTCS 04860 PARK MAINTENANCE AIDE 452 12.28 12.89 13.53 14.21 14.93 15.68
SEIU PTCS 00050 PLANNING ASSISTANT 640 30.75 32.29 33.90 35.60 37.37 39.24
SEIU PTCS 07270 SECRETARY 598 25.03 26.29 27.62 29.00 30.45 31.97
SEIU PTCS 07584 SENIOR COMMUNITY DEVELOPMENT ANALYST 704 42.02 44.12 46.32 48.64 51.08 53.63
Page 9 of 30
City Council 25 –18 11/16/2021
DEFINE SALARY RATE RANGES AND STEP ADVANCEMENT:
The City's basic salary and wage schedule provides for a number of ranges of pay rates (salary rate ranges), each
comprised of pay steps or rates. The steps are identified by the letters ‘AAA’ to ‘E’ inclusive. Not all salary rate ranges
are comprised of seven steps or letters (e.g., SAMA has 17 steps, identified by numbers).
For employees, the purpose of each step and the length of service required for advancement within the rate range are
summarized as follows:
For non-management employees, represented by SEIU (Primary Salary Matrix, Exhibit A):
AAA Step Normal beginning pay rate.
AA Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate.
A Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
D Step Automatic Increase - After 12 months' service in next lower step. Also maximum hiring rate.
E Step Merit Rate - After 12 months' service in next lower step.
For part-time civil service employees, represented by SEIU (Primary Salary Matrix, Exhibit A):
AA Step Normal beginning pay rate.
A Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
B Step Automatic Increase – After 2,080 hours’ service in next lower step. Also optional hiring rate.
C Step Automatic Increase – After 2,080 hours’ service in next lower step. Also optional hiring rate.
D Step Automatic Increase – After 2,080 hours’ service in next lower step. Also optional hiring rate.
E Step Automatic Increase – After 3,120 hours’ service in next lower step. Also maximum hiring rate.
For non-management employees, represented by POA Sworn/non-Sworn (Primary Salary Matrix, Exhibit A):
A Step Normal beginning pay rate.
B Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate.
C Step Automatic Increase - After 12 months' service in next lower step.
D Step Automatic Increase - After 12 months' service in next lower step.
E Step Merit Rate - After 12 months' service in next lower step.
For non-sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A):
Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service.
AA Step Normal beginning pay rate.
A Step Merit Rate - After 6 months' service in next lower step. Also optional hiring rate.
B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
C Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate.
D Step Merit Rate - After 12 months' service in next lower step.
For sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A):
Advancement in the PMA salary rate ranges is granted only for continued meritorious performance of service.
A Step Normal beginning pay rate.
B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate.
E Step Merit Rate - After 12 months' service in next lower step.
For non-sworn and sworn management employees, represented by PMA Annual Performance Based Bonus Pay:
Performance rated as Significantly Exceeds Expectations (‘5’), one-time bonus payment of five percent (5%).
Performance rated as Exceeds Expectations (‘4’), one-time bonus payment of five percent (2.5%).
Performance rated as Meets Expectations (‘3’), ineligible for a bonus payment.
Performance rated as Meets Expectations (‘2’), ineligible for a bonus payment.
Performance rated as Meets Expectations (‘1’), ineligible for a bonus payment.
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City Council 25 –19 11162021
For unrepresented confidential employees, represented by CASA (Off the Matrix):
AA Step Normal beginning pay rate.
A Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate.
B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
D Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
E Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
For unrepresented confidential employees, non-represented (Off the Matrix):
AA Step Normal beginning pay rate.
A Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate.
B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
D Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate.
E Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
For administrative-management employees (AM), represented by SAMA (Off the Matrix):
Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service.
A Step Normal beginning pay rate.
B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate.
E Step Merit Rate - After 12 months' service in next lower step.
For confidential administrative-management employees (CAM), non-represented (Off the Matrix):
Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service.
A Step Normal beginning pay rate.
B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate.
D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate.
E Step Merit Rate - After 12 months' service in next lower step.
For middle-management employees (MM), represented by SAMA (MM Matrix, Exhibit B):
Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service.
SAMA middle-management classifications merit rate ranges are from step “1” through “17”
SAMA middle-management optimal hiring rate states are from step “1” through “6”
SAMA middle-management maximum hiring range is step “9”
SAMA step advancement from “1” through “15” are advanced in two-step increments in an annual basis.
SAMA step advancement from “16” through “17” are advanced in one-step increments in an annual basis.
For confidential middle-management employees (CMM), non-represented (MM Matrix, Exhibit C):
Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service.
SAMA middle-management classifications merit rate ranges are from step “1” through “17”
SAMA middle-management optimal hiring rate states are from step “1” through “6”
SAMA middle-management maximum hiring range is step “9”
SAMA step advancement from “1” through “15” are advanced in two-step increments in an annual basis.
SAMA step advancement from “16” through “17” are advanced in one-step increments in an annual basis.
For Executive Management employees (EM), represented by Executive Management (Off the Matrix):
EM classifications compensation plan is performance salary-based ranges.
EM-10 Monthly Salary Range $12,444 - $14,311
EM-20 Monthly Salary Range $14,075 - $18,315
EM-30 Monthly Salary Range $15,537 - $20,218
EM-40 Monthly Salary Range $17,581 - $23,245
EM Performance rated as Extremely Meritorious Performance, one-time bonus payment not to exceed seven
and one-half percent (7.5%) in total and at the discretion of the City Manager.
Page 11 of 30
City Council 25 –20 11162021
For part-time employees, represented by SEIU (Off the Matrix):
A Step Normal beginning pay rate.
B Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
C Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
D Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
E Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
For part-time employees, non-represented (Off the Matrix):
A Step Normal beginning pay rate.
B Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
C Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
D Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
E Step Automatic Increase – After 1,040 hours’ service in next lower step. Also optional hiring rate.
In the primary salary schedule matrix (Exhibit A), each salary range is identified by a three-digit number. The first two
digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies
the appropriate column. This three-digit range number locates the starting step ("AAA, AA" or "A") of the range
depending on whether the class has been assigned 5, 6 or 7 steps and the subsequent steps ("AA, A," "B," "C," "D"
and "E") are found in the column directly below the starting step.
For example, "AAA" step of Range No. 501 is found to be $2402 by moving down the left column (Range No.) to the
number 50 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The
"AAA" step of $2402 has the remaining steps shown directly below; thus the full, seven-step range is 2402-2523-2650-
2782-2921-3067-3221. In the same manner, Range No. 555 is found to be 3129-3285-3449-3622-3803-3994-4194.
Page 12 of 30
City Council 25 –21 11162021
SPECIAL COMPENSATION PROVISIONS:
Lower case letters appearing next to certain occupational code numbers in the above listing refer to special
compensation provisions, shown below, that may be applicable to certain incumbents of the classes of employment so
identified.
Note: SEIU MOU Article V Section 1B Limitation on Assignment Pay Differentials
Employees hired after August 31, 2010 or hired before August 31, 2010, who did not receive assignment pay under
section 5.1 of this article prior to June 30, 2013, shall not be eligible to receive it.
SEIU MOU Article V section 10 Limitation on Career Development Incentive Pay
With the exception of employee classifications listed below*, employees covered by this MOU and already receiving
career development incentive pay under section 5.10 prior to June 30, 2012 and who continue to meet the qualifications
described in the applicable career development incentive pay provisions of section 5.8 shall continue to receive said
pay under the current career development incentive pay formulas. Employees who have not received career
development pay prior to June 30, 2012 shall not be eligible to receive it.
The employee classifications listed below* covered by this MOU and already receiving career development incentive
pay under section 5.9 prior to June 30, 2013 and who continue to meet the qualifications described in the applicable
career development incentive pay provisions of section 5.9 shall continue to receive said pay under the current career
development incentive pay formulas. Employees in the classifications listed below who have not received career
development pay prior to June 30, 2013 will not thereafter be eligible to receive it.
*Associate Engineer, Senior Civil Engineer, Senior Engineer, Senior Traffic Engineer.
(a) (Reserved)
(b) Incumbents in the classifications of Fleet Services Technician I, II and III who possess nationally
recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE
Alternative Fuel, will be paid an assignment pay differential at a rate set five (5) salary rate ranges
(approximately 2.5%) for said certification above their then current base monthly salary step. The
restrictions set forth in Section 5.1.B do not apply to this provision. (SEIU MOU Article V Section 1C)
(c) (Reserved)
(d) An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned
to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police
Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above
his or her then current base monthly salary step. (POA MOU Article V Section 1A)
(e) Incumbents in the classifications of Fleet Services Technician I, II, III, and Fleet Services Supervisor,
who maintain a valid State of California Commercial Driver’s License and are assigned to an area that
requires the possession of either a Class “A” or Class “B” license in the course and scope of their work
shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current
base monthly salary step. (SEIU MOU Article V Section 1.C.3)
(f) (Reserved)
(g) (Reserved)
(h) Incumbents in the classifications of: Code Enforcement Associate, Code Enforcement Officer, Code
Enforcement Supervisor who obtain or possess a valid certificate in any of four Career Development
Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2.5%) for each
certificates not to exceed five (5) certificates or a total of twenty-five salary rate ranges (approximately
12.5%). If an incumbent has obtained four (4) certificates from list, he or she than shall be eligible to
earn an additional five (5) salary rate ranges (approximately 2.5%) pay additive upon completion of
both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications. (SEIU MOU
Article V Section 9D)
(i) (Reserved)
Page 13 of 30
City Council 25 –22 11162021
(j) Incumbents in the class of Police Officer who are continuously and regularly assigned to and actually
performing duties of a Corporal will be paid at a rate set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step. If a Corporal is assigned to lead a work
unit without a Sergeant, he or she will be paid an additional five (5) salary rate ranges (approximately
2.5%) above his or her base monthly salary step for such assignment. At the present time, Directed
Patrols and Civic Center Patrol units are examples of such assignments. (POA MOU Article V Section
1C)
(k) Incumbents regularly and continuously assigned to lead a functional unit which includes two (2) or
more positions in the same or lower classifications as the incumbent may be compensated at a rate
set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary
step. (SEIU MOU Article V Section 2), and/or (Council Resolution No. 82-110 Section 3.1, as amended
by Resolution No. 91-103), and/or (Resolution No. 99-023) and (POA MOU Article V Section 1N)
(l) (Reserved)
(m) Incumbents in the classifications of Assistant Engineer, Associate Engineer, Civil Engineer, Senior
Civil Engineer, Senior Engineer, Senior Traffic Engineer, Assistant Plan Check Engineer, Associate
Plan Check Engineer, Senior Plan Check Engineer, or Senior Transportation Analyst will be eligible
for career incentive pay for any certificates approved for their classification at a rate set of ten (10)
salary rate ranges (approximately 5%) above his or her then current base monthly salary step for valid
registration(s) as a Registered Engineer by the State of California or as a Structural Engineer by the
State of California (a total of twenty (20) salary rate ranges (approximately 10% for both). Additionally,
said incumbents who possess a valid certificate issued by the ICBO (or similar nationally recognized
certificating organization) in the areas of accessibility/usability (one specialty area), residential energy
plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate
set above his or her then current base monthly salary step in accordance with the following schedule:
One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional
certificate from a second specialty area (total of two): ten (10) salary rate ranges (approximately 5%);
an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges
(approximately 7.5%). (SEIU MOU Article V Section 9.A) and/or (as amended by Resolution No. 97-
028)
In no event shall the application of this Career Development Incentive Program result in an individual
being eligible to earn more than twenty (25) salary rate ranges (approximately 12.5%) above his or
her current monthly base salary step. (SEIU MOU Article V Section 9)
(n) An incumbent who was employed as of August 16, 1991 in the classification of Assistant Plan Check
Engineer, Associate Plan Check Engineer, Senior Plan Check Engineer and who as of December 31,
1987 had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid
at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary
step. However effective January 1, 1988 said ten (10) range differential shall be reduced to five (5 )
salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or
her initial certificate on or after January 1, 1988. (SEIU MOU Article V Section 9B)
(o) (Reserved)
(p) (Reserved)
(q) An incumbent in one of the classifications of: Combination Building Inspector, Senior Combination
Building Inspector, Building Technician, or Senior Plumbing/Mechanical Systems Specialist who
possess a valid certificate issued by the ICBO (or similar nationally recognized certificating
organization) in relevant areas (see MOU for full details) shall be paid an incentive pay differential at
a rate set above his or her then current base monthly salary step as follows: One certificate from one
specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second
specialty area (total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate
from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an
additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges
(approximately 10%); an additional certificate from the fifth specialty area (total of five): twenty-five
(25) salary rate ranges (approximately 12.5%). (SEIU MOU Article V Section 9C)
(r) (Reserved)
Page 14 of 30
City Council 25 –23 11/16/2021
(s) An incumbent in the classification of Maintenance Worker II (assigned to the tree crew) who possesses
a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker
shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current
base monthly salary step. (SEIU MOU Article V Section 9H)
(t) (Reserved)
(u) An incumbent in the classification of Construction Inspector or Senior Construction Inspector who
possess a valid certificate issued by the ICBO (or similar nationally recognized certificating
organization) in the areas of reinforced concrete, structural masonry, structural steel/welding, electrical
inspection, plumbing inspection, plans examiner, or C27 landscape contractors license, shall be paid
an incentive pay differential at a rate set above his or her then current base monthly salary step as
follows: One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an
additional certificate from a second specialty area (total of two): ten (10) salary rate ranges
(approximately 5%);an additional certificate from a third specialty area (total of three): fifteen (15)
salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of
four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth
specialty area (total of five) twenty-five (25) salary rate ranges (approximately12.5%). (SEIU MOU
Article V Section 9E)
(v) (Reserved)
(w) An incumbent in the classification of Contracts Administrator who possess a valid certificate issued by
the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing
inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass
management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above
his or her then current base monthly salary step as follows: One certificate from one specialty area:
five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area
(total of two): ten (10) salary rate ranges (approximately 5%); an additional certificate from a third
specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional
certificate from a fourth specialty area (total of four) twenty (20) salary rate ranges (approximately
10%); and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary
rate ranges (approximately 12.5%). (SEIU MOU Article V Section 9F)
(x) (Reserved)
(y) Incumbents in the class of Forensic Specialist I, who are regularly and continuously assigned to and
actually performing duties in a "lead” supervisory capacity over a primary functional unit of Forensic
Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%)
above their then current base monthly salary step. (POA MOU Article V Section 1B)
(z) (Reserved)
(aa) (Reserved)
(bb) Incumbents in one of the classifications of Projects Manager, Tree Maintenance Supervisor, Tree
Trimmer, Maintenance Worker II (assigned to the tree crew), or Public Works Projects Specialist who
possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified
arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.5%) above his or her
then current base monthly salary step. (SEIU MOU Article V Section 9G)
(cc) (Reserved)
(dd) An employee who is continuously and regularly assigned as a Training Officer working in either Field
Operations, the Detention facility, or as a Forensic Specialist II will be paid at a rate set five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU
Article V Section 1F as amended by Ninth Side Letter Amendment to the Memorandum of
Understanding Between the City of Santa Ana and the Santa Ana POA)
(ee) An employee who is continuously and regularly assigned to and actually performing duties of an
Internal Affairs Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above
his or her then current base monthly salary step. (POA MOU Article V Section 1G)
(ff)
Page 15 of 30
City Council 25 –24 11162021
(ff) The incumbent of the classification Senior Deputy Clerk of the Council designated by Resolution 91-
073 as third in command in the Clerk of the Council’s office with full signature authority for the Clerk in
the clerk and Assistant Clerk’s absence, will be paid an additional ten salary rate ranges
(approximately 5%) above the current base monthly salary step to which he or she would otherwise
be entitled. (Council Resolution No.82-110 Section 3.1[ff], as amended by Resolution No. 91-103)
(gg) The incumbent in the class of Accountant II who, at the discretion of the appointing authority, is
regularly and continuously assigned electronic data processing (EDP) systems coordination
responsibilities, will be paid an additional ten salary rate ranges (approximately 5%) above the current
base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No.82-
110 Section 3.1[gg], as amended by Resolution No. 92-034)
(hh) An incumbent in the class of Equipment Operator who, at the discretion of the appointing authority, is
regularly and continuously assigned, on a full-time basis, to operate a Motor Grader, will be paid an
additional ten salary rate ranges (five percent) above the current base monthly salary step to which he
or she would otherwise be entitled. (Council Resolution No. 82-110 Section 3.1[hh], as amended by
Resolution No. 92-034
(ii) (Reserved)
(jj) (Reserved)
(kk) (Reserved)
(ll) (Reserved)
(mm) (Reserved)
(nn) (Reserved)
(oo) Incumbents in the classification of Correctional Officer who are continuously and regularly assigned
to and actually performing duties of a Correctional Supervisor will be paid at a rate set five (5) salary
rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA
MOU Article V Section 1D)
(pp) An employee who is continuously and regularly assigned to perform training functions as a Parking
Control Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or
her then current base monthly salary step. (POA MOU Article V Section 1H)
(qq) (Reserved)
(rr) Incumbents in the classification of Police Officer who are continuously and regularly assigned as a
Canine Officer will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or
her then current base monthly salary step. (POA MOU Article V Section1I)
(ss) Incumbents in the classification of Police Officer who are continuously and regularly assigned to and
actually performing duties of a Motor Officer assigned to the Traffic Division will be paid at a rate set
five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary
step. (POA MOU Article V Section1J)
(tt) An incumbent, identified by the Police Department, who is continuously and regularly assigned to and
actually performing duties of a Detective/Investigator assigned to the Investigations Division or Special
Investigations Units as well as Police Investigative Specialist, Background Investigator, Collision
Investigator, and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V
Section1K)
(uu) Incumbents in the classifications of Correctional Officer or Correctional Supervisor, who are
continuously and regularly assigned to either the 207(k) 7/12.5 Detention Work Schedule, or the 4/10.5
Detention Administration Work Schedule, shall be paid at a rate set six (6) salary rate ranges
(approximately 3%) above his or her then current base monthly salary step. (POA MOU Article V
Section1L)
(vv) (Reserved)
Page 16 of 30
City Council 25 –25 11162021
(ww) Incumbents in the classification of Firearms Examiner who are regularly and continuously assigned to
and actually performing duties in a “lead” supervisory capacity over a primary functional unit, will be
paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base
monthly salary step. (POA MOU Article V Section 1M and Council Resolution No. 2005-026)
(xx) Reserved
(yy) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are
continuously and regularly assigned as a Tenprint - AFIS Technician will be paid at a rate set five (5)
salary rate ranges (approximately 2.5%) above their then current base monthly salary step. (POA
MOU Article V Section 1O)
(zz) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are
continuously and regularly assigned as a Fingerprint Analyst will be paid at a rate set five (5) salary
rate ranges (approximately 2.5%) above their then current base monthly salary step. (POA MOU
Article V Section 1P)
Page 17 of 30
City Council 25 –26 11162021
OTHER PAY ADDITIVES:
1. BILINGUAL PAY. Qualified personnel in the below-listed representational categories who meet the required
criteria specified in the Memorandum of Understanding (or Pay Plan) covering their job classification will
receive a monthly pay differential above their current base monthly salary step in the amounts specified below
by representational category:
(I) SEIU (Service Employees International Union): (SEIU MOU Article 5.3B, C):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(II) SEIU Part-time Civil Service (Service Employees International Union): (SEIU Article 5.3 B-C)
Primary Bilingual Assignments: prorated amount based on $175 per 173.33 hours.
Secondary Bilingual Assignments: prorated amount based on $40 per 173.33 hours.
(III) SEIU Part-time Non Civil Service (Service Employees International Union): (SEIU Article 4.5 B-C)
Primary Bilingual Assignments: $1.01 above base hourly rate.
Secondary Bilingual Assignments: $0.23 above base hourly rate.
(IV) SAMA (Santa Ana Management Association): (SAMA MOU Article 6.1.B-C):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(V) CMM (Confidential Middle-Management): (Resolution No. 2021-026):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(VI) CAM (Confidential Administrative-Management): (Resolution No. 2021-026):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(VII) CASA (Confidential Association of Santa Ana): (CASA MOU Article 6.3.B-C):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(VIII) UCE (Unrepresented Confidential Employees): (Resolution No. 2021-026):
Primary Bilingual Assignments: $175.00 per month.
Secondary Bilingual Assignments: $40.00 per month.
(IX) POA (Police Officers Association): (POA MOU Article V Section 3C,D,E,F):
Sworn: Street Level Proficiency. The amount equal to the product obtained by multiplying the step
“E” base salary rate of employee by five (5) salary rate ranges (approximately 2.5%).
Sworn: Complex Level Proficiency. The amount equal to the product obtained by multiplying the
step “E” base salary rate of employee by ten (10) salary rate ranges (approximately 5%).
Non Sworn: Primary Level Proficiency: $175.00 per month.
Non Sworn: Secondary Level Proficiency: $40.00 per month.
(X) PMA (Santa Ana Police Management Association): (PMA MOU Article 5.1):
Primary Bilingual Assignments: $175.00 per month.
(XI) EM (Executive Management): (EM RESO Section 2):
Bilingual Assignment shall be paid in the highest amount as available to represented management
employees.
2. SHIFT DIFFERENTIAL.
(I) SEIU, Generally.
An employee in a classification represented by SEIU who is continuously and regularly assigned to a schedule
of work which requires that he or she actually work a minimum of four and one-half (4 1/2 hours) between the
hours of 5:00 p.m. and 7:00 a.m. will be paid a shift differential for his or her entire work shift at a rate set ten
(10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step except
however such shift pay differential shall not be applicable to employees in the classification of Park Ranger
and Supervising Park Ranger. (SEIU MOU Article V Section 4A)
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City Council 25 –27 11162021
(II) Library Department Employees.
Employees hired and assigned to the Library prior to December 1, 1987 who work evening shifts until closing
time, but who are not otherwise eligible for shift differential as provided under Subsection (a) above, shall
receive as special shift pay, an amount equal to one-half (1/2) of one hour's pay for each day they work an
evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base
monthly salary step. Such half-hour's pay shall not be counted toward the computation of overtime. Such
special library shift pay differential shall not be applicable to library employees hired on or after December 1,
1987. (SEIU MOU Article V Section 4B)
(III) Early Morning Street Crews.
A Street Maintenance employee who is assigned to traffic painting or downtown cleanup crews who is
continuously and regularly assigned to a schedule of work which requires that he or she actually work at least
fifty percent (50%) of his or her normal daily work shift between the hours of 1:00 a.m. and 7:00 a.m. will be
paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately
5%) higher than his or her then current base monthly salary step. (SEIU MOU Article V Section 4C)
(IV) Standby Pay.
Employees who are released from active duty but who are required by their department to leave notice where
they can be reached and be available to return to active duty when required by the department at any time
other than their regularly scheduled working hours, shall be said to be on standby duty. Employees shall
receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Employees who
“trade” days will have that time deducted from their pay on a prorated daily rate based on a seven (7) day
week. Employees who cover the day shall be paid at the daily rate. All trades must be approved by the
Supervisor or Manager.
Water Production, Water Maintenance, Public Works Maintenance, Building Maintenance, and Information
Technology Department and staff shall be required to serve on standby duty and receive standby pay as
defined above. The City’s preference will be to accomplish the above through volunteers; however, qualified
employees may be directed to be on standby if the number of volunteers is insufficient. Additional Standby Pay
programs may be implemented with the approval of the Department Head and City Manager. (SEIU MOU
Article V Section 5.A-D)
(V) (POA) Police Officers Association
Incumbents in the classification of Animal Service Officer I or II, Forensic Specialist I or II, Crime Research
Analyst, Police Communications Supervisor, Police Investigative Specialist, Police Property & Evidence
Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher,
Communications Services Officer, Correctional Officer, Correctional Supervisor, and Parking Control Officer
who are continuously and regularly assigned to a schedule of work which require that he or she actually work
a minimum of four and one-half (4 1/2) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift
differential at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base
monthly salary step. (POA MOU Article V Section 2)
Effective July 1, 2017 each Sworn employee who is continuously and regularly assigned to a schedule of work
that requires that he or she actually work a minimum of four and one-half (4 ½) hours between the hours of
5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set at 2.5% above his or her base monthly
salary. (POA MOU Article V Section 2)
(VI) (CASA) Confidential Association of the City of Santa Ana
An employee in a classification represented by CASA who is continuously and regularly assigned to a schedule
of work which requires that he or she actually work a minimum of four and one-half (4 ½) hours between the
hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set
ten (10) salary rate ranges (approximately 5%) higher than his or her then-current base monthly salary step.
(CASA MOU Article 6 Section 4A)
(IV) (UCE) Unrepresented Confidential Employees
An employee in a classification of UCE who is continuously and regularly assigned to a schedule of work which
requires that he or she actually work a minimum of four and one-half (4 ½) hours between the hours of 5:00
p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary
rate ranges (approximately 5%) higher than his or her then-current base monthly salary step. (Resolution No.
2021-026)
(V) Standby Pay
Employees who are released from active duty but who are required by their department to leave notice where
they can be reached and be available to return to active duty when required by the department at any time
other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than
Page 19 of 30
City Council 25 –28 11162021
the first (1st) day of the second (2nd) payroll period following Council approval, such employees shall receive
two hundred dollars ($200) per week when assigned to be on standby duty. (CASA MOU Article 6 Section 4B)
(VI) Standby Pay
Employees who are released from active duty but who are required by their department to leave notice where
they can be reached and be available to return to active duty when required by the department at any time
other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than
the first (1st) day of the second (2nd) payroll period following Council approval, such employees shall receive
two hundred dollars ($200) per week when assigned to be on standby duty. (Resolution No. 2021-026)
(VII) Standby Pay
The Police Chief at his discretion and based on the department's need may assign sworn officers to standby
status for non -work days or other days as determined by the Police Chief. Officers thus assigned will be
compensated at the rate of two (2) hours of straight time per day of standby duty. Officers assigned to
standby status on non-work days will not lose their standby pay when called to duty, if they have been on call
for at least six (6) hours when called. If officers on standby status are called to duty after having been on call
for less than six (6) hours, they will be paid for their response to work, but not for their standby status.
Employees on standby status shall provide the department with a telephone number at which he/she can be
reached. The employee must be able to return to the department within the amount of time he/she would be
able to return if traveling from home. An employee on standby/on- call shall remain fit for duty. Employees on
standby are also subject to the requirements of the Investigations Bureau Order # 09, which sets forth the
guidelines for standby status. (SAPOA MOU Article 5 Section 1E)
3. NOTARY PUBLIC
(I) SEIU (Service Employees International Union)
An employee that is required by a Department Head or their designee to perform the duties of a Notary Public
for the City, in addition to regular duties shall be paid a monthly differential of forty dollars ($40) above his or
her then current base monthly salary step. (SEIU MOU Article V Section1.D),
(II) (CASA) Confidential Association of the City of Santa Ana
Full-time incumbents in any classification who are required by a Department Head or their designee to perform
the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of
forty dollars ($40) above his or her then current base monthly salary step. (CASA MOU Article 6 Section 1B)
(III) (UCE) Unrepresented Confidential Employees
Full-time incumbents in any classification who are required by a Department Head or their designee to perform
the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of
forty dollars ($40) above his or her then current base monthly salary step. (Resolution No. 2021-026)
4. CONFIDENTIAL PREMIUM
(I) (CASA) Confidential Association of the City of Santa Ana
An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving
labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5,
will be paid at a rate set 2.5%, above the current base monthly salary step. (CASA MOU Article 6 Section 6)
(II) (UCE) Unrepresented Confidential Employees
An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving
labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5,
will be paid at a rate set 2.5%, above the current base monthly salary step. (Resolution No. 2021-026)
5. CAREER DEVELOPMENT PAY
(POA) Police Officers Association
The Senior Police Officer I -III and Senior Police Sergeant I -III provisions set forth in sections (II) — (VII) below
apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to
January 1, 2014. The Career Development Pay provided for in section (IX) below is for sworn members of the
bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2014.
(I) Crime Scene Investigator (C.S.I): Any sworn, safety -member Police Officer who attains the following
educational and experience requirements and the approval as set out below shall be paid an additional
five ( 5) salary rate ranges ( 2. 5%) above his or her then current base monthly salary step. The criteria
for such designation shall be as follows:
Page 20 of 30
City Council 25 –29 11162021
A Completion (acquisition) of at least thirty (30) educational and/or training units.
B Assignment to and actual performance of the duties and responsibilities of a C. S. I.
C Completion of a special training course for Crime Scene Investigators as developed
and administered by the Santa Ana Police Department or such alternative course as
designated for such purpose by the Police Chief.
D Approval of the Police Chief. The number of such designations as C. S. I. shall be no
larger than the requirements of the department as determined by the Police Chief
(II) Senior Police Officer I: Any sworn, safety -member Police Officer, regardless of duty assignment, who
completes (acquires) at least sixty (60) educational/training units fulfills the requirements established
in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police
Chief, be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then
current base monthly salary step.
(III) Senior Police Officer II: Any sworn, safety-member Police Officer regardless of duty assignment who
completes (acquires) at least ninety (90) educational/training units; or possession of an Associate of
Arts degree from an accredited college with an additional thirty (30) or more educational/training units
shall be designated as a Senior Police Officer II and shall upon approval of the Police Chief,be paid at
a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base
monthly salary step in the Police Officer classification.
(IV) Senior Police Officer III: Any sworn safety -member Police Officer, regardless of duty assignment, who
completes (acquires) at least one hundred and twenty (120) educational/ training units; or possession
of an Associate of Arts degree from an accredited college with an additional sixty (60) or more
educational/training units shall, upon approval of the Police Chief be designated as a Senior Police
Officer III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his
or her then current base monthly salary step in the Police Officer classification.
(V) Senior Police Sergeant I: Any officer holding the rank of Police Sergeant in the Santa Ana Police
Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/
training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police
Chief, be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then
current base monthly salary step.
(VI) Senior Police Sergeant Il: Any officer holding the rank of Police Sergeant in the Santa Ana Police
Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/
training units; or possession of an Associate of Arts degree from an accredited college with an
additional thirty (30) or more educational/training units shall,upon approval of the Police Chief,be
designated as a Senior Police Sergeant II and shall be paid at a rate set twenty-five (25) salary rate
ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police
Sergeant class.
(VII) Senior Police Sergeant III: Any officer holding the rank of Police Sergeant in the Santa Ana Police
Department, regardless of duty assignment, who completes (acquires) at least one hundred and
twenty (120) educational/training units; or possession of an Associate of Arts degree from an
accredited college with an additional sixty (60) or more educational/training units shall, upon approval
of the Police Chief, be designated as a Senior Police Sergeant III and shall be paid at a rate set thirty
(30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in
the Police Sergeant class.
(VIII) Career Development Program – Non-Sworn: An incumbent in one of the classes designated as
"non-sworn" covered by this MOU shall earn an additional amount as follows:
A Upon attainment of an Associate in Arts Degree, employee will be paid at a rate set
ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph
shall only apply to employees in classifications, which do not require a degree.
B Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid
at a rate set an additional ( 15) salary rate ranges ( approximately 7. 5%) above his
or her then current base monthly salary step. If the employee obtains a Bachelor's
Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate
set ten (10) salary rate ranges (approximately 5%) above his or her then current base
monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph
shall only apply to employees in classifications, which do not require a degree for any
employee hired after July 1, 2017.
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City Council 25 –30 11162021
C Upon attainment of a Masters in Arts Degree, an employee will be paid at a rate set
twenty (20) rate ranges (approximately 10%) above his or her then current base
monthly salary step. This pay is not stacked with the pay in paragraphs A and B above.
For employees hired after July 1, 2017, the pay in this paragraph shall only apply
employees in classifications, which do not require a degree.
(IX) Career Development Pay – Sworn: Effective at the beginning of the pay period following City Council
approval, sworn Employees hired on or after January 1, 2014 shall be eligible to receive Career
Development Pay as follows:
A Level One - Upon attainment of an Associate in Arts Degree employees will be paid
at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then
current base monthly salary step.
B Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty
(30) educational units toward a declared Bachelor' s degree, employees will be paid
at a rate set an additional (10) salary rate ranges approximately 5%) for a total of 20
salary rate ranges (approximately 10%) above his or her then current base monthly
salary step. If such employee obtains a Bachelor's Degree without attaining an
Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate
ranges (approximately 10%) above his or her then current base monthly salary step.
C Level Three - Upon attainment of a Bachelor of Arts or Science Degree employees
will be paid at a rate set an additional (10) salary rate ranges (approximately 5%) for
a total of 30 salary rate ranges (approximately 15%) above his or her then current
base monthly salary step.
(PMA) Santa Ana Police Management Association:
Effective July 1, 2019, all eligible members of PMA currently receiving Educational Incentives listed in Section
(as described below) as of July 1, 2019 will be "grandfathered in" to continue to receive those incentives but
no other members of the association will be able to participate in this educational incentive. In no event shall
the application of this Educational Incentive program result in an employee being eligible to earn more than
ten percent (10%) above his or her then current base monthly salary step. (PMA MOU No. A-2019-187, § VI)
(I) FBI National Academy. Any employee covered by this MOU who successfully completes the FBI
National Academy shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above
his or her then current base monthly salary step.
(II) California Command College. Any employee covered by this MOU who successfully completes
the California Command College shall be paid at a rate set ten (10) salary rate ranges
(approximately 5%) above his or her then current base monthly salary step.
(III) LAPD Leadership Program. Any employee covered by this MOU who successfully completes the
LAPD Leadership Program shall be paid at a rate set five (5) salary rate ranges (approximately
2.5%) above his or her then current base monthly salary step.
(IV) Police Executive Research Forum (PERF) Senior Management Institute for Police. Any employee
covered by this MOU who successfully completes the Senior Management Institute for Police
shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then
current base monthly salary step.
(V) FBI National Academy (LEEDS Program). Any employee covered by this MOU who successfully
completes the FBI LEEDS Program shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
(VI) International Association of Chiefs of Police. Any employee covered by this MOU who
successfully completes the Leadership in Police Organizations Program shall be paid at a rate set
five (5) sala1y rate ranges (approximately 2.5%) above his or her then current base monthly sala1y
step.
(VII) Homeland Security Executive Leaders Program. Any employee covered by this MOU who
successfully completes the Homeland Security Executive Leaders Program shall be paid at a rate
Page 22 of 30
City Council 25 –31 11162021
set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly
salary step.
(VIII) Advanced Leadership Program. The advanced leadership courses listed below represent
curriculum that exceed minimum training mandates for law enforcement managers. The subject
matter addresses a variety of critical topics associated with advanced organizational development
and the role of leaders within the organization. All courses are applicable to sworn and civilian
managers.
Any employee covered by this MOU who successfully completes a cumulative total of 112 hours
of the below listed advanced leadership courses shall be paid at a rate set five (5) salary rate ranges
(approximately 2.5%) above his or her then current base monthly salary step.
Leadership Courses Hours
Command Institute for Law Enforcement Executives (F.B.I. -LEEDA) 40
Contemporary Leadership Issues (F.B.I. -LEEDA) 32
Executive Development Course (P.O.S.T.) 80
Management Civilian Seminar (Part I) (P.O.S.T.) 24
Management Civilian Seminar (Part II) P.O.S.T. 24
Organizational Leadership (P.O.S.T.) 40
Po lice Management Seminar Advanced (P.O.S.T.) 24
Supervisor Leadership Institute (F.B.I. - LEEDA) 40
POST Management Update 24
POST Superviso1y Update 24
FBI-LEEDA Executive Survival 32
Ro le of the Police Chief 40
POST Superviso1y/Leader ship Update 24
Effective Executive Communication 24
Po lice Management Seminar Advanced 24
Civilian Management Seminar 40
Advanced Civilian Management 24
i. Additional Courses. Any other course, 24 hours or longer, which focuses on developing
leadership skills or increasing knowledge of contemporary law enforcement issues of a
management/executive nature, or which enhances knowledge of community policing
strategies or trends, shall be reviewed and approved by the Chief of Police after he/she ensures
that the above criteria are met.
(IX) Educational Incentive Program: Effective July 1, 2019 for all members covered by this MOU,
including Current PMA members, employees hired or promoted into the PMA unit on or after July
1, 2019, shall not be eligible for the Educational Incentives Program described (above) but shall
now be eligible for the Education Incentives listed in this section of this MOU. Those that were
previously receiving incentives that qualify for the provisions in this section on or after July 1,
2019, shall not be eligible for both, only the greater benefit of the two.
i. SWORN ONLY: Sworn employees may only qualify for one (1) Education Incentive Level
at one time and not intended to be compounded with one another.
1. Level 1 - Any sworn employee covered by this MOU who successfully obtains his/her
Supervisory POST certificate, shall be paid at a rate set ten (10) salary rate ranges
(approximately 5%) above his or her then current base monthly salary step (cap=5%).
2. Level 2 - Any sworn employee covered by this MOU who successfully obtains his/her
Supervisory POST AND California Command College OR FBI National Academy
shall be paid at twenty (20) salary rate ranges (approximately 10%) above his or her
then current base monthly salary step (cap=10%).
Page 23 of 30
City Council 25 –32 11/16/2021
3. Level 3 - Any sworn employee covered by this MOU who attains their MA/MS
Degree AND Supervisory POST shall be paid at twenty (20) salary rate ranges
(approximately 10%) on above his or her then current base monthly salary step (cap
10%).
4. Level 4- Any sworn employee covered by this MOU who attains their MA/MS Degree
AND Supervisory POST AND California Command College OR FBI National
Academy shall be paid at thirty (30) salary rate ranges (approximately 15%) on above
his or her then current base monthly salary step (cap 15%).
ii. NON-SWORN
1. Any non-sworn employee covered by this MOU who successfully attains a Masters
of Art or Master of Science degree shall be paid at a rate set ten (10) sala1y rate ranges
(approximately 5%) above his or her then current base monthly sala1y step (cap=5%).
(EM) Sworn Unrepresented Executive Management:
i. SWORN ONLY: Sworn employees may only qualify for one (1) Education Incentive Level
at one time and not intended to be compounded with one another. (Resolution No. 2020-082)
1. Level 1 - Any sworn employee covered by this MOU who successfully obtains his/her
Supervisory POST certificate, shall be paid at a rate set ten (10) salary rate ranges
(approximately 5%) above his or her then current base monthly salary step (cap=5%).
2. Level 2 - Any sworn employee covered by this MOU who successfully obtains his/her
Supervisory POST AND California Command College OR FBI National Academy
shall be paid at twenty (20) salary rate ranges (approximately 10%) above his or her
then current base monthly salary step (cap=10%).
3. Level 3 - Any sworn employee covered by this MOU who attains their MA/MS
Degree AND Supervisory POST shall be paid at twenty (20) salary rate ranges
(approximately 10%) on above his or her then current base monthly salary step (cap
10%).
4. Level 4- Any sworn employee covered by this MOU who attains their MA/MS Degree
AND Supervisory POST AND California Command College OR FBI National
Academy shall be paid at thirty (30) salary rate ranges (approximately 15%) on above
his or her then current base monthly salary step (cap 15%).
Page 24 of 30
City Council 25 –33 11/16/2021
FOOTNOTES:
Employee groups and City Council appointed employees are designated as follows:
“ADMIN MGMT-NS”, denotes classifications defined as Administrative Management (AM) personnel under
the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the
City and the Santa Ana Management Association (SAMA) from January 1, 2019 to
June 30, 2022;
“ADMIN CAM-NS”, denotes classifications defined as Confidential Administrative-Management (CAM)
personnel under the terms of Santa Ana City Resolution No. 2021-026;
“MID M-NS” denotes classifications defined as Middle Management (MM) personnel under the
terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City
and the Santa Ana Management Association (SAMA) from January 1, 2019 to June
30, 2022;
“MID CMM-NS”, denotes classifications defined as Confidential Middle-Management (CMM) personnel
under the terms of Santa Ana City Resolution No. 2021-026;
“SAMA-AM-PTCS” denotes classifications defined as Administrative Management (AM) “Part-Time Civil
Service” (PTCS) personnel under the terms of the Memorandum of Understanding
(MOU) (A-2019-185) between the City and the Santa Ana Management Association
(SAMA) from January 1, 2019 to June 30, 2022;
"APPOINT" denotes City Manager; City Attorney, and Clerk of the Council;
"EXEC-NS", “EXEC-SWORN” denotes classifications defined as "Executive Management" (EM) Non-Sworn and
Sworn personnel under the terms of Santa Ana City Council Resolution No. 2015-026;
"PMA-NS", “PMA-SWORN” denotes classifications defined as Represented Management (RM) personnel
covered by the Memorandum of Understanding (MOU) (A-2019-187) between the City
and Santa Ana Police Management Association (PMA) from July 1, 2018 to December
31, 2021;
"POA-NS", POA-SWORN denotes classifications defined as Non-Sworn and Sworn covered by the
Memorandum of Understanding (MOU) (A-2019-027) between the City and the Santa
Ana Police Officers Association (POA) from July 1, 2018 to December 31, 2021;
"SEIU 6" denotes classifications covered by the Memorandum of Understanding (MOU) (A-
2019-227) between the City and the Service Employees International Union Local 721
Chapter 1939, AFL-CIO, (SEIU) from July 1, 2019 to June 30, 2022;
"PT CS SEIU 6" denotes classifications defined as "Part-Time Civil Service" (PTCS) personnel under
the terms of Memorandum of Understanding (MOU) (A-2020-090) between the City
and the Service Employees International Union Local 721 Chapter 1939, AFL-CIO,
(SEIU) (A-2020-090) from July 1, 2019 to June 30, 2022;
"SEIU PT" denotes regular, long-term part-time classes covered by the Memorandum of
Understanding (MOU) (A-2016-034) between the City and the Service Employees
International Union (SEIU), Local 721 Chapter 1939, AFL-CIO, Part-time Employees'
Representation Unit from July 1, 2015 to June 30, 2017;
"UC" denotes classifications defined as “Confidential” (UC) personnel under the terms of
Memorandum of Understanding (MOU) (A-2019-186) between the City and the
Confidential Association of the City of Santa Ana (CASA) for January 1, 2019 to June
30, 2022
“UCE”, denotes classifications defined as Unrepresented Confidential Employees (UCE)
personnel under the terms of Santa Ana City Resolution No. 2021-026;
Page 25 of 30
City Council 25 –34 11162021
"PT CS CASA" denotes classifications defined as “Confidential” (UC) "Part-Time Civil Service"
(PTCS) under the terms of Memorandum of Understanding (MOU) (A-2019-186)
between the City and the Confidential Association of Santa Ana (CASA) for January
1, 2019 to June 30, 2022
Notes:
Unrepresented "Executive Management" (EM) personnel, and as such, are eligible to receive certain employee benefits
which are different from and/or greater than those available to non-management personnel.
(T) designates a "terminal" class. A position classification that has been designated as "terminal" by formal City Council
action will be deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining
incumbent. No new appointments may be made to a class that has been so designated.
Page 26 of 30
City Council 25 –35 11162021
EFFECTIVE CHANGES, INCORPORTED HEREIN:
1) On November 16, 2021, the Santa Ana City Council approved a resolution increasing the City
Manager's base annual salary from $290,000 to $301,600.
Page 27 of 30
City Council 25 –36 11/16/2021
RANGE 0 1 2 3 4 5 6 7 8 9
45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960
46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058
47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160
48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268
49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381
50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500
51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626
52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758
53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896
54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040
55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192
56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352
57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519
58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695
59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880
60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074
61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278
62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493
63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718
64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954
65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201
66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461
67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734
68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021
69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322
70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638
71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971
72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319
73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685
74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069
75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473
76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897
77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342
78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819
79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309
80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825
81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366
82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934
83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532
84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158
85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816
86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507
87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232
88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994
89 16058 16136 16216 16298 16381 16462 16545 16626 16711 16794
90 16861 16943 17027 17113 17200 17285 17372 17457 17547 17634
91 17704 17790 17878 17969 18060 18149 18241 18330 18424 18516
92 18589 18680 18772 18867 18963 19056 19153 19247 19345 19442
93 19518 19614 19711 19810 19911 20009 20111 20209 20312 20414
94 20494 20595 20697 20801 20907 21009 21117 21219 21328 21435
95 21519 21625 21732 21841 21952 22059 22173 22280 22394 22507
96 22595 22706 22819 22933 23050 23162 23282 23394 23514 23632
EXHIBIT A
Primary Matrix
Effective 7/1/2021
Page 28 of 30
City Council 25 –37 11/16/2021
EXHIBIT B
Schedule of Salary Rate Ranges for Represented
Middle-Management Classes of Employment
Effective 7/1/2021
RANGE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17
MM-10 7336 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889
MM-11 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160
MM-12 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439
MM-13 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727
MM-14 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018
MM-15 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318
MM-16 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627
MM-17 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943
MM-18 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265
MM-19 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595
MM-20 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936
MM-21 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285
MM-22 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642
MM-23 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010
MM-24 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384
MM-25 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769
MM-26 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160
MM-27 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566
MM-28 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980
MM-29 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404
MM-30 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840
MM-31 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282
MM-32 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742
MM-33 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210
MM-34 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690
MM-35 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181
MM-36 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686
MM-37 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202
MM-38 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733
MM-39 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275
MM-40 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 22832
Page 29 of 30
City Council 25 –38 11/16/2021
EXHIBIT C
Schedule of Salary Rate Ranges for Represented
Confidential Middle-Management Classes of Employment
Effective 7/1/2021
RANGE 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17
CMM-10 7336 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889
CMM-11 7517 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160
CMM-12 7704 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439
CMM-13 7898 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727
CMM-14 8100 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018
CMM-15 8299 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318
CMM-16 8504 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627
CMM-17 8718 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943
CMM-18 8937 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265
CMM-19 9159 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595
CMM-20 9386 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936
CMM-21 9621 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285
CMM-22 9865 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642
CMM-23 10109 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010
CMM-24 10359 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384
CMM-25 10622 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769
CMM-26 10889 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160
CMM-27 11160 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566
CMM-28 11439 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980
CMM-29 11727 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404
CMM-30 12018 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840
CMM-31 12318 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282
CMM-32 12627 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742
CMM-33 12943 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210
CMM-34 13265 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690
CMM-35 13595 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181
CMM-36 13936 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686
CMM-37 14285 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202
CMM-38 14642 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733
CMM-39 15010 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275
CMM-40 15384 15769 16160 16566 16980 17404 17840 18282 18742 19210 19690 20181 20686 21202 21733 22275 22832
Page 30 of 30
City Council 25 –39 11/16/2021
Community Development Agency
www.santa-ana.org/cd
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Revive Santa Ana Resident Stimulus Program
AGENDA TITLE:
Approve Appropriation Adjustment of $2,600,000 and Award a Purchase Order to
PrePaid USA in the Amount of $6,000,000 for the Revive Santa Ana Resident Stimulus
Program (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to reallocate $2,600,000 from the ARPA-FMSA
Reserve Appropriations account (no. 18110013-69001) to the ARPA-CDA
expenditure account (nos. 18118013-various) for the Revive Santa Ana Resident
Stimulus Program. (Requires five affirmative votes)
2. Award a Purchase Order to PrePaid USA in the amount of $6,000,000 for the
purchase of 20,000 $300 pre-paid visa cards.
DISCUSSION
On July 20, 2021, the City Council authorized the Revive Santa Ana Spending Plan made
possible by the American Rescue Plan Act (ARPA) through U.S. Department of Treasury
Coronavirus State and Local Fiscal Recovery Funds (SLFRF). The spending plan is
intended to protect and revive the Santa Ana community as it emerges from the impacts
of the COVID-19 pandemic, and includes $4,000,000 for a resident direct assistance
program for residents most affected by the pandemic.
This program will provide direct resident assistance via $300 pre-paid visa cards (card)
as an economic support to mitigate negative economic impacts of the pandemic. These
cards will be accepted by Santa Ana businesses that accept Visa as a form of payment.
Additional details regarding the program are located in the Revive Santa Ana Resident
Stimulus Program Guidelines (Exhibit 1).
Staff conducted a data-driven analysis of the areas of greatest need for economic support
to establish the target areas for the Revive Santa Ana Resident Stimulus Program. The
primary eligible areas for all Revive Santa Ana programs are the Housing and Urban
Development Qualified Census Tracts (HUD QCTs). HUD QCTs are based on an
City Council 26 –1 11/16/2021
Revive Santa Ana Resident Stimulus Program
November 16, 2021
Page 2
2
2
4
3
algorithm that considers the following factors based on 2010 Census Data: household
size, adjusted income, and poverty rates. A detailed breakdown of the algorithm used to
designate the 2022 QCTs is available at
https://www.huduser.gov/portal/qct/QCT_Algorithm.html.
An additional data-driven tool to establish eligible focus areas is the Orange County
Equity Map (OC Equity Map). The OC Equity Map is a data platform that spotlights social
and health disparities in Orange County neighborhoods across multiple dimensions with
a specific focus on the impact from COVID-19. The interactive map visualizes census
tracts in the county and displays the scores from the Social Progress Index (SPI), CDC
Health Indicators, and population demographic data as well as overlays additional
information that can be customized for a variety of different use cases. The OC Equity
Map is comprised of various COVID-19 vulnerability composite indicators including
various health and comorbidity risk factors as well as social progress index factors such
as housing overcrowding, poverty rates, and internet access.
Staff conducted an analysis of the various vulnerability composite indicators utilizing the
OC Equity Map and determined that poverty rates would be the most appropriate factor
to base the focus of this economic support program. The City is composed of 62 individual
census tracts, 14 of which are considered HUD QCTs. These 14 tracts have poverty rates
that range from 47.1% to 81.6%; poverty rates for the city as a whole range from 20.6%
to 81.6% with a median of 42%.
The program targets households in economically disadvantaged areas as determined by
HUD’s Qualified Census Tracts and the highest rates of poverty (above 42%) as identified
by the OC Equity Map in the Revive Santa Ana Resident Stimulus Program Eligible Areas
Map (Exhibit 2). The City recognizes the disproportionate impact of the pandemic in low-
income, high poverty, dense and overcrowded living conditions, and as such will distribute
the economic support to rental units in the target areas.
There are approximately 20,000 rental units within the target area. To ensure that all of
target households receive this economic support, an additional $2,600,000 of funding is
needed to cover the cost of these efforts. Approval of the appropriation adjustment will
make those needed funds available for the program. The costs include funding for direct
support for residents and 10% for the administration of the program, inclusive of salaries,
overtime, material and supplies to support the distribution efforts. Upon City Council
approval and receipt of cards from the vendor, the cards will be distributed door-to-door
by City staff starting in December.
The plan for distribution has been coordinated with input from multiple departments to
maximize safety and efficiency.
City Council 26 –2 11/16/2021
Revive Santa Ana Resident Stimulus Program
November 16, 2021
Page 3
2
2
4
3
An Invitation for Bid (IFB) for prepaid gift/debit cards was advertised on October 22, 2021
on the City’s online bid and management publication system. A summary of the IFB and
bids received is as follows:
55 Vendors notified
2 Santa Ana vendors notified
8 Vendors downloaded the bid packet
3 Bids received
0 Bids received from Santa Ana vendors
In addition to the official bid notification through the City’s PlanetBid system, staff
conducted proactive outreach to four local credit unions and three financial institutions to
encourage them to bid. The bids were received and opened on November 3, 2021, and
evaluated (Exhibit 3). The bid submitted by PrePaid USA located in Corona, California
was determined to be responsive and met the City’s requirements.
ARPA Eligibility Analysis
The program responds to negative economic impacts caused by the public health
emergency by providing direct assistance to households classified as Expenditure
Category (EC) 2.3 Household Assistance: Cash Transfers. The City will provide cash
assistance via a card to a population that is low- or moderate-income meeting the
presumed benefit criteria based on HUD’s Qualified Census Tracts and Census Tracts
and with poverty rates of over 42%.
FISCAL IMPACT
Funds in the amount of $4,000,000 are currently available and in the ARPA-CDA program
accounting unit. Approval of the appropriation adjustment will reallocate $2,600,000 from
the ARPA-FMSA Reserve Appropriations account (no. 18110013-69001) to the ARPA-
CDA expenditure account (nos. 18118013-various), for expenditure as follows:
Fiscal Year Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 21-22
(Dec.-June)
18118013-
Various
American
Rescue Plan
Act (ARPA)
ARPA-CDA, Various $6,600,000
Total $6,600,000
EXHIBIT(S)
1. Revive Santa Ana Resident Stimulus Program Guidelines
2. Revive Santa Ana Resident Stimulus Program Eligible Areas Map
3. Bid Abstract: IFB No. 21-126A: Prepaid Gift-Debit Cards
City Council 26 –3 11/16/2021
Revive Santa Ana Resident Stimulus Program
November 16, 2021
Page 4
2
2
4
3
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 26 –4 11/16/2021
City of Santa Ana Page 1 of 3 Revive Santa Ana
Resident Stimulus Program - NOV 2021
Program Guidelines
The Revive Santa Ana Resident Stimulus program provides $300 pre-paid visa cards as an economic
support to mitigate negative economic impacts of the pandemic. The support is targeted to rental
households in economically disadvantaged areas as determined by HUD’s Qualified Census Tracts and
Census Tracts and to areas with poverty rates of over 42%.
Funding for this program is made possible by the American Rescue Plan Act (ARPA) through U.S.
Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocated to the City
of Santa Ana.
I.Program Eligibility
Coronavirus Local Fiscal Recovery Fund Section 603(c)(1)(a) provides that funds may be used to
respond to the public health emergency or its negative economic impacts, including assistance
to households, small businesses, and nonprofits, or aid to impacted industries such as
tourism, travel, and hospitality.
The program responds to negative economic impacts caused by the public health emergency by
providing direct assistance to households classified as Expenditure Category (EC) 2.3 Household
Assistance: Cash Transfers.
Per the interim final rule, in assessing whether a household or population experienced
economic harm as a result of the pandemic, a recipient may presume that a household or
population that experienced unemployment or increased food or housing insecurity or is
low- or moderate-income experienced negative economic impacts resulting from the
pandemic.
The City will provide cash assistance via a pre-paid visa cards to a population that is low- or
moderate-income meeting the presumed benefit criteria. The support will be disbursed to rental
households in economically disadvantaged areas as determined by HUD’s Qualified Census Tracts
and Census tracts and Census Tracts in areas with poverty rates of over 42%. (See Revive Santa
Ana Resident Stimulus Program Eligible Areas Map)
The City recognizes the disproportionate impact of the pandemic in low-income, high
poverty, dense and overcrowded living conditions, and as such is targeting the distribution of
the cash assistance to rental units in the target areas.
II.Size of the cash assistance:
The Revive Santa Ana Business Program will provide $300 in the form of a pre-paid visa card.
EXHIBIT 1
City Council 26 –5 11/16/2021
City of Santa Ana Page 2 of 3 Revive Santa Ana
Resident Stimulus Program - NOV 2021
III.Eligible households/housing units:
Eligible households for this assistance include rental units registered with the City of Santa Ana’s
Proactive Rental Enforcement Program (PREP) located in the Revive Santa Ana Resident Stimulus
Program Eligible Areas Map.
The PREP promotes public health, safety, and welfare through a systematic proactive code
enforcement effort towards residential rental property throughout the City of Santa Ana.
Property owners who enter into the residential property rental business are imposed a rental
surcharge to pay the enforcement costs of the PREP program including inspection and
administration. PREP promotes an environment in which unhealthy conditions and life safety
hazards are reduced for occupants of residential rental property by identifying and correcting
code violations.
Santa Ana Residents that are renting a housing unit in Santa Ana that is not registered with the
City as a PREP unit, but is within the eligible areas as determined by the Revive Santa Ana Resident
Stimulus Program Eligible Areas Map, may be eligible for the assistance payment subject to
funding availability. Residents may contact the City’s Economic Development Division for
additional information.
IV.Disbursement of cash assistance:
The distribution will be conducted to rental units in Census Tracts with at least 40% poverty rate
per the Revive Santa Ana Resident Stimulus Program Eligible Areas Map. Distribution will
commence in the census tracts with the areas indicating the highest rates of poverty.
City staff will visit each rental unit to provide the cash assistance. Staff will knock on the door and
request to speak with a responsible party to the household to provide program information and
the cash assistance via the $300 pre-paid visa cards. If a responsible party is not home, the City
will mail program information to the household, inclusive of card pick-up options.
V.Household eligibility requirements to receive cash assistance:
To receive the cash assistance a recipient will need to do the following:
•Present identification
•Provide a phone number
•Sign a certification/attestation log to document the following:
o Recipient is a responsible party living in the household
o Receipt of the cash assistance (gift/debit card)
VI.Limit on number of pre-paid visa cards per household:
There is a limit of one gift card per household.
City Council 26 –6 11/16/2021
City of Santa Ana Page 3 of 3 Revive Santa Ana
Resident Stimulus Program - NOV 2021
VII.Program contact information:
City of Santa Ana
Community Development Agency
Economic Development Division
Text/Call: (Pending)
Email: (Pending) ____@santa-ana.org
City Council 26 –7 11/16/2021
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0 ½ 1¼
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Qualified Census Tracts (2022)
Poverty Rate by 2020 Census Tract
Below 42%- NOT ELIGIBLE
42% - 49%
50% - 59%
60% - 69%
70% -79%
80%+
Resident Stimulus Program Eligible Areas Map
Units: Lists No. of PREP Units by Census Tract
|
EXHIBIT 2
City Council 26 –8 11/16/2021
Vendor Location Respondee Respondee Title Vendor Type
PrePaid USA Corona, CA Marisol Arenas Sales Executive SOCB
Perfect Gift LLC
Pittsburgh,
PA Jenny Schutt Account Executive
Blackhawk Network
Inc
Pleasanton,
CA Michael Penza
Inside Sales
Representative
Vendor Card Type
Total Card Load
Value
Total Processing
Fee
Activation
Fee
Available
Discounts
Applied CRA
Credits Payment Terms
Standard
Shipping Fee
Ground
Delivery
Standard
Shipping Fee
Overnight
Delivery
Total Amount
with Standard
Shipping
Total Amount
with Overnight
Shipping
PrePaid USA Visa
6,000,000.00
($300 per card) 0 None
1.99 per card
(waived processing
fee)NA
Vendor is willing to accept
50% of payment upfront, and
50% of payment upon
receivng the cards. Perferred
Payment Type: ACH/Wire
Transfer Waived Waived 6,000,000 6,000,000
Perfect Gift LLC
MasterCard
and Visa
6,000,000.00
($300 per card) 0 None
3.50 per card
(waived processing
fee)No
Prepayment in full is required
to receive all cards. Preferred
Payment Type: ACH/Wire Waived 3,200 6,000,000 6,003,200
Blackhawk Network Visa
6,000,000.00
($300 per card)
.99 cents per card
(19,800) None
3.00 per card
(reduced
processing Fee) No
Prepayment in full is required
to receive all cards. Preferred
Payment Type: ACH/Wire Waived Waived
6,019,800 6,019,800
CITY OF SANTA ANA
Issued On: 11/4/2021
Vendor Information
Bid Information
Bid Abstract: IFB No. 21-126A: Prepaid Gift-Debit Cards
EXHIBIT 3
City Council 26 –9 11/16/2021
City Manager Office
www.santa-ana.org/cm
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Sunshine Ordinance
AGENDA TITLE:
Amendments to the Sunshine Ordinance Relating to Number, Timing, and Noticing of
Community Meetings for Certain Development Projects, Lobbyist Disclosure Policy, and
Publishing Timeline for City Council Meeting Agendas
RECOMMENDED ACTION
1. Approve the first reading of an ordinance amending the Sunshine Ordinance to
expand the number of community meetings for certain development projects from one
to two, increase the radius of distributing noticing of said community meetings from
500 feet of the subject property to 1,000 feet, implement a Lobbyist Registration
Policy, and revise the timeline to publish City Council meeting agendas from four days
to seven days.
2. Approve an appropriation adjustment recognizing $40,000 from prior-year fund
balance in the General Fund and appropriate the same amount to the General Fund,
Clerk of the Council Service Enhancement salaries ($10,000) and contractual services
($30,000) expenditure accounts. (Requires five affirmative votes)
DISCUSSION
In May 2021, the City Council directed staff to research proposals to amend the Sunshine
Ordinance as follows:
Add one additional community meeting for certain development projects as defined
in the Sunshine Ordinance.
Increase noticing requirement for certain development projects from
addresses within a 500-foot radius of the subject property to a 2,000-foot radius,
as well as informing renters and homeowners.
Require Nixle notifications when fulfilling noticing requirements for City-sponsored
development projects.
Require lobbyists to register with the Clerk of the Council.
Continuing the deliverance of City Council meetings in the digital format and allow
virtual participation of residents.
Publish public meeting agendas seven days in advance.
City Council 27 –1 11/16/2021
Sunshine Ordinance
November 16, 2021
Page 2
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4
6
Staff assessed each proposal to determine the feasibility of their implementation. An
overview of each proposal, including the budgetary aspects and benefits of the proposed
provisions, was presented to the City Council on July 20, 2021. Based upon feedback
and direction from the City Council, staff recommends proceeding with the following four
changes to the Sunshine Ordinance: (1) expand the number of community meetings for
certain development projects from one to two; (2) increase the radius of distributing
noticing of said community meetings from 500 feet of the subject property to 1,000 feet;
(3) implementing a Lobbyist Disclosure Policy; and (4) revise the timeline to publish City
Council meeting agendas from four days to seven days. Below is a summary of those
proposed changes.
Expand the Number of Community Meetings for Certain Development Projects from One
to Two
In its current form, the Sunshine Ordinance imposes community meeting requirements
for the following types of development projects: (1) City-sponsored development projects;
(2) new residential projects containing 25 or more units with exceptions; (3) new non-
residential projects of 10,000 square feet or more and which are subject to a negative
declaration, mitigated negative declaration or environmental impact report; and (4)
development projects requiring a zone change, Specific Plan amendment, or General
Plan amendment. The community meeting requirement relating to the number of
meetings is summarized as follows: the development project applicant shall hold one
community meeting no later than 20 days after submittal of an application for
administrative site plan review.
At the direction of the City Council, staff has prepared an ordinance amending this
community meetings provision to require two community meetings (as opposed to the
existing requirement to hold one community meeting). As proposed, the first community
meeting would be required to be held within 20 days of submittal of an application for
development project review, followed by an optional second community meeting no
earlier than ten days prior to the development project being resubmitted by the
development project applicant to the City after receipt of comments resulting from the
City’s development project review. Staff asserts that it is rare that applications submitted
for development project review are complete upon their first submittal and therefore it is
rare that a developer project applicant does not receive comments from City staff to
consider for resubmitting an application for development project review. Accordingly, it is
rare that a developer project applicant will not be required to hold a second community
meeting in conformance with the proposed changes to the Sunshine Ordinance. The
City’s cost associated with requiring two community meeting varies, and principally
includes the staff time associated with providing information and support to the
development project applicant so that the development project applicant may host the
meetings in compliance with the Sunshine Ordinance. Funding to support the staffing
requirements for these types of meetings are supported by existing personnel budgets
City Council 27 –2 11/16/2021
Sunshine Ordinance
November 16, 2021
Page 3
2
2
4
6
for various departments. Therefore, there is no fiscal impact associated with this proposed
change.
Increase the Radius of Distributing Noticing of Community Meetings for Certain
Development Projects from 500 Feet of the Subject Property to 1,000 Feet
In addition to the community meetings requirement for certain development projects, the
current form of the Sunshine Ordinance requires that a development project applicant
provide noticing of the community meeting to all property owners and at least one
occupant per dwelling unit within a 500-foot radius of the subject property.
At the direction of the City Council, staff has prepared an ordinance amending the noticing
provision of the Sunshine Ordinance to require that a development project applicant
provide noticing of each community meeting to all property owners and at least one
occupant per dwelling unit within a 1,000-foot radius (as opposed to the current threshold
of 500 feet). The cost associated with preparing and distributing such notices varies.
Additionally, the responsibility to prepare and distribute such notices is that of the
development project applicant. As such, there is no fiscal impact to the City relating to
this proposed change in noticing for community meetings.
It is important to note that the Sunshine Ordinance provides that noticing of Planning
Commission public hearings shall be in conformance with the noticing requirements for
community meetings. Therefore, by increasing the radius of distributing noticing of
community meetings for certain development projects from 500 feet of the subject
property to 1,000 feet, the City would similarly be required to increase the radius of
distributing noticing of Planning Commission public hearings from 500 feet to 1,000 feet
of the subject property. As such, there will be an increase in costs associated with the
expanded noticing requirements for Planning Commission meetings. While this cost
varies, staff estimates that the cost for each mailer associated with noticing of a Planning
Commission public hearing is 64 cents. The number of mailers to be sent for each public
hearing may increase by anywhere from four to seven times when compared to the
current number of mailers sent in conformance with the existing 500-foot radius
requirement.
Implement a Lobbyist Registration Policy
A lobbyist registration (or “disclosure”) policy is one that requires lobbyists, as defined, to
report specific information relating to their lobbying activities, including the issues lobbied
upon, officials contacted, time spent, and an estimate of expenses, among other data.
The purpose of a lobbyist registration policy is to establish transparency in the activity of
lobbyists. While there are lobbyist registration policies at the federal and state level, such
as the Lobbyist Disclosure Act of 1995 relating to federal lobbying practices and the
Political Reform Act relating to state lobbying practices, there is no municipal lobbyist
registration policy associated with lobbying practices involving the City of Santa Ana.
City Council 27 –3 11/16/2021
Sunshine Ordinance
November 16, 2021
Page 4
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2
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6
Members of the City Council expressed interest in the City establishing a lobbyist
registration policy. There are multiple policy considerations for the City Council to
consider to implement such a policy. For the purposes of the current proposed changes
to the Sunshine Ordinance, staff reviewed the original lobbyist registration proposal by
SACRed (Santa Ana Collaborative for Responsible Development), the organization that
originally lobbied the City Council in 2012 to adopt the Sunshine Ordinance. That
proposal, which was rejected by the City Council, has since been reviewed by the Clerk
of the Council. Based upon her subject matter expertise and experience, the Clerk of the
Council made minor changes to that proposal to align with current best practices. As
presented, the proposed lobbyist registration provisions of the Sunshine Ordinance
contain the following elements: purpose of policy, definitions; annual registration of
lobbyists required; quarterly reports of lobbying activity; registration fee; and penalty for
violation.
Members of the City Council also discussed revolving door regulations and how these
regulations affect former councilmembers for purposes of lobbying. Below is a summary
of the current law on the revolving door regulations:
Government Code Section 87406, also known as the “revolving door regulations”
prohibits the following:
(1) a local elected official, chief administrative officer of a county, city manager or
general manager or chief administrator of a special district who held a position with
a local government agency,
(2) for a period of one year after leaving officer or employment,
(3) from acting as an agent or attorney for, other otherwise represent, for
compensation, any other person,
(4) by making any formal or informal appearance before, or by making any oral of
written communication to, that local government agency, or any committee,
subcommittee, or present member of that local government agency, or any officer
or employee of the local government agency,
(5) if the appearance of communication is made for the purpose of influencing
administrative or legislative action, or influencing any action or proceeding
involving the issuance, amendment, awarding, or revocation of a permit, license,
grant or contract, or the sale or purchase of goods or property,
(6) except when the individual is, at the time of the appearance or communication, a
board member, or employee of another local government agency or an employee
or representative of a public agency and is appearing or communicating on behalf
of that agency.
Considering that existing State law prohibits these activities, revolving door provisions
were not included as part of proposed amendments to the Sunshine Ordinance.
The Clerk of the Council’s Office conducted a preliminary fiscal impact analysis and
determined that a lobbyist registration policy could be implemented by their office
City Council 27 –4 11/16/2021
Sunshine Ordinance
November 16, 2021
Page 5
2
2
4
6
procuring a lobbyist disclosure filing module from an existing vendor, NetFile. the
subscription-based software costs approximately $10,000 annually to procure. To
implement such a policy, the Clerk of the Council recommends that a part-time
Administrative Aide be hired to fulfill the functions required of the policy. Staff estimates
that the annual personnel cost is $30,000. In summary, there will be a $40,000 annual
expense associated with implementation of the lobbyist registration policy. This increase
in expenses will require an appropriation adjustment.
Revise the Timeline to Publish City Council Meeting Agendas from Four Days to Seven
Days
State law requires that public meeting agendas for regular meetings, such as regular City
Council meetings, be published at least 72 hours (or three days) prior to the meeting start
time. The Sunshine Ordinance, in its current form, requires that regular City Council
meeting agendas be published 96 hours (or four days) prior to the meeting start time.
At the direction of the City Council, staff has prepared an ordinance amending the
Sunshine Ordinance to require regular City Council meeting agendas to be published
seven days in advance. There is no direct cost associated with the change in publishing
time associated with publishing the City Council meeting agendas seven days in advance.
However, each City department that submits agenda items, along with departments who
facilitate the agenda process (particularly the Clerk of the Council’s Office, City Manager’s
Office, City Attorney’s Office, and Finance Department) would be required to revise their
workflow to accommodate the seven-day lead time for publishing City Council meeting
agendas. Additionally, it is important that both the members of the City Council and City
staff alike be mindful of the seven-day lead time for City Council agenda items to be
prepared and considered. This means that there will be at least seven days between the
time a City Council meeting agenda is published and the time the accompanying agenda
items are to be considered by the City Council at a public meeting. Furthermore, it is
important to note that once the City Council meeting agenda is published, it is published
in its final form and is not intended to be revised within the seven-day timeframe.
Therefore, this proposed change does not create an opportunity for increased
engagement. Instead, it provides additional time for members of the City Council and the
public to view the City Council meeting agenda.
Attached for consideration by the City Council is an ordinance (Exhibit 1) amending the
Sunshine Ordinance.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Implementation of proposed ordinance amending the Sunshine Ordinance—particularly
the lobbyist registration provisions—requires an additional $40,000 annual expense by
the Clerk of the Council Office.
City Council 27 –5 11/16/2021
Sunshine Ordinance
November 16, 2021
Page 6
2
2
4
6
This increase in expenses is not budgeted and will require an appropriation adjustment
in the amount of $40,000 from the General Fund fund balance and allocated as follows:
FY 2021-22
Recognize $40,000 from prior year fund balance in the General Fund, prior year
carryforward amount (01102002-50001) and appropriate the same amount as follows:
Accounting Unit / Account Expenditure Type Amount
01107017-61020 Salaries Part-Time $10,000
01107017-62300 Contractual Services $30,000
EXHIBIT(S)
1. Ordinance
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 27 –6 11/16/2021
Ordinance No. NS-XXX
Page 1 of 7
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, AMENDING ARTICLE II.I AND
II.II OF CHAPTER 2 AND ADDING ARTICLE XI ENTITLED
“LOBBYSIST REGISTRATION” TO CHAPTER 2 OF THE
SANTA ANA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 2-150 of Article II.I entitled “Public Access to Meetings” of
Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as
follows (new language is underlined and deleted language is stricken):
Sec. 2-150. – Meetings and agenda postings for city council.
Pursuant to Government Code Section 54953.7 of the Brown Act, the
city is imposing the following additional requirements on itself to allow greater
community access to its meetings:
(1)City council meeting agendas must be posted at least ninety-six (96)
hours seven (7) calendar days before any regular meeting of the city council.
(2)The city will makes notices of the city council meetings accessible
on the city’s website in various languages including Spanish through the use of fee
web-based translation application.
(3) Agenda’s will list future items on major projects. The list of “major
projects” identified for the city council agenda will be compiled at the discretion of
the city manager.
Section 2. Section 2-153 of Article II.II entitled “Public Meetings for
Certain Development Projects” of Chapter 2 of the Santa Ana Municipal Code is
hereby amended to read in its entirety as follows (new language is underlined and
deleted language is stricken):
Sec. 2-153. - Public input through community meetings prior to
discretionary approval.
(a)Applicability. The requirements of this article apply to development
projects requiring discretionary approval and that meet one or more of the following
criteria:
(1)City-sponsored development projects;
(2)New residential projects containing twenty-five (25) or more
units, except that the director of the Pplanning and building
City Council 27 –7 11/16/2021
Ordinance No. NS-XXX
Page 2 of 7
Building Agency may exempt a developer from one or more
of the requirements of this article if, in the case of affordable
housing, the developer can show that it will be in jeopardy of
losing tax credits, or if an applicable project does not require
a resubmittal following initial submittal;
(3)New non-residential projects (including additions to existing
buildings) of ten thousand (10,000) square feet or more and
which are, in the determination of the city, subject to a
negative declaration, mitigated negative declaration or
environmental impact report as defined under the California
Environmental Quality Act;
(4)Development projects requiring a zone change, specific plan
amendment, or general plan amendment.
(b)Number and timing of community meeting. For those development
projects that meet the criteria listed in subsection 2-153(a), the
applicant shall hold two one (21) community meetings. The first
community meeting shall be held no later than twenty (20) days after
submittal of an application for administrative site plandevelopment
project review. The second community meeting shall be held no
earlier than ten (10) days prior to the development project being
resubmitted by the applicant to the City after receipt of comments
resulting from the City’s development project review. Should the
applicant fail to hold the community meetings within this time, the
completion of administrative site plandevelopment project review
shall be delayed until such time as the community meeting s areis
held.
(c)Noticing. Notice of any community meeting held under this section
shall be provided to all property owners, and at least one (1)
occupant per dwelling unit having a valid United States Postal
Service address within a 15000-foot radius of the subject property.
Said notice shall be mailed no less than ten (10) days prior to the
community meeting. The notice shall also be posted on the
development project site and published in a newspaper of general
circulation no less than ten (10) days prior to the community meeting.
The city shall then post the notice on the city's website. It shall be the
sole responsibility of the applicant to prepare and distribute this
notice.
(d)Notice content. The notice shall include the time, place and date of
the community meeting; a map depicting the location of the subject
property, including the properties contained within the notification
boundary; a brief description of the project; and the applicant's
contact information. The notice shall be written in English and
Spanish and include instructions as to how to request language
interpretation services for those wishing to have interpretation during
the community meeting in languages other than English.
City Council 27 –8 11/16/2021
Ordinance No. NS-XXX
Page 3 of 7 3
(e)Community meeting time and place. The cCommunity meetings shall
be held either on a weeknight during the early evening hours or on a
Saturday. The meetings shall be held in any facility that is accessible
to the public and that is no more than one (1) mile from the project
site. Should there not be any such facilities available in the required
area, the applicant may arrange, at their own expense and subject
to availability, to use the next closest city facility.
(f)Community meeting language interpretation. Should the applicant
receive a written request for language interpretation services no later
than forty-eight (48) hours prior to the meeting, it shall be the
applicant's responsibility to arrange for such services to be available
at the community meeting.
(g)Community meetings format and content. During the community
meetings the applicant shall give a presentation detailing the
components of the proposed development project and a description
of any impacts or benefits to the community, and provide contact
information so that members of the public can contact them for
further information. The applicant shall allow enough time for the
attendees to ask questions and provide input. The applicant shall
prepare detailed minutes of the meetings including a written record
of the comments provided by the community members.
(h)Providing information to city after community meeting. Not moreless
than four (4) days following the last community meeting, the
developer shall submit to the city an affidavit under penalty of perjury
that the required community meetings wereas held in compliance
with this section and will submit copies of all notices, notification lists,
site postings, advertisements, or other communications used to
publicize the meetings. The applicant shall also provide to the city a
copy of the minutes and the written record of, and response to, the
public comments made at theach community meeting. The public
input will be made part of the public record and included as
attachments to planning commission staff reports.
(i)[Notice.] Notice of planning commission public hearings shall be in
conformance with the requirements provided in subsection 2 -153(c),
except that it shall be the responsibility of the applicant to provide the
director of planning and development services the mailing lists of the
names and addresses of those entitled to receive notice under
subsection 2-153(c). The noticing provisions contained subsection 2-
153(c) shall supersede those contained in section 41 -672.
Section 3. Article XI entitled “Lobbyist Registration” is hereby added to Chapter 2
of the Santa Ana Municipal Code to read in its entirety as follows (new language is
underlined):
City Council 27 –9 11/16/2021
Ordinance No. NS-XXX
Page 4 of 7
ARTICLE XI.- LOBBYIST REGISTRATION
Sec. 2-905.- Purpose.
In order to ensure public confidence and the integrity of local government,
Lobbyists should be required to register themselves and file disclosure reports with the
Clerk of Council regarding the nature of their lobbying efforts, compensation, donations,
and fundraising efforts.
Sec. 2-906.– Definitions.
(a)“City official” shall mean any elected or appointed official of the City of Santa
Ana, city officer as defined in Section 2-300 of this Code , or member of a
legislative body or advisory board or commission established by action of
the City Council under authority of the City Charter, Municipal Code, or
resolution.
(b)“Gift” shall have the same meaning as in the Political Reform Act.
(c)“Lobbyist” shall mean a person or business entity that received $250 or
more in a calendar year for communicating, using any means, with a City
official or employee to influence current or future City legislation,
administrative decisions, City Council elections, or local initiative measures.
This includes an employee, officer or director of an entity whose duties
include communicating, either directly or through an agent, with city officials
or City employees to influence any proposed or pending governmental,
legislative or administrative action of the City. This definition shall only
apply to this Article.
Sec. 2-907.- Registration .
(a)Any individual or entity that qualifies as a Lobbyist pursuant to this Article shall
register with the Clerk of Council within fifteen (15) days of qualifying as a Lobbyist.
(b)No person who qualified as a Lobbyist shall contact or communicate with any city
official without first registering as a Lobbyist and identifying himself or herself as
a Lobbyist.
(c)Any individual or entity that registers as a lobbyist shall retain that status through
December 31 of that year unless and until the individual or entity terminates the
status as set forth below.
(d)Any individual or entity registered pursuant to this Article shall file a termination
statement with the Clerk of Council within 15 days after ceasing activities governed
by this Article. The form of the termination statement shall be provided by the Clerk
of Council.
Sec. 2-908.- Exemptions from registration.
City Council 27 –10 11/16/2021
Ordinance No. NS-XXX
Page 5 of 7 5
The following persons or entities are exempt from registration as a Lobbyist:
(a)Any public official acting in his or her official capacity;
(b)Any government official or government employee acting in his or her official
capacity; and
(c)Any organization exempt from federal taxation pursuant to Section 501(c)(3) of
the Internal Revenue Code, which receives funding from any federal, state or
local government agency for the purpose of representing the interests of
indigent persons and whose primary purpose is to provide direct services to
those persons, if the individual or individuals represented by the organization
before any City agency provide no payment to the organization for that
representation. This exemption shall not apply to direct contacts with a city
official in any situation other than a publicly noticed meeting, for the purpose of
attempting to influence a city decision with regard to any city funding which the
organization is seeking.
(d)A newspaper or other regularly published periodical, radio or television stati on
or network, including any individual who owns, publishes or is employed by
such newspaper, periodical, station or network, when in the ordinary course of
business, it publishes or broadcasts news, editorials or other comments, or paid
advertising, which directly or indirectly attempts to influence City officials or
employees regarding current or future City legislation, administrative decisions,
or City Council elections or local initiative measures.
Sec. 2-909.- Required quarterly disclosure reports.
(a)Lobbyists shall file quarterly disclosure reports with the Clerk of Council
specifying in detail the following:
1)The nature of the issues they are trying or tried to influence through
lobbying of City officials;
2)Identify each client and the amount of compensation received from each
client for communicating, using any means, with City officials to
influence current or future City legislation, administrative decisions, City
Council elections, or local initiative measures;
3)All campaign contributions or gifts to elected City officials;
4)All campaign contributions to a controlled committee of an elected City
official;
5)All fundraising activities conducted on behalf of elected City officials;
6)All contributions or gifts to political campaigns;
7)All contributions or gifts made at the behest of elected City officials;
8)All contributions or gifts to political campaigns made at the behest of
elected City officials;
City Council 27 –11 11/16/2021
9)All contributions or gifts to registered domestic non-profit organizations
made at the behest of elected City officials;
10) All contributions or gifts to religious institutions made at the behest of
elected City officials;
11) All contributions or gifts to non-profits made at the behest of elected City
officials;
12) All payment received for services as a consultant to the City or any City
agency;
13) Any compensated work done for a political campaign of an elected City
official; and
14) Disclosures shall cover the past two years.
(b)Each quarterly report will be on a form prepared by the Clerk of Council and
filed with the Clerk of Council no later than January 1 st, April 1st, July 1st, and
September 1st of every year starting in 2022.
Sec. 2-910.- Registration fee.
The City may charge a Lobbyist Registration Fee to cover the costs associated
with processing the Lobbyist Registration. The Lobbyist Registration Fee shall be in such
amount established by resolution of the City Council.
Sec. 2-911.-Disclosure reports made available to the public.
The Clerk of Council shall make all Lobbyist disclosure reports available online to
the public and copies available through the Clerk of Council’s office.
Sec. 2-912.- Penalty for violation.
(a)Any person who knowingly or willfully violates any provision of this Article,
causes another person to knowingly or willfully violate this article, or knowingly
or willfully aides or abets any person to violate this article is guilty of a
misdemeanor.
(b)Any person convicted of violating this Article may not act as a Lobbyist within
the city or otherwise attempt to influence city legislation for compensation for
one year after such a conviction.
(c)Residents of the City of Santa Ana shall have standing to bring a civil action for
enforcement of this Article.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
Ordinance No. NS-XXX
Page 6 of 7CityCouncil 27 –12 11/16/2021
Ordinance No. NS-XXX
Page 7 of 7 7
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections ,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 6. The Clerk of Council shall certify the adoption of this Ordinance and
shall cause the same to be published as required by law.
ADOPTED this ____ day of November, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES: Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on ______________, 2021, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: ______________ _____________________________
Daisy Gomez
Clerk of the Council
City of Santa Ana
City Council 27 –13 11/16/2021
Planning and Building Agency
www.santa-ana.org/pb
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Code Enforcement Abatement Action
AGENDA TITLE: Public Hearing - Recovery cost and Expenditures in an Amount of
$39,604.19 Incurred by the City for Weed, Rubbish, and Garbage Abatement Within
Private Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado
de Orange
RECOMMENDED ACTION
Adopt a resolution affirming the acceptance of the Weed, Rubbish, and Garbage
Abatement report and confirm the Code Enforcement Division description for the recovery
of the costs in an amount of $39,604.19, associated with the execution of the Inspection
and Abatement Warrant on May 13, 2021, at 837 N. Ross Street, owned by Centro
Cultural de Mexico en el Condado de Orange.
DISCUSSION
Santa Ana Municipal Code (SAMC) Section 16-48 prohibits the presence of weeds,
rubbish, and garbage, among other items accumulated upon or in front of a
property. Furthermore, SAMC 41-190 (a) prohibits any building or land to be used for any
purpose other than that which is permitted in the district or modified district in which such
building or land is located. Properties with these types of code violations create a negative
impact and can be dangerous and injurious to neighboring properties and the health and
welfare of residents in the community.
In accordance with Santa Ana Municipal Code Section 16-49 and 16-50, when unsightly
or unsafe conditions are identified, City staff provides notices requiring abatement of such
conditions. As permitted by SAMC 16-49(b) and SAMC 1-8, a formal notice may also be
mailed to provide similar notice that immediate action must be taken to abate the public
nuisances. Ultimately, the property owner is responsible for ensuring the general
property maintenance of the property and compliance with all the provisions of the Santa
Ana Municipal Code. If the issue is not addressed by the prescribed date indicated in the
notice(s), the City has the ability to take action to perform the abatement work through its
own City staff and/or contractor.
Between April 22, 2020 and April 20, 2021, the City of Santa Ana received 179 complaints
regarding 837 N. Ross Street concerning the accumulation of trash, debris, and general
City Council 28 –1 11/16/2021
Code Enforcement Abatement Action
November 16, 2021
Page 2
2
2
3
8
lack of property maintenance along with the improper land use violation associated with
the property owner consenting an unpermitted encampment on the premises. As part of
the enforcement effort, the Code Enforcement Division issued a warning notice on May
7, 2020, to the property owner regarding violations of SAMC sections 16-48 (noxious
growth, rubbish, garbage prohibited) and 41-190(a) (Use not permitted) relating to the
unpermitted encampments on the premises parking lots and creating an increasingly
negative and unsafe, unhealthy environment for the surrounding properties and residents.
As part of the continuing enforcement efforts, the Code Enforcement Division issued
additional Administrative Citation fines on December 2, 2020 ($100); December 7, 2020
($200); December 14, 2020 ($500); and January 4, 2021 ($1000). Each time the
Administrative Citation fines was mailed via certified and regular mailed as prescribed by
the municipal code and ensuring due process. This method further ensures the property
owner is aware of the violations and required corrections of the City codes.
Notwithstanding the Code Enforcement Division’s enforcement actions and in an effort to
assist the property owner obtain compliance, the City reached an agreement with the 837
N. Ross property owner to suspend additional issuance of fines and allow an extended
period to comply. As part of the agreement, the City also provided additional services
that included but were not limited to hosting two outreach events at the premises, provide
mental health and shelter assistance as well as portable restrooms and wash stations to
assist the encampment occupants. Unfortunately, despite the mutual agreement, the
property owner was unable to abate the violations and bring the property into compliance
in the prescribed and accorded dateline.
As such, the Code Enforcement Division, through the City Attorney’s Office, requested
and obtained an Inspection and Abatement Warrant to abate all outstanding violations
from the Orange County Superior Court. The inspection abatement warrant allowed the
abatement of the nuisance conditions at the exterior of the property by thoroughly
cleaning the area, removing all garbage, trash, and debris in order to render the area
safe. On May 13, 2021, in collaboration with the City’s Quality of Life Team and
participation of the Public Works Agency, Santa Ana Police Department, Community
Development Agency, Parks and Recreation Services; the Inspection and Abatement
Warrant was executed at 837 N. Ross Street.
Pursuant to the Santa Ana Municipal Code authority outlined in sections 16-55 and 16-
56, the Code Enforcement Division hereby provides a summary of the costs associated
with the execution of the one Inspection and Abatement warrant totaling $39,604.19,
which includes City staff time and City equipment. The adoption of the attached
resolution will enable the city to invoice and pursue collection of costs and expenditures
incurred by the city associated with the abatement efforts.
City Council 28 –2 11/16/2021
Code Enforcement Abatement Action
November 16, 2021
Page 3
2
2
3
8
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
All Administrative Staff recovered costs will be recorded in Miscellaneous Recoveries
Account (No. 01116002-57010).
Fiscal
Year
Accounting
Unit –
Account #
Fund
Description
Account Unit, Account
Description
Amount
FY
2021-22
01116002-
57010
General
Fund
Planning & Building Agency-
Administration -
Miscellaneous Recoveries
$39,604.19
EXHIBIT(S)
1. Resolution
2. Inspection and Abatement Warrant Costs
Submitted By: Minh Thai, Executive Director, Planning and Building Agency
Approved By: Kristine Ridge, City Manager
City Council 28 –3 11/16/2021
`
Resolution No. 2021-XXX
Page 1 of 3
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA CONFIRMING THE COSTS AND EXPENDITURES
INCURRED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE
ABATEMENT WITHIN PRIVATE PROPERTY LOCATED AT 837
NORTH ROSS STREET, AND MAKING, CONFIRMING, AND
LEVYING ASSESSMENTS FOR SUCH COSTS
WHEREAS, in accordance with Santa Ana Municipal Code Sections 16-49 and
16-50, when unsightly or unsafe conditions of rubbish, garbage, or noxious growths are
identified, the City provides notices to the respective property owners requiring abatement
of such conditions; and
WHEREAS, if the property is not cleaned by the prescribed date in the notices, the
City may take action to perform abatement work through its own staff and/or a contractor
and recover the costs of such abatement; and
WHEREAS, between April 22, 2020 and April 20, 2021, the City received 179
complaints regarding 837 N. Ross Street concerning the accumulation of trash, debris,
and general lack of property maintenance along with an improper land use violation
associated with the property owner’s consent of unpermitted encampments on the
premises; and
WHEREAS, the property at 837 N. Ross Street is owned by Centro Cultural de
Mexico en el Condado de Orange; and
WHEREAS, the Code Enforcement Division issued a warning notice on May 7,
2020 to the property owner for violations of SAMC sections 16-48 (noxious growths,
rubbish, garbage prohibited) and 41-190(a) (nonpermitted use of land and building); and
WHEREAS, the Code Enforcement Division thereafter issued Administrative
Citation fines on December 2, 2020, December 7, 2020, December 14, 2020, and January
4, 2021; and
WHEREAS, despite an initial agreement to stay further enforcement actions and
other City measures to assist the property owner with compliance, it became necessary
for the City to obtain an inspection and abatement warrant from the Orange County
Superior Court to permit the City to abate the nuisance conditions at the exterior of the
property, specifically to clean the area and remove all garbage, trash, and debris in order
to render the area safe; and
WHEREAS, on May 13, 2021, in collaboration with the City’s Quality of Life Team
and participation of the Public Works Agency, Santa Ana Police Department, Community
Development Agency, and Parks and Recreation Services, the City executed the above
warrant at 837 N. Ross Street; and
EXHIBIT 1
City Council 28 –4 11/16/2021
`
Resolution No. 2021-XXX
Page 2 of 3
WHEREAS, pursuant to the Santa Ana Municipal Code authority outlined in
sections 16-55 and 16-56, the Code Enforcement Division has provided an itemized
written report of costs associated with the execution of the Inspection and Abatement
warrant totaling $39,604.19, a copy of which is attached as Exhibit A; and
WHEREAS, notice was given that on November 16, 2021, at 5:45 p.m. or as soon
as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza,
Santa Ana, California, a public hearing would be held by the City Council to consider the
report, at which any and all persons interested in such report would be heard; and
WHEREAS, the City Council, at the time and place set for hearing, received, heard,
and considered the report and all objections thereto submitted by property owners liable
to be assessed for the abatement, and directed any modification of the report as it
deemed necessary; and
WHEREAS, the adoption of this Resolution will enable the city to properly invoice
and pursue collection of costs and expenditures incurred by the City associated with the
above abatement efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. The itemized written report of costs associated with the execution of
the inspection and abatement warrant at 837 N. Ross Street, a copy of which is attached
as Exhibit A, is hereby confirmed.
Section 2. These costs shall be made and assessed against the property and
shall be collected from the owner of the property. In accordance with Santa Ana Municipal
Code sections 16-57 and 16-58, these costs shall constitute a lien on the property until
paid, and a copy of the report shall be filed with the Orange County Auditor-Controller.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this _____ day of ____________, 2021.
________________________________
Vicente Sarmiento
Mayor
City Council 28 –5 11/16/2021
`
Resolution No. 2021-XXX
Page 3 of 3
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on _______________.
Date: ______________________ ________________________________
Clerk of the Council
City of Santa Ana
City Council 28 –6 11/16/2021
Date Department Employee Title Regular Wage Regular Hours Overtime Wage Overtime Hours Total Department Total
5/13/2021 PWA Luzanna Guillen Street Maintenance Supervisor 38.57$ 7 269.99$
5/13/2021 PWA Octavio Montes Public Works Crew Leader 33.14$ 7 231.98$
5/13/2021 PWA Juan Ixta Public Works Crew Leader 34.74$ 7 243.18$
5/13/2021 PWA Keith Knudsen Maintenance Worker I 23.39$ 7 163.73$
5/13/2021 PWA Mario Moreno Maintenance Worker I 23.39$ 7 163.73$
5/13/2021 PWA Elizabeth Rubio PW Projects Specialist 44.69$ 7 312.83$
5/13/2021 PWA Arturo Rodriguez Asst. PW Maintenance Mgr 58.11$ 7 406.77$
5/13/2021 PWA Pedro Guillen Deputy PW Director/Maint Svcs 84.68$ 7 592.76$
5/13/2021 PWA Landscape West Contractor (4 teams of 2 = Quantity 8 31.55$ 7 1,766.80$
5/13/2021 PWA Truck Quantity 3 4.07$ 7 85.46$
5/13/2021 PWA Dump Truck Quantity 1 5.03$ 7 35.22$
5/13/2021 PWA Backhoe Quantity 1 4.76$ 7 33.32$
5/13/2021 PWA Loader Quantity 1 3.28$ 7 22.98$ 4,328.75$
5/7/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 2 292.12$
5/11/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 2 292.12$
5/13/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 3 438.18$ 1,022.42$
5/7/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 2 143.58$
5/11/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 2 143.58$
5/13/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 6 430.74$ 717.90$
5/13/2021 City Net BATES, MATTHEW 24.50$ 1 24.50$
5/13/2021 City Net BEESON, NICHOLAS 24.50$ 8 36.75$ 0.08 198.94$
5/13/2021 City Net BELTRAN, CONCEPCION 24.50$ 8 36.75$ 0.08 198.94$
5/13/2021 City Net GRANT, ELIZABETH 24.50$ 8 196.00$
5/13/2021 City Net GUTIERREZ VERDEJO, MINERVA 24.50$ 8 36.75$ 0.07 198.57$
5/13/2021 City Net HURTADO, AIMEE 24.50$ 8 36.75$ 0.08 198.94$
5/13/2021 City Net ILER, ALISANN 24.50$ 1 24.50$
5/13/2021 City Net LITTLEJOHN, ROSALINDA 24.50$ 1.5 36.75$
5/13/2021 City Net MENDEZ CLARA, GUILLERMO 24.50$ 8 196.00$
5/13/2021 City Net MOFFA, DANIELLE 24.50$ 8 196.00$
5/13/2021 City Net SANTIAGO, ADAM 24.50$ 8 196.00$ 1,665.14$
5/13/2021 SAPD Sgt. Juan Montiel #2569 Seargent 127.06$ 6.5 825.89$
5/13/2021 SAPD Cpl. Cassandra Hawkins Corporal 90.21$ 6.5 586.37$
5/13/2021 SAPD Ofc. Amanda Brown #3423 Officer 86.41$ 6.5 561.67$
5/13/2021 SAPD Ofc. Erick O’Rourke #3537 Officer 86.46$ 6.5 561.99$
5/13/2021 SAPD Ofc. Jesse Smith #3658 Officer 69.90$ 6.5 454.35$
5/13/2021 SAPD Ofc. Nickolas Cavendish #3664 Officer 76.57$ 6.5 497.71$
5/13/2021 SAPD Ofc. Steven Stuczynski #3371 Officer 79.30$ 6.5 515.45$
5/13/2021 SAPD Ofc. Joshua Coleman #3489 Officer 76.12$ 6.5 494.78$
5/13/2021 SAPD Ofc. Ryan Bell #3517 Officer 83.15$ 6.5 540.48$
5/13/2021 SAPD Ofc. Michael Smith #3456 Officer 86.55$ 6.5 562.58$
5/13/2021 SAPD Ofc. James Babinski #3515 Officer 86.53$ 6.5 562.45$
5/13/2021 SAPD Ofc. Axel Calles #3388 Officer 86.96$ 6.5 565.24$ 6,728.93$
5/7/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$
5/18/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1.5 67.04$
8/13/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$
12/2/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
12/14/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$
INSPECTION AND ABATEMENT WARRANT COSTS (837 N. Ross Street)
EXHIBIT 2
City Council 28 –7 11/16/2021
12/29/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1.5 67.04$
1/3/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 0.5 22.35$
1/4/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 0.5 22.35$
2/24/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
3/1/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$
3/9/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 3 134.07$
3/18/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
4/5/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 4 178.76$
4/23/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$
4/26/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
5/3/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
5/7/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$
5/13/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 9 402.21$
5/13/2021 PBA Cesar Jimenez Code Enforcement Officer 44.69$ 9 402.21$ 2,011.05$
5/13/2021 CAO Jose Montoya Deputy City Attorney 225.00$ 102.8 23,130.00$ 23,130.00$
TOTAL 39,604.19$
City Council 28 –8 11/16/2021
Planning and Building Agency
www.santa-ana.org/pb
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: Zoning Ordinance Amendment No. 2021-03
AGENDA TITLE:
Public Hearing - Zoning Ordinance Amendment No. 2021-03 - An Ordinance of the City
Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article XVIII.I.
of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity
Ordinance
RECOMMENDED ACTION
Consider the recommendations made by the Planning Commission and take one of the
following options:
1. Approve first reading of the Ordinance as presented; or
2. Approve first reading of the Ordinance incorporating the changes recommended
by the Planning Commission; or
3. Approve first reading of the Ordinance with the incorporation of changes desired
by the City Council.
BACKGROUND AND DISCUSSION
Planning Commission Recommendations: The City Planning Commission held a
public hearing on the proposed draft Ordinance on October 25, 2021. The Commission
voted 4:3:0 (Ayes: Alderete, Pham, Ramos, Woo; Noes: Calderon, McLoughlin,
Morrissey) to forward the draft Ordinance with the following recommendations:
1. Increase the minimum inclusionary percentage for all income categories
2. Increase the minimum starting dollar amount in the proposed in-lieu fee sliding
scale
3. Permit projects that have been approved (entitled) by the City prior to the adoption
date of the proposed Ordinance to vest the existing regulations and provisions of
the Housing Opportunity Ordinance under Ordinance No. NS-2994
For ease of reference, the redline and clean versions of the Ordinance as presented to
the Planning Commission are attached as Exhibit 1. In addition, the redline and clean
City Council 29 –1 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 2
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versions of the Ordinance with the incorporation of changes recommended by the
Planning Commission are attached as Exhibit 4.
For comparison purpose, the Commission’s recommended changes are further outlined
and discussed in Table 1 below alongside the original changes discussed by the City
Council and the Housing Ad Hoc Committee.
Table 1: Summary of Key Amendments &
Planning Commission Recommended Changes
Code
Section
Subject Summary of Key Amendments Planning Commission Recommended
Changes & Staff’s Analysis
Title Update Title:
2021 AFFORDABLE
HOUSING
OPPORTUNITY &
CREATION
ORDINANCE
The updated title will provide clarity and
distinction from prior versions of the
ordinance.
No recommended changes by the
Commission.
41-1900 Purpose:
Expands the scope of
the ordinance
This section has been modified to also
require affordable housing for zoning
classification changes exceeding
permitted densities
No recommended changes by the
Commission.
41-1901 Definition:
Deletes “Entitled
Residential Project”
and “Prior Project”
definition and modifies
various definitions to
include a new
category for extremely
low-income
The provisions for “Entitled Residential
Projects” and “Prior Projects” no longer
apply after October 1, 2021. A new
category of extremely low-income has
been added to also prioritize production of
housing for this income category.
No recommended changes by the
Commission.
City Council 29 –2 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 3
2
2
3
7
41-1902 Applicability:
Establishes new
standards for projects
that need to comply
with the ordinance
This section is amended to revert the
language to the previous HOO before it
was previously amended in October 2020.
The HOO would apply to projects of 5 or
more units that will require a zone change
or general plan amendment, including city
initiated zone changes and general plan
amendments since November 28, 2011
(The current ordinance only applies to
projects that are requesting an increase in
the density permitted by the General
Plan).
It also establishes the applicability of the
ordinance to projects that have not been
issued a building permit or have not paid
their HOO in-lieu fee as of November 17,
2021.
To incentivize the construction of
extremely low-income units and blended
income projects, the amendment also
adds a percentage of rental units that may
be built on-site for extremely low-income
households equal to 5 percent of the total
number of units, and 10 percent for a
blended income project of which, 5
percent, 3 percent, and 2, percent
respectively shall be for low, very low, and
extremely low income.
Commission recommended change: Allow
projects that have received entitlement
approvals under existing Ordinance No. NS-
2994 to vest the provisions of the existing
ordinance and to not be subjected to the
provisions of the proposed ordinance.
Discussion: This recommendation would
provide the opportunity for currently entitled
development projects to vest the regulations
and provisions of the HOO in effect at the
time when the project was proposed and
approved by the City. It will also help to
maintain the financial assumptions and
constructability of the project as approved.
------------------------
Commission recommended change: For
rental units, increase the minimum
inclusionary percentage for each income
level as follows:
Low Income: Increase to 20% from
15%
Very Low Income: Increase to
15% from 10%
Extremely Low Income: Increase
to 10% from 5%
Mixed Income: Increase to 15%
from 10%, of which, 5% each will
be allocated to each of the three
target income levels.
Discussion: Prior to considering increasing
the inclusionary percentage in the draft
Ordinance, additional analysis is
recommended to evaluate the impacts of
these changes to the constructability of a
project.
41-1903 Exempt Projects:
Clarifies which
projects are not
subject to the
ordinance
This section is amended to delete the
language regarding applications deemed
complete prior to November 28, 2011 and
further clarify the exclusions to the HOO
that may be agreed upon by City Council
in a development agreement.
Discussion: To be consistent with the
changes recommended by the Commission
under section 41-1902 above, this section
can be clarified to also include a provision
addressing projects to be vested under
Ordinance No. NS-2994 and to include a
vesting project list. These changes will
provide clarity for the future application and
implementation of the Ordinance. The
proposed vesting list is included as Exhibit 5
to this report.
City Council 29 –3 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 4
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2
3
7
41-1904 In-Lieu Fee Option:
Revises the in-lieu fee
and changes the
timing of payment
This section is amended to increase the
in-lieu fee from $5 per habitable square
foot to establish a sliding scale with a $5 -
$15 range per habitable square foot.
Units
Fee Per Square
Foot of Habitable
Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
This section also removes the prior
incentive for “Entitled Residential Projects”
to obtain building permits during the
current economic climate. The provision
for “Entitled Residential Projects” no
longer applies after October 1, 2021.
The amendments also extend the timing of
payment from issuance of the building
permit to issuance of the certificate of
occupancy, allowing a developer the
option to pay after the project is developed
in order to make the larger fee more
reasonable and to help reduce carrying
costs during construction.
Commission recommended change:
Modify the sliding scale to range between
$10 - $15 in place of $6 - $15 as follows:
Units Fee Per Square Foot
of Habitable Area
5 – 9 $10.00
10 – 14 $11.66
15 – 19 $13.32
20 or more $15.00
Discussion: Prior to considering increasing
the bottom step of the sliding scale and
reducing the differential between each step
in the draft Ordinance, additional analysis is
recommended to evaluate the
constructability of a project in the 5-19 unit
categories. It is challenging for small infill
projects to construct affordable units onsite.
If the in-lieu fee amount is not aligned with
the market gap, these smaller projects may
not be feasible.
The Commission also discussed the need to
provide clarity regarding the timing of
payment of the vested in-lieu fee when the
City approves a phased development
project. To be consistent with the timing
provision that permits construction of
affordable units proportional with each phase
(Section 41-1906(b)of the draft Ordinance)
of a project, an approved phased
development project should also be allowed
to time the payment proportional with each
phase as well. This change would meet the
intent of reducing the carrying cost during
the project construction phase.
41-1904
(c)(1)(i)
& (ii)
Skilled and Trained
Workforce
Incentives and
Sliding Scale In-Lieu
Fee Schedule:
Incentive to utilize a
skilled and trained
workforce and local
hire
This section is amended to incorporate a
skilled and trained workforce incentive and
a sliding scale for the reduction of the in-
lieu fee to $5 or $10, depending on the
level of utilization of a skilled and trained
workforce and local hire.
This change also incorporates a local hire
incentive where a developer of 15 or more
housing units would include a 35-percent
minimum local hire component as part of
the skilled and trained workforce.
No recommended changes by the
Commission.
City Council 29 –4 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 5
2
2
3
7
In summary, if the City Council desires to incorporate Planning Commission
recommendations 1 and 2, additional analysis should be completed to fully evaluate their
impacts to the constructability of a project. Planning Commission recommendation 3 can
be incorporated without the need to complete additional analysis of the impacts on the
constructability of a project.
Background and Process: On November 28, 2011, the Santa Ana City Council adopted
Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as
“Article XVIII.I. – Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of
Chapter 41 (Zoning) of the Santa Ana Municipal Code. The Housing Opportunity
Ordinance was adopted to implement the City’s Housing Element Goal of providing
affordable housing within the City.
On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which
amended the Housing Opportunity Ordinance in various respects, including applicability,
options to satisfy inclusionary requirements, and calculation of the in-lieu housing fee.
These amendments were intended to make the inclusionary housing requirements more
predictable for housing developers and to incentivize the production of more affordable
housing.
In response to impacts of the COVID-19 pandemic on the development and construction
of housing in the City, including the reduction of housing starts, the City Council adopted
Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-2994 further
amended the Housing Opportunity Ordinance to lower the in-lieu fee option amount for
all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand
the eligible uses of in-lieu fees collected by the City.
41-1909 Inclusionary
Housing Fund:
Clarifies the use of the
in-lieu fees collected
This section is amended to further clarify
the use of in-lieu fees paid to the City. It
provides the Community Development
Agency with a priority for the use of the
funds for large families and allows the
funds to be used for additional one-time
programs addressing housing security,
eviction prevention, and housing legal
assistance for city residents.
This section is also amended to
strengthen and emphasize the goal for
projects that receive inclusionary housing
funds to negotiate in good faith to utilize a
skilled and trained workforce with a local
hire component.
No recommended changes by the
Commission.
41-1910 In-lieu fee
calculation:
Provides for periodic
review at the option of
the City Council;
deletes “Prior
Projects”
This section is amended to provide for
periodic review of the in-lieu fee when
determined to be appropriate by the City
Council. The amendment also deletes the
paragraph on “Prior projects” since it is no
longer applicable.
No recommended changes by the
Commission.
City Council 29 –5 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 6
2
2
3
7
On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing
was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and
recommended certain changes. The Ad Hoc Committee’s recommendations were
presented, discussed, and commented on by the City Council at the regular meetings of
July 6th, July 26th, and September 7th of 2021. At the meetings, the City Council also
provided a forum to receive input from key stakeholders and members of the public. On
October 5, 2021, the City Council provided direction to staff to prepare amendments to
the Housing Opportunity Ordinance and to initiate the adoption public hearing process.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. It is recommended that the
City Council finds and determines that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of
the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment, as there is no possibility it will have a
significant effect on the environment and it is not a "project", as defined in Section 15378
of the CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a
project, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines
Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Redline and Clean versions of draft Ordinance adopting Zoning Ordinance
Amendment No. 2021-03
2. City Council Public Hearing Notice
3. Planning Commission staff report, exhibits, presentation, and written public
comments of October 25, 2021 are incorporated herein by reference and can be
viewed at the following link: Item - PrimeGov Portal
4. Redline and Clean versions of draft Ordinance adopting Zoning Ordinance
Amendment No. 2021-03 with the incorporation of Planning Commission
Recommendations
5. Proposed 2021 List of Entitled Projects Vested Under the Regulations and
Provisions of Ordinance No. NS-2994
Submitted: Minh Thai, Executive Director, Planning and Building Agency
City Council 29 –6 11/16/2021
Zoning Ordinance Amendment No. 2021-03
November 16, 2021
Page 7
2
2
3
7
Approved By: Kristine Ridge, City Manager
City Council 29 –7 11/16/2021
Ordinance No. NS-XXX
Page 1 of 18
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
City Council 29 –8 11/16/2021
Ordinance No. NS-XXX
Page 2 of 18
and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated __________,
2021 and duly signed by the Executive Director of the Planning and Building Agency shall,
by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony, constitute the necessary findings for
this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
City Council 29 –9 11/16/2021
Ordinance No. NS-XXX
Page 3 of 18
Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
or the conversion of rental units to condominium ownership when the number of units
exceed the densities permitted under the general plan. , zoning classification, or the
conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three-
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange County median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
City Council 29 –10 11/16/2021
Ordinance No. NS-XXX
Page 4 of 18
Entitled residential project means a development project that includes residential units
subject to the provisions and applicability of this Article XVIII.I. that received entitlement
approvals by city council action between August 4, 2015 and August 17, 2020 to construct
the residential project and which has not been issued a building permit prior to August 18,
2020. A list of the currently entitled residential projects is attached hereto as Exhibit A
and is incorporated by reference.
Executive director means the executive director of community development for the
city.
General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate -income households, at an affordable housing cost, in
compliance with this article.
Low-income units and, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low or, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Prior project means any project for which an application was submitted and the
application was deemed complete prior to August 4, 2015.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
City Council 29 –11 11/16/2021
Ordinance No. NS-XXX
Page 5 of 18
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
The new construction of a project consisting of five (5) or more multi-family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as-needed
basis, as a priority area for rehabilitation due to health and safety concerns.
Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), private mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new residential
project comprised of twenty (20five (5) or more residential lots or residential units located
withinwhich has not been issued a building permit or paid the cityin-lieu fee as of
November 17, 2021, including new construction, and condominium conversions, which
exceedmeets one or all of the following applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(b) Applications. The requirements of this article shall apply to any new residential
project proposed in connection with an application to do a
(2) Implementation of the following:
(1) Increase the permitted residential density or percentage of residential
development allowed as a result of the subject property above the density permitted by
thecity initiated zone changes or city initiated general plan at the time of the application.
The inclusionary requirements shall only apply to the incremental increase in the number
of units beyond that which is allowed by the applicable density permitted by the general
plan. amendments after November 28, 2011.
(2)
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage at the time of the application. The
inclusionary requirements shall only apply to the incremental increase in the number of
units beyond that which is allowed by the density permitted by the general plan. permitted
under the zoning classification at the time of application.
(3) Convert
City Council 29 –12 11/16/2021
Ordinance No. NS-XXX
Page 6 of 18
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
increase in the number of units beyond that which is allowed by the density permitted by
the general plan. as prescribed in Subsection (a) above.
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of ten (10) percent of the total number of units in the project shall be sold to
moderate -income households.
(d) Rental units. If the new residential project consists of rental units, then athe
inclusionary units shall be constructed as follows:
(1) A minimum of fifteen (15) percent of the units shall be rented to low-income
households, or
(2) A minimum of ten (10) percent shall be rented to very low-income
households., or
(3) A minimum of five (5) percent shall be rented to extremely low-income
households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing
cost of which five (5) percent rented to low-income households, three (3) percent rented
to very low-income households, and two (2) percent rented to extremely low-income
households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded-up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low -income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
City Council 29 –13 11/16/2021
Ordinance No. NS-XXX
Page 7 of 18
(a) Applications deemed complete. Applications that include a residential project for
which a development application has been deemed complete prior to November
28, 2011.
(b)
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article, provides for a different amount of
inclusionary units, or provides for a different amount of inclusionary unitsspecified method
for determining the in-lieu fee provisions of this ordinance, such as the timing of payment
or the point in time for determining the applicable in-lieu fee amount, to satisfy the
inclusionary units from that specified by this article, provided the development agreement
was adopted on or before November 28, 2011..
(c)
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requirements
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(d)
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1901,1902 above. A developer may only satisfy the requirements of this article by
means of an alternative to on-site inclusionary units in accordance with the requirements
and procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum-
total of the number of habitable square feet for the project as directed by this ordinance,
the number of units and bedrooms associated with the off-site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
City Council 29 –14 11/16/2021
Ordinance No. NS-XXX
Page 8 of 18
substantially rehabilitating existing housing units elsewhere within the borders of the city
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements for the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
(1) More than twenty (20) units. A residential project comprised of more than twenty
(20) residential lots or residential units, the developer may elect to satisfy the
inclusionary unit requirements for the project, in whole or in part, by payment of
a fee in lieu of constructing some or all of the required units. The amount of the
fee allowed by this section shall be five dollars per square foot ($5.00/ft.2 ) of the
sum total of the number of habitable square feet within the entire project, as
measured from the exterior walls of the residential units. This calculation does
not include exterior hallways, common areas, landscape, open space or exterior
stairways.
(2) Entitled residential projects. The applicant(s) of an entitled residential project
(see Exhibit A) may either construct the inclusionary units or pay an in lieu fee
as follows:
(i) Twenty (20) or fewer units. In the case of an entitled residential project containing
between five (5) and twenty (20)
(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing
some or all of the required units. The total amount of the fee allowed by this section shall
be five dollars per square foot ($5.00/ft.) ofcalculated using the In-Lieu Fee Schedule in
section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet
within the entire project, as measured from the exterior walls of the residential units. This
calculation does not include exterior hallways, common areas, landscape, open space or
exterior stairways.
(ii) More than twenty (20) units. In the case of an entitled residential project
comprised of more than twenty (20) residential lots or residential units, the
developer may elect to satisfy the inclusionary unit requirements for the project,
in whole or in part, by payment of a fee in lieu of constructing some or all of the
required units. The amount of the fee allowed by this section shall be five dollars
per square foot ($5.00/ft.) of the sum total of the number of habitable square
feet within the entire project, as measured from the exterior walls of the
residential units. This calculation does not include exterior hallways, common
areas, landscape, open space or exterior stairways. The in lieu fee amount
allowed herein by this subsection shall revert to fifteen dollars per square foot
($15.00) on October 1, 2021 for any construction which adds net residential
City Council 29 –15 11/16/2021
Ordinance No. NS-XXX
Page 9 of 18
units, which has city-approved entitlements, that has not been issued a building
permit by October 1, 2021.
(iii) A residential project that has been entitled and approved with conditions to pay
a specific in lieu fee or has a city council approved development agreement to
pay a specific in-lieu fee shall comply with the conditions or the development
agreement as approved and shall not be modified by this ordinance.
(3)
(i) In-Lieu Fee Schedule
Units
Fee Per Square Foot of
Habitable Area
5 – 9
$6.00
10 – 14
$9.00
15 – 19
$12.00
20 or more
$15.00
(ii) Local Skilled and Trained Workforce Incentive. The in-lieu fee for
fifteen (15) or more units shall be reduced if the developer voluntarily provides the City
with an executed enforceable commitment to use a “Skilled and Trained Workforce” as
defined in Public Contract Code section 2601 to complete the construction of the project
as follows:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
City Council 29 –16 11/16/2021
Ordinance No. NS-XXX
Page 10 of 18
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. The developer shall pay the All in-lieu fees allowed by this section shall be paid
no later than prior to issuance of the building permitfirst occupancy approval for any
construction which adds net residential units. The developer may provide input regarding
what project the in lieu fees should be applied towards, but such input shall not be
dispositive. The in in-lieu fees collected by the city are city funds over which the city has
complete and absolute discretion.
(4)
(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on-site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
City Council 29 –17 11/16/2021
Ordinance No. NS-XXX
Page 11 of 18
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off-site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
City Council 29 –18 11/16/2021
Ordinance No. NS-XXX
Page 12 of 18
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for calculation
either ten (10) percent for very low income or fifteen (15) percent for low income
inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies
shall not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off-site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of units most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
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Ordinance No. NS-XXX
Page 13 of 18
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a licensed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordable housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
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Ordinance No. NS-XXX
Page 14 of 18
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
(1.) The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
(2.) No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affordable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
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Ordinance No. NS-XXX
Page 15 of 18
funds policies and procedures. A priority will be on the creation of affordable housing
opportunities or units from the existing market rate housing stock rather than construction
of new affordable housing units. This includes, but is not limited to, the purchase and
rehabilitation of units for sale. Monies may also be used to pay for one-time programs for
code enforcement, quality of life and general health and safety activities. Monies may
also be used to cover reasonable administrative or related expenses associated with the
administration of this article. new affordable housing opportunities for large families
currently living in the City. Other eligible uses of the inclusionary housing fund include but
are not limited to:
(i) Creating affordable units from the existing market rate housing stock
including but not limited to, the purchase and rehabilitation of units.
(ii) Funding one-time programs for code enforcement, quality of life, and
general health and safety activities.
(iii) Implementing and promoting programs addressing housing security,
eviction prevention, and housing legal assistance for city residents.
(iv) Funding reasonable administrative or related expenses associated
with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre-home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer opting for the in lieu payment option or receiving funding from
the inclusionary housing fund, as well as its contractors and subcontractors at every tier
performing work for the new housing units is encouraged and should negotiate in good
faith to provide the City with an enforceable commitment that a skilled and trained
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Ordinance No. NS-XXX
Page 16 of 18
workforce will be usedminimum 30% of the labor utilizing 2 or more construction trades
be performed by a “Skilled and Trained Workforce” as defined in Public Contract Code
section 2601 to complete a contract or projectthe construction of the project and shall
also include a minimum of 35% of all work-hours for the project be performed in
accordance with Public Contract Code §§ 2601—2602local hire policies approved by the
City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration before the end of calendar
year 2018, but after June 30, 2018. Between July 1, 2018 and December 31, 2018, staff
shall report on the effectiveness of this ordinance and provide options for council
consideration on the components of this ordinance, including, but not limited to, the
monetary amount of inclusionary in-lieu fee per square footas needed.
(b) Prior projects. The applicant(s) of any project for which a site plan review application
was submitted and such application was deemed complete prior to August 4, 2015,
may either construct the inclusionary units pursuant to the prior housing opportunity
ordinance (Ordinance No. NS-2825) or pay an in lieu fee calculated by the formula
under the prior housing opportunity ordinance (Ordinance No. NS-2825) or request
to revise its inclusionary housing plan and/or inclusionary housing agreement and
pay an in-lieu fee of nine dollars and thirty-five cents ($9.35) per square foot of
habitable space for the entire project's inclusionary housing obligation.
(c)
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
(d)
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to assure
ensure compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
City Council 29 –23 11/16/2021
Ordinance No. NS-XXX
Page 17 of 18
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
City Council 29 –24 11/16/2021
Ordinance No. NS-XXX
Page 18 of 18
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
City Council 29 –25 11/16/2021
Ordinance No. NS-XXX
Page 1 of 16
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
City Council 29 –26 11/16/2021
Ordinance No. NS-XXX
Page 2 of 16
and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated __________,
2021 and duly signed by the Executive Director of the Planning and Building Agency shall,
by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony, constitute the necessary findings for
this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
City Council 29 –27 11/16/2021
Ordinance No. NS-XXX
Page 3 of 16
Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
when the number of units exceed the densities permitted under the general plan, zoning
classification, or the conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three-
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange County median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
Executive director means the executive director of community development for the
city.
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Ordinance No. NS-XXX
Page 4 of 16
General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate-income households, at an affordable housing cost, in
compliance with this article.
Low-income units, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
The new construction of a project consisting of five (5) or more multi-family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as-needed
basis, as a priority area for rehabilitation due to health and safety concerns.
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Ordinance No. NS-XXX
Page 5 of 16
Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), private mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new project
comprised of five (5) or more residential lots or residential units which has not been issued
a building permit or paid the in-lieu fee as of November 17, 2021, including new
construction and condominium conversions, which meets one or all of the following
applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential
development allowed as a result of city initiated zone changes or city initiated general
plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage permitted under the zoning classification
at the time of application.
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
units beyond that which is allowed as prescribed in Subsection (a) above.
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of ten (10) percent of the total number of units in the project shall be sold to
moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary
units shall be constructed as follows:
(1) A minimum of fifteen (15) percent of the units shall be rented to low-income
households, or
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Ordinance No. NS-XXX
Page 6 of 16
(2) A minimum of ten (10) percent shall be rented to very low-income
households, or
(3) A minimum of five (5) percent shall be rented to extremely low-income
households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing
cost of which five (5) percent rented to low-income households, three (3) percent rented
to very low-income households, and two (2) percent rented to extremely low-income
households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded-up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low-income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article, provides for a different amount of
inclusionary units, or provides for a different specified method for determining the in-lieu
fee provisions of this ordinance, such as the timing of payment or the point in time for
determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that
specified by this article.
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requirements
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
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Ordinance No. NS-XXX
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Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1902 above. A developer may only satisfy the requirements of this article by means of
an alternative to on-site inclusionary units in accordance with the requirements and
procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum-
total of the number of habitable square feet for the project as directed by this ordinance,
the number of units and bedrooms associated with the off-site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
substantially rehabilitating existing housing units elsewhere within the borders of the city
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements for the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing
some or all of the required units. The total amount of the fee allowed by this section shall
be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the
sum total of the number of habitable square feet within the entire project, as measured
from the exterior walls of the residential units. This calculation does not include exterior
hallways, common areas, landscape, open space or exterior stairways.
(i) In-Lieu Fee Schedule
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Ordinance No. NS-XXX
Page 8 of 16
Units Fee Per Square Foot of
Habitable Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
(ii) Local Skilled and Trained Workforce Incentive. The in-lieu fee for
fifteen (15) or more units shall be reduced if the developer voluntarily provides the City
with an executed enforceable commitment to use a “Skilled and Trained Workforce” as
defined in Public Contract Code section 2601 to complete the construction of the project
as follows:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance
of the first occupancy approval for any construction which adds net residential units. The
in-lieu fees collected by the city are city funds over which the city has complete and
absolute discretion.
(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on-site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
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Ordinance No. NS-XXX
Page 9 of 16
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
City Council 29 –34 11/16/2021
Ordinance No. NS-XXX
Page 10 of 16
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off-site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for
calculation. The common areas, exterior hallways, stairways, patios, and balconies shall
not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off-site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of units most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
City Council 29 –35 11/16/2021
Ordinance No. NS-XXX
Page 11 of 16
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a licensed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordable housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
City Council 29 –36 11/16/2021
Ordinance No. NS-XXX
Page 12 of 16
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
1. The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
2. No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
City Council 29 –37 11/16/2021
Ordinance No. NS-XXX
Page 13 of 16
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affordable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
funds policies and procedures. A priority will be on the creation of new affordable housing
opportunities for large families currently living in the City. Other eligible uses of the
inclusionary housing fund include but are not limited to:
(i) Creating affordable units from the existing market rate housing stock
including but not limited to, the purchase and rehabilitation of units.
(ii) Funding one-time programs for code enforcement, quality of life, and
general health and safety activities.
(iii) Implementing and promoting programs addressing housing security,
eviction prevention, and housing legal assistance for city residents.
(iv) Funding reasonable administrative or related expenses associated
with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
City Council 29 –38 11/16/2021
Ordinance No. NS-XXX
Page 14 of 16
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre-home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer receiving funding from the inclusionary housing fund, as well
as its contractors and subcontractors at every tier performing work for the new housing
units is encouraged and should negotiate in good faith to provide the City with an
enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction
trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601 to complete the construction of the project and shall also include a
minimum of 35% of all work-hours for the project be performed in accordance with local
hire policies approved by the City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration as needed.
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to ensure
compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
City Council 29 –39 11/16/2021
Ordinance No. NS-XXX
Page 15 of 16
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
City Council 29 –40 11/16/2021
Ordinance No. NS-XXX
Page 16 of 16
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
City Council 29 –41 11/16/2021
O R A N G E C O U N T Y R E P O R T E R
OR#
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The charge(s) for this order is as follows. An invoice will be sent after the last
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NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF SANTA ANA,CA.
The City of Santa Ana encourages the
public to participate in the decision-
making process.The following notice
is being provided so that you can ask
questions,make comments and stay
informed about projects that might be
important to you.We encourage you to
contact us prior to the Public Hearing if
you have any questions.
NOTICE IS HEREBY GIVEN -The City
Council of the City of Santa Ana will hold
a public hearing to receive public
testimony and will take action on the item
described below.
Proposed Action:The City Council is
considering the adoption of Zoning
Ordinance Amendment No.2021-03 to
amend the Santa Ana Municipal Code
repealing and reenacting in its entirety
Article XVIII.I.of Chapter 41 of the Santa
Ana Municipal Code regarding the
Housing Opportunity Ordinance.The
proposed Amendment will modernize and
update the Ordinance to clarify the
purpose and applicability of the proposed
regulations,to clarify vesting provisions
for development projects,to modify the in-
lieu fee structure,and to incentivize the
use of a skilled and trained local
workforce,as well as other various
sections of the Ordinance to respond to
current development and economic
trends.The Planning Commission vote on
October 25,2021,resulted in a 4-3
(Calderon,McLoughlin and Morrissey
dissented)recommendation that the City
Council adopt the proposed Amendment
with certain modifications.
Environmental Impact:There is no
environmental impact associated with this
action in that the Ordinance is not subject
to the California Environmental Quality
Act (CEQA)pursuant to Sections
15060(c)(2)and 15060(c)(3)of the State
CEQA Guidelines because it will not result
in a direct or reasonably foreseeable
indirect physical change in the
environment,as there is no possibility it
will have a significant effect on the
environment and it is not a "project",as
defined in Section 15378 of the CEQA
Guidelines.Furthermore,the proposed
Ordinance falls within the "common
sense"CEQA exemption set forth in
CEQA Guidelines Section 15061(b)(3),
excluding projects where "it can be seen
with certainty that there is no possibility
that the activity in question may have a
significant effect on the environment."
Adoption of this Ordinance will not have a
significant effect on the environment
because the proposed changes will only
modernize,update,and clarify existing
affordable and inclusionary housing
requirements responding to the current
economic and housing trends in the City
and will not cause a physical change in
the environment.Notice of Exemption,
Environmental Review No.2021-107 will
be filed for this project.
Meeting Time and Date –This matter will
be heard on Tuesday,November 16,
2021 at 5:45 p.m.or thereafter in the City
Council Chamber,22 Civic Center Plaza,
Santa Ana,California 92702.All persons
interested in this matter are notified to
appear at this time.
How To Make Comments -If you do not
wish to appear at the public hearing,you
may also send your written comments to
the Clerk of the Council,by mail to City of
Santa Ana,20 Civic Center Plaza –M30,
Santa Ana,CA 92701 or via e-mail at
ecomments@santa-ana.org (reference
"City Council meeting")by 12:00 p.m.on
Monday,the day before the meeting;e-
mails received after said time will be on
file for public viewing the day after the
meeting.
Who To Contact For Questions -Should
you have any questions,please contact
the Planning and Building Agency at (714)
667-2706 or you can send an email to
ecomments@santa-ana.org.
Where To Get More Information -All
staff reports regarding any item on this
agenda are available for public inspection
in the Clerk of the Council Office during
regular business hours and posted on the
City's website the Friday before a Council
meeting at:www.santa-ana.org/cc/city-
meetings.
Si tiene preguntas en español,favor de
llamar al (714)647-6520.
N u c n liên l c b ng ti ng Vi t,xin
i n tho i cho Tony Lai s (714)565-
2627.
If you challenge the decision on the above
matter,you may be limited to raising only
those issues you or someone else raised
at the public hearing described in this
notice,or in written correspondence
delivered to the City Council of the City of
Santa Ana at,or prior to,the public
hearing.
Daisy Gomez,
Clerk of the Council
Publish Orange County Reporter -Legals
Section;
Date:November 5,2021
11/5/21
OR-3527760#
City Council 29 –42 11/16/2021
Ordinance No. NS-XXX
Page 1 of 17
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
City Council 29 –43 11/16/2021
Ordinance No. NS-XXX
Page 2 of 17
and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated __________,
2021 and duly signed by the Executive Director of the Planning and Building Agency shall,
by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony, constitute the necessary findings for
this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
City Council 29 –44 11/16/2021
Ordinance No. NS-XXX
Page 3 of 17
Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
when the number of units exceed the densities permitted under the general plan, zoning
classification, or the conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three-
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange County median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
Executive director means the executive director of community development for the
city.
City Council 29 –45 11/16/2021
Ordinance No. NS-XXX
Page 4 of 17
General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate-income households, at an affordable housing cost, in
compliance with this article.
Low-income units, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
The new construction of a project consisting of five (5) or more multi-family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as-needed
basis, as a priority area for rehabilitation due to health and safety concerns.
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Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), private mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new project
comprised of five (5) or more residential lots or residential units which has not been issued
a building permit or paid the in-lieu fee as of November 17, 2021, including new
construction and condominium conversions, which meets one or all of the following
applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential
development allowed as a result of city initiated zone changes or city initiated general
plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage permitted under the zoning classification
at the time of application.
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
units beyond that which is allowed as prescribed in Subsection (a) above.
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of ten (10) percent of the total number of units in the project shall be sold to
moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary
units shall be constructed as follows:
(1) A minimum of fifteen (15) twenty (20) percent of the units shall be rented to
low-income households, or
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(2) A minimum of ten (10) fifteen (15) percent shall be rented to very low-
income households, or
(3) A minimum of five (5) ten (10) percent shall be rented to extremely low-
income households, or
(4) A minimum of ten (10) fifteen (15) percent shall be available at an affordable
housing cost of which five (5) percent rented to low-income households, three (3) five (5)
percent rented to very low-income households, and two (2) five (5) percent rented to
extremely low-income households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded-up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low-income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article, provides for a different amount of
inclusionary units, or provides for a different specified method for determining the in-lieu
fee provisions of this ordinance, such as the timing of payment or the point in time for
determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that
specified by this article.
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requirements
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
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(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994
Adopted on September 1, 2020. A development project that has received entitlement
approvals by city council action prior to November 16, 2021 to construct new residential
units is hereby determined to have vested the right to carry out the completion and
construction of the project under the regulations and provisions of Ordinance No. NS-
2994. The vested regulations and provisions in accordance with this section shall
terminate if any or all of the entitlement approvals become invalid for any reasons or have
expired under the various applicable time limits established in the Santa Ana Municipal
Code. A list these projects and the vested right(s) under Ordinance No. NS-2994 are
attached hereto as Exhibit A and is incorporated herein by reference.
Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1902 above. A developer may only satisfy the requirements of this article by means of
an alternative to on-site inclusionary units in accordance with the requirements and
procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum-
total of the number of habitable square feet for the project as directed by this ordinance,
the number of units and bedrooms associated with the off-site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
substantially rehabilitating existing housing units elsewhere within the borders of the city
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements for the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
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(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing
some or all of the required units. The total amount of the fee allowed by this section shall
be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the
sum total of the number of habitable square feet within the entire project, as measured
from the exterior walls of the residential units. This calculation does not include exterior
hallways, common areas, landscape, open space or exterior stairways.
(i) In-Lieu Fee Schedule
Units Fee Per Square Foot of
Habitable Area
5 – 9 $610.00
10 – 14 $9.0011.66
15 – 19 $12.0013.32
20 or more $15.00
(ii) Local Skilled and Trained Workforce Incentive. The in-lieu fee for
fifteen (15) or more units shall be reduced if the developer voluntarily provides the City
with an executed enforceable commitment to use a “Skilled and Trained Workforce” as
defined in Public Contract Code section 2601 to complete the construction of the project
as follows:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance
of the first occupancy approval for any construction which adds net residential units. If
the city approves a phased project, a proportional share of the required fee shall be paid
within each phase of the residential project. The in-lieu fees collected by the city are city
funds over which the city has complete and absolute discretion.
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(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on-site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
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ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off-site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for
calculation. The common areas, exterior hallways, stairways, patios, and balconies shall
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not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off-site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of units most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a licensed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
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(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordable housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
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Ordinance No. NS-XXX
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1. The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
2. No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affordable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
funds policies and procedures. A priority will be on the creation of new affordable housing
opportunities for large families currently living in the City. Other eligible uses of the
inclusionary housing fund include but are not limited to:
(i) Creating affordable units from the existing market rate housing stock
including but not limited to, the purchase and rehabilitation of units.
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Ordinance No. NS-XXX
Page 14 of 17
(ii) Funding one-time programs for code enforcement, quality of life, and
general health and safety activities.
(iii) Implementing and promoting programs addressing housing security,
eviction prevention, and housing legal assistance for city residents.
(iv) Funding reasonable administrative or related expenses associated
with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre-home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer receiving funding from the inclusionary housing fund, as well
as its contractors and subcontractors at every tier performing work for the new housing
units is encouraged and should negotiate in good faith to provide the City with an
enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction
trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601 to complete the construction of the project and shall also include a
minimum of 35% of all work-hours for the project be performed in accordance with local
hire policies approved by the City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration as needed.
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
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(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to ensure
compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
City Council 29 –57 11/16/2021
Ordinance No. NS-XXX
Page 16 of 17
Sr. Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
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Ordinance No. NS-XXX
Page 17 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
City Council 29 –59 11/16/2021
Ordinance No. NS-XXX
Page 1 of 17
ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE REGARDING THE
HOUSING OPPORTUNITY ORDINANCE
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines,
and declares as follows:
A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.
NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I.
– Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of
the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to
implement the City’s Housing Element Goal of providing affordable housing within the
City.
B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881,
which amended the Housing Opportunity Ordinance in various respects, including
applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu
housing fee. These amendments were intended to make the inclusionary housing
requirements more predictable for housing developers and to incentivize the production
of more affordable housing.
C. In response to impacts of the COVID-19 pandemic on the development and
construction of housing in the City, including the reduction of housing starts, the City
Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS-
2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing
fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and
expand the eligible uses of in-lieu fees collected by the City.
D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee
for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity
Ordinance and recommended certain changes. The Ad Hoc Committee’s
recommendations were presented and discussed at the City Council Meeting on July 6,
2021.
E. On July 26, 2021, the City Council conducted a work-study session to
further evaluate the Committee’s recommendations and to receive input from key
stakeholders and members of the public. The City Council provided direction to staff to
prepare amendments to the Housing Opportunity Ordinance concerning the applicability
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Ordinance No. NS-XXX
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and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units,
and options for satisfaction of inclusionary requirements.
F. On September 7, 2021, the City Council further considered this matter and
provided additional direction to staff regarding proposed amendments to the Housing
Opportunity Ordinance.
G. At the City Council meeting of October 5, 2021, staff received direction to
initiate the adoption hearing in order for the City Council to consider the changes
recommended by the Housing Ad Hoc Committee.
H. On October 25, 2021, the Planning Commission held a duly noticed public
hearing on the proposed amendments and considered the staff report, recommendations
by staff, and public testimony concerning the proposed Ordinance. The Planning
Commission recommended that the City Council adopt the proposed Ordinance.
I. The Request for City Council Action for this Ordinance dated __________,
2021 and duly signed by the Executive Director of the Planning and Building Agency shall,
by this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony, constitute the necessary findings for
this ordinance.
Section 2. The City Council finds and determines that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as there is
no possibility it will have a significant effect on the environment and it is not a "project",
as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed
Ordinance falls within the "common sense" CEQA exemption set forth in CEQA
Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the
environment." Adoption of this Ordinance will not have a significant effect on the
environment because the proposed changes will only modernize, update, and clarify
existing affordable and inclusionary housing requirements responding to the current
economic and housing trends in the City and will not cause a physical change in the
environment.
Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is
hereby repealed in its entirety.
Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is
hereby reenacted and amended to read in its entirety as follows:
ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION
ORDINANCE
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Sec. 41-1900. Purpose.
This article establishes standards and procedures to encourage the development of
housing that is affordable to a range of households with varying income levels. The
purpose of this article is to encourage the development and availability of affordable
housing by requiring the inclusion of affordable housing units within new developments
when the number of units exceed the densities permitted under the general plan, zoning
classification, or the conversion of rental units to condominium ownership.
Sec. 41-1901. Definitions.
As used in this article, the following terms shall have the following meanings:
Adjusted for household size appropriate for the unit means a household of one person
in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3)
persons in the case of a two-bedroom unit, four (4) persons in the case of a three-
bedroom unit, and five (5) persons in the case of a four-bedroom unit.
Administrative procedures means those regulations promulgated by the executive
director pursuant to section 41-1910 of this article.
Affordable housing cost means the total housing costs paid by a qualifying household,
which shall not exceed the fraction of gross income specified, as follows:
Extremely low-income households. Thirty (30) percent of the income of a
household earning thirty (30) percent of the Orange County median income adjusted for
family size appropriate for the unit.
Very low-income households. Thirty (30) percent of the income of a household
earning fifty (50) percent of the Orange County median income adjusted for family size
appropriate for the unit.
Low-income households. Thirty (30) percent of the income of a household earning
eighty (80) percent of the Orange County median income for family size appropriate for
the unit.
Moderate-income households. Thirty (30) percent of the income of a household
earning one hundred twenty (120) percent of the Orange County median income adjusted
for family size appropriate for the unit.
The qualifying limits for extremely low-income, very low-income, low-income and
moderate-income households are established and amended annually pursuant to Section
8 of the United States Housing Act of 1937. The limits are published by the Secretary of
Housing and Urban Development.
Developer means any association, corporation, firm, joint venture, partnership,
person, or any entity or combination of entities, which seeks city approval for all or part of
a residential project.
Development agreement means an agreement approved by the city council between
a property owner and the city pursuant to Government Code section 65864, et seq.
Executive director means the executive director of community development for the
city.
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General plan means the adopted general plan for the City of Santa Ana.
Inclusionary housing agreement means a legally binding agreement between the
developer and the city, in a form and substance satisfactory to the executive director and
the city attorney, and containing those provisions necessary to ensure that the
requirements of this article are satisfied, whether through the provision of inclusionary
units or through an approved alternative method.
Inclusionary housing fund means the fund created by the city in which all fees collected
in compliance with this article shall be deposited.
Inclusionary housing plan means the plan submitted by the developer, in a form
specified by the executive director, detailing how the provisions of this article will be
implemented for the proposed residential project.
Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely
low, very low, low, or moderate-income households, at an affordable housing cost, in
compliance with this article.
Low-income units, very low-income units, and extremely low-income units means
inclusionary units restricted to occupancy by low, very low, and extremely low-income
households, respectively, at an affordable housing cost.
Market rate units means dwelling units in a residential project that are not inclusionary
units.
Moderate-income units means inclusionary units restricted to occupancy by
moderate-income households at an affordable housing cost.
Regulatory agreement means an agreement entered into between the City of Santa
Ana or the Santa Ana Community Development Agency and a developer by which the
developer covenants to keep certain housing units at an affordable housing cost for a
specified period of time.
Rehabilitated units/rehabilitation means the improvement of a unit in substandard
condition to a decent, safe and sanitary level. Units are in substandard condition when,
while they may be structurally sound, they do not provide safe and adequate shelter, and
in their present condition endanger the health, safety or well-being of the occupants.
Residential project/project means any of the following:
A subdivision resulting in the creation of five (5) or more residential lots or
residential condominium units; or
The new construction of a project consisting of five (5) or more multi-family units;
or
The new construction of five (5) or more separate houses or dwelling units; or
The conversion of five (5) or more existing residential rental units to condominium
ownership.
Target area means that area designated by the city from time to time, on an as-needed
basis, as a priority area for rehabilitation due to health and safety concerns.
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Total housing costs the total monthly or annual recurring expenses required of a
household to obtain shelter. For a rental unit, total housing costs shall include the monthly
rent payment and utilities paid by the tenant (excluding telephone and television). For an
ownership unit, total housing costs shall include the mortgage payment (principal and
interest), insurance, homeowners' association dues (if applicable), private mortgage
insurance (if applicable), taxes, utilities, an allowance for maintenance and any other
related assessments.
Sec. 41-1902. Applicability and inclusionary unit requirements.
(a) Applicability. The requirements of this article shall apply to any new project
comprised of five (5) or more residential lots or residential units, including new
construction and condominium conversions, which meets one or all of the following
applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or
zoning prescribed densities or percentage of residential development of the subject
property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential
development allowed as a result of city initiated zone changes or city initiated general
plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a
mixed-use development above the percentage permitted under the zoning classification
at the time of application.
(4) Development of new residential uses or increase of the permitted residential
density or percentage of residential development within an overlay zone approved
pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership.
(b) Applications. The inclusionary requirements shall only apply to the incremental
units beyond that which is allowed as prescribed in Subsection (a) above.
(c) Units for sale. If the new residential project consists of units for sale, then a
minimum of ten (10) percent of the total number of units in the project shall be sold to
moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary
units shall be constructed as follows:
(1) A minimum of twenty (20) percent of the units shall be rented to low-income
households, or
(2) A minimum of fifteen (15) percent shall be rented to very low-income
households, or
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(3) A minimum of ten (10) percent shall be rented to extremely low-income
households, or
(4) A minimum of fifteen (15) percent shall be available at an affordable housing
cost of which five (5) percent rented to low-income households, five (5) percent rented to
very low-income households, and five (5) percent rented to extremely low-income
households.
(e) Rounding of quantities in calculations. In calculating the required number of
inclusionary units, fractional units shall be rounded-up to the next whole unit. The
developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional
units, which shall be calculated based on the number of habitable square feet applicable
in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of
this article, any residential project subject to this article that results in the displacement of
extremely low, very low and/or low-income household(s) shall be required to provide on-
site inclusionary units as required by this article.
(g) Compliance with article. All inclusionary units required by this article shall be sold
or rented in compliance with this article.
Sec. 41-1903. Exempt projects.
The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a
development agreement under applicable provisions of the California Government Code
that expressly provides for an exclusion to this article, provides for a different amount of
inclusionary units, or provides for a different specified method for determining the in-lieu
fee provisions of this ordinance, such as the timing of payment or the point in time for
determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that
specified by this article.
(b) Project with regulatory agreement. A residential project for which a regulatory
agreement has been approved, provided that the regulatory agreement is effective at the
time the residential project would otherwise be required to comply with the requirements
of this article, and there is no uncured breach of the regulatory agreement before issuance
of a certificate of occupancy for the project. This may include a residential project that has
obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such
projects cannot be used to satisfy the inclusionary requirement for another project.
(c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41,
Article XVI.II - Adaptive Reuse.
(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994
Adopted on September 1, 2020. A development project that has received entitlement
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approvals by city council action prior to November 16, 2021 to construct new residential
units is hereby determined to have vested the right to carry out the completion and
construction of the project under the regulations and provisions of Ordinance No. NS-
2994. The vested regulations and provisions in accordance with this section shall
terminate if any or all of the entitlement approvals become invalid for any reasons or have
expired under the various applicable time limits established in the Santa Ana Municipal
Code. A list these projects and the vested right(s) under Ordinance No. NS-2994 are
attached hereto as Exhibit A and is incorporated herein by reference.
Sec. 41-1904. Options to satisfy inclusionary requirements.
(a) On-site units. The primary means of complying with the inclusionary requirements
of this article shall be the provision of on-site inclusionary units in accordance with section
41-1902 above. A developer may only satisfy the requirements of this article by means of
an alternative to on-site inclusionary units in accordance with the requirements and
procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for
the project, in whole or in part by constructing the required new inclusionary housing at a
different location within the city borders at the ratio of one square foot of habitable
inclusionary unit space for each required habitable square foot. While the total habitable
square footage area of the required new inclusionary units must be the same as the sum-
total of the number of habitable square feet for the project as directed by this ordinance,
the number of units and bedrooms associated with the off-site units may be approved by
the review authority of the city, consistent with the type of affordable housing needed at
the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may
satisfy the inclusionary unit requirements for the project, in whole or in part by
substantially rehabilitating existing housing units elsewhere within the borders of the city
at a rate of one and one-half (1½) habitable square feet per each required habitable
square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the
developer may satisfy the inclusionary unit requirements for the project, in whole or in
part by substantially rehabilitating existing housing units elsewhere within the borders of
the city at a rate of one habitable square foot per each required habitable square foot of
affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more
residential lots or residential units, the developer may elect to satisfy the inclusionary unit
requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing
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some or all of the required units. The total amount of the fee allowed by this section shall
be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the
sum total of the number of habitable square feet within the entire project, as measured
from the exterior walls of the residential units. This calculation does not include exterior
hallways, common areas, landscape, open space or exterior stairways.
(i) In-Lieu Fee Schedule
Units Fee Per Square Foot of
Habitable Area
5 – 9 $10.00
10 – 14 $11.66
15 – 19 $13.32
20 or more $15.00
(ii) Local Skilled and Trained Workforce Incentive. The in-lieu fee for
fifteen (15) or more units shall be reduced if the developer voluntarily provides the City
with an executed enforceable commitment to use a “Skilled and Trained Workforce” as
defined in Public Contract Code section 2601 to complete the construction of the project
as follows:
Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is
calculated, determined, and set at the time of issuance of the first building permit for the
project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance
of the first occupancy approval for any construction which adds net residential units. If
the city approves a phased project, a proportional share of the required fee shall be paid
within each phase of the residential project. The in-lieu fees collected by the city are city
funds over which the city has complete and absolute discretion.
(3) Inclusionary housing fund. Fees collected in compliance with this section
shall be deposited in the inclusionary housing fund.
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Sec. 41-1904.1. Inclusionary housing development incentives for production of
units.
(a) In order to make the production of new inclusionary units on-site or off-site or off-
site rehabilitated units, certain incentives, standards and concessions shall be allowed
and prescribed as set forth herein below. Such concessions shall not be available to those
developers that choose to pay an in lieu fee rather than build the units. The developer
may opt to take advantage of up to two (2) concessions among the following possible
concessions:
(1) Parking concession. One on-site parking space for each zero to one
bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit;
two and one-half (2½) parking spaces for each four (4) or more bedroom unit.
(2) Concession on one of the following Zoning Code site development
standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on
subject property;
(ii) Height increase of up to twenty (20) additional feet.
(b) A developer of a for sale residential project proposing to provide on-site moderate
income units and a surrounding community benefit may opt to take advantage of up to
three (3) of the above concessions. The surrounding community benefit will include but
not be limited to park improvements, urban community gardens, developer-funded down
payment assistance, or subsidy of services, activities or programs.
Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following
requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary
housing plan in a form specified by the executive director, detailing how the provisions of
this article will be implemented for the proposed residential project. The inclusionary
housing plan and its supportive documents, plans, and details shall be submitted at the
same time as the site plan and application materials for the original project. All
inclusionary housing plans shall be subject to the approval of the executive director and
subject to appeal processes and procedures set forth in the Santa Ana Municipal Code.
2) Inclusionary housing agreement. The developer shall execute and cause to
be recorded an inclusionary housing agreement. The inclusionary housing agreement
shall be a legally binding agreement between the developer and the city, executed by the
city manager, or his or her designee, and in a form and substance satisfactory to the
executive director and the city attorney, and containing those provisions necessary to
ensure that the requirements of this article are satisfied, whether through the provision of
inclusionary units or through an approved alternative method.
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(b) Discretionary approvals. No discretionary approval shall be issued for a residential
project subject to this article until the developer has submitted an inclusionary housing
plan.
(c) Issuance of building permit. No building permit shall be issued for a residential
project subject to this article unless the executive director has approved the inclusionary
housing plan, and any required inclusionary housing agreement has been recorded.
(d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued
for a residential project subject to this article unless the approved inclusionary housing
plan has been fully implemented.
Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units
shall be:
(1) Reasonably dispersed throughout the residential project;
(2) Proportional, in number of bedrooms, gross floor area of habitable space,
and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in
terms of design, materials, finished quality, and appearance; and
(4) Permitted the same access to project amenities and recreational facilities,
as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be
constructed concurrent with, or before the construction of the market rate units. If the city
approves a phased project, a proportional share of the required inclusionary units shall
be provided within each phase of the residential project.
(c) Location outside the proposed original project. For projects where the developer
proposes to either produce new inclusionary units or rehabilitate existing off-site units to
meet the inclusionary affordable housing requirements of this ordinance, the off-site
project(s) containing the required inclusionary units shall be subject to the following
requirements:
(1) The sum-total area (in habitable square feet) of all the newly constructed
off-site inclusionary units shall be the same number of habitable square feet of
inclusionary area as required by this ordinance. For the purpose of the calculation of the
number of square feet of required inclusionary housing, the total gross habitable square
feet of the housing units of the original market rate project shall be used, as measured
from exterior walls to exterior walls of the market units provided as the base for
calculation. The common areas, exterior hallways, stairways, patios, and balconies shall
not be calculated in determining the number of required square feet of inclusionary
housing production. All new or rehabilitated units must meet all current zoning and
general plan standards.
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(2) While the total number of square feet of inclusionary housing requirement
is calculated based on the requirements of this ordinance, the number of units, bedrooms
and other amenities on the proposed off-site inclusionary housing location shall be
approved by the review authority commensurate with the size and type of units most in
demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially
comparable to the market rate units included in the residential project in terms of quality
of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the
inclusionary unit requirement, the developer shall be responsible for relocation costs as
required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any
kind shall be expended on the production or building of any inclusionary housing projects
associated with meeting the inclusionary unit requirement.
(d) Timing of construction. All inclusionary units in a residential project or proposed
off-site new inclusionary units or rehabilitated units shall be constructed concurrent with,
or before the construction of the market rate units. If the city approves a phased project,
a proportional share of the required inclusionary units shall be provided within each phase
of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to
the target income level group at the applicable affordable housing cost for a minimum of
fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an
inclusionary unit offered for sale shall certify, on a form provided by the city, the income
of the purchaser and that such owners will live in such inclusionary unit as their primary
residence.
(3) Resale price control. In order to maintain the availability of inclusionary units
required by this article, the resale price of an owner occupied inclusionary unit shall be
limited to the lesser of the fair market value of the unit as established by a licensed real
estate agent based upon three (3) comparable properties or the restricted resale price.
For these purposes, the restricted resale price shall be the applicable affordable housing
cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owner-
occupied inclusionary unit, title in the property may transfer to the surviving joint tenant
or heir (in the case of the death of a sole owner or all owners of the household).
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(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of
the resale price controls required by this section, the buyer and the seller shall be jointly
and severally liable to the city for the amount in excess of the affordable housing cost at
the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the
inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and
seller to cure any violation of the resale price controls within one hundred eighty (180)
days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain
restricted to the target income level group at the applicable affordable housing cost for
fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall
certify, on a form provided by the city, the income of all members of the household above
the age of eighteen (18) at the time of the initial rental and annually thereafter.
(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this
article shall be required to forfeit to the city all money so obtained. Recovered funds shall
be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the
execution and recording of whatever documents are required to ensure enforcement of
this section; including, but not limited to, promissory notes, deeds of trust, resale
restrictions, rights of first refusal, options to purchase, and/or other documents, which
shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess
of the maximum amount allowed by any restriction placed on the unit in accordance with
this article.
(2) No person shall sell or rent an inclusionary unit to a person or persons that
do not meet the income restrictions placed on the unit in accordance with this article.
(3) No person shall provide false or materially incomplete information to the city
or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which
that person is not eligible.
(i) Principal residency requirement.
1. The owner or lessee of an inclusionary unit shall reside in the
unit for not less than ten (10) out of every twelve (12) months.
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2. No owner or lessee of an inclusionary unit shall lease or
sublease, as applicable, an inclusionary unit without the prior permission of the executive
director.
Sec. 41-1907. Reserved.
Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor.
(b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this
article shall be required to forfeit any money in excess of the affordable housing cost at
such time. Any individual who rents an inclusionary unit in violation of this article shall be
required to forfeit all money so obtained. Recovered funds shall be deposited into the
inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings
necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit,
certificate of occupancy, or discretionary approval; and
(2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing
agreement recorded hereunder, the city shall be entitled to recover its reasonable
attorney's fees and costs.
Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city,
to be known as the inclusionary housing fund. All monies collected pursuant to this article
shall be deposited in the inclusionary housing fund. Additional monies from other sources
may be deposited in the inclusionary housing fund. The monies deposited in the
inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to
increase and improve the supply of housing affordable to moderate, low, very low, and
extremely low income households in the city as specified in the city's affordable housing
funds policies and procedures. A priority will be on the creation of new affordable housing
opportunities for large families currently living in the City. Other eligible uses of the
inclusionary housing fund include but are not limited to:
(i) Creating affordable units from the existing market rate housing stock
including but not limited to, the purchase and rehabilitation of units.
(ii) Funding one-time programs for code enforcement, quality of life, and
general health and safety activities.
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(iii) Implementing and promoting programs addressing housing security,
eviction prevention, and housing legal assistance for city residents.
(iv) Funding reasonable administrative or related expenses associated
with the administration of this article.
(2) The fund shall be administered by the executive director, or his or her
designee, who may develop procedures in the city's affordable housing funds policies and
procedures to implement the purposes of the inclusionary housing fund consistent with
the requirements of this article and any adopted budget of the city.
(3) Monies deposited in accordance with this section shall be used in
accordance with the affordable housing funds policies and procedures, housing element,
consolidated plan, or subsequent plan adopted by the city council to construct,
rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of
market conversion, or to assist other government entities, private organizations, or
individuals to do so. Permissible uses include, but are not limited to, assistance to housing
development corporations, equity participation loans, grants, pre-home ownership co-
investment, pre-development loan funds, participation leases, or other public-private
partnership arrangements. The inclusionary housing fund may be used for the benefit of
both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall
implement a local preference in their resident selection criteria and marketing policies
meeting guidelines established by the executive director.
(5) A developer receiving funding from the inclusionary housing fund, as well
as its contractors and subcontractors at every tier performing work for the new housing
units is encouraged and should negotiate in good faith to provide the City with an
enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction
trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract
Code section 2601 to complete the construction of the project and shall also include a
minimum of 35% of all work-hours for the project be performed in accordance with local
hire policies approved by the City Council.
Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing in-
lieu fee shall be subject to city council review and consideration as needed.
(b) Administration fees. The council may by resolution establish reasonable fees and
deposits for the administration of this article including an annual monitoring fee and an
inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city
will monitor the project to ensure that the income verifications are correct and in
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compliance with the inclusionary housing administrative procedures. For ownership units,
the city shall monitor to verify that owner-occupancy requirements are maintained.
Developer/property owners are required to cooperate with the city in promptly providing
all information requested by the city in monitoring compliance with program requirements.
The city will conduct periodic random quality control audits of inclusionary units to ensure
compliance with rules and requirements. Such audits may include verification of
continued occupancy in inclusionary units by eligible tenants, compliance with the
inclusionary housing plan and agreement, and physical inspections of the residential
project.
(e) Administrative procedures. The city manager is hereby authorized and directed
to promulgate administrative procedures for the implementation of this article.
Secs. 41-1911—41-1999. Reserved.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 6. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 7. The Clerk of the Council shall certify the adoption of this ordinance
and shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
City Council 29 –74 11/16/2021
Ordinance No. NS-XXX
Page 16 of 17
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
City Council 29 –75 11/16/2021
Ordinance No. NS-XXX
Page 17 of 17
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-____________ to be the original ordinance adopted by the City
Council of the City of Santa Ana on _______________, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
City Council 29 –76 11/16/2021
2021 List of Entitled Projects Vested Under the
Regulations and Provisions of Ordinance No. NS-2994
The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action
prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the
completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested
regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or
have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19
pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference.
Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994
No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements
1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required
under NS-2994 or payment of in-lieu of
$5/sf
2. 301 N. Mountain View Street Mountain View
Townhomes
8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in-lieu payment under a project
Mutual Declaration
5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
6. 2800 N. Main Street/Specific
Plan No. 4
MainPlace Mall
Transformation 1,900
residential units
1,900 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
7. 419 N. Harbor Boulevard
(previously 421 N. Harbor
Boulevard)
Fifth and Harbor
Mixed Use Apartments
94 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf
The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior
to November 16, 2021, but did not triggered HOO provisions and have been identified herein for implementation clarity.
Table 2. Entitled Projects Not Triggering HOO requirements
No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements
1. 201 W. Third Street 3rd and Broadway 171 HOO provisions not applicable to project
2. 409 E. Fourth Street and 509 E.
Fourth Street
4th and Mortimer 169 HOO provisions not applicable to project
3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project
4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project
5. 114 E. Fifth Street and 115 E.
Fifth Street
Rafferty (4th + Main) 220 HOO provisions not applicable to project
City Council 29 –77 11/16/2021
PART II ‐ THE CODE Chapter 18 ‐ HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL
LICENSE
Santa Ana, California, Code of Ordinances Created: 2021‐07‐14 10:10:37 [EST] (Supp. No. 25)
Page 1 of 7
ARTICLE III. TOBACCO RETAIL LICENSE
Sec. 18‐90. Definitions.
The following words and phrases, whenever used in this article, shall have the meanings
defined in this section unless the context clearly requires otherwise:
(a) "Department" means the Santa Ana Police Department.
(b) "Chief" means the Chief of Police or designee.
(c) “Delivery sale” means the sale of any tobacco product to any person for personal
consumption and not for resale when the sale is conducted by any means other than an in‐
person, over‐the‐counter sales transaction in a tobacco retail establishment. Delivery sale
includes the sale of any tobacco product when the sale is conducted by telephone, other voice
transmission, mail, the internet, or app‐based service. Delivery sale includes delivery by
licensees or third parties by any means, including curbside pick‐up.
(d) “Electronic smoking device” means any device that may be used to deliver any
aerosolized or vaporized substance to the person inhaling from the device, including, but not
limited to, an e‐cigarette, e‐cigar, e‐pipe, vape pen, or e‐hookah. Electronic smoking device
includes any component, part, or accessory of the device, and also includes any substance that
may be aerosolized or vaporized by such device, whether or not the substance contains
nicotine. Electronic smoking device does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug, and Cosmetic Act.
(e) “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other
than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior
to, or during the consumption of, a tobacco product, including, but not limited to, any taste or
smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses,
or any candy, dessert, alcoholic beverage, herb, or spice.
(fc) "Person" means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity, and includes the
definition of "person" found in Section 1‐2 of the Code.
(g) “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced
by a pharmacist licensed by the State of California in accordance with the Business and
Professions Code and where prescription pharmaceuticals are offered for sale, regardless of
whether the retail establishment sells other retail goods in addition to prescription
pharmaceuticals.
Commented [PHLC1]: Note that in crafting an ordinance,
our model ordinance contains numerous helpful findings
you may want to include on the rationale and effectiveness
of flavor prohibitions, pharmacy sales prohibitions, and
density restrictions, among others.
City Council 30 –1 11/16/2021
(hd) "Proprietor" means a person with an ownership or managerial interest in a business. An
ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater
interest in the stock, assets, or income of a business other than the sole interest of security for
debt. A managerial interest shall be deemed to exist when a person can or does have or share
ultimate control over the day‐to‐day operations of a business.
(i) “Recreation Facility” means an area, place, structure, or other facility that is used either
permanently or temporarily for community recreation, even though it may be used for other
purposes, and includes but is not limited to a gymnasium, playing court, playing field, and
swimming pool.
(e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking,
preparation, storing, or consumption of tobacco products.
(jf) Tobacco product" means: (1) any substance containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be consumed leaf, whether
inhaled, absorbed, or ingested by any other means, including but not limited to cigarettes,
cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any
other preparation of tobacco; or (2) any electronic smoking device and any substances that may
be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
(3) any component, part, or accessory of (1) or (2), whether or not any of these contains
tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps,
hookahs, mouthpieces, and pipes. any product or formulation of matter containing biologically
active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed
with the expectation that the product or matter will be introduced into the human body, but
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale
by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug,
and Cosmetic Actinclude any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco product dependence.
(kg) "Tobacco retailer" means any person or business who sells, offers for sale, or does or offers
to exchange for any form of consideration, tobacco, tobacco products, , or tobacco
paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco
paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is
without regard to the quantity of tobacco, tobacco products , or tobacco paraphernalia sold,
offered for sale, exchanged, or offered for exchange.
(l) “Youth‐Oriented Facility” means a parcel in the city that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school;
(2) a library open to the public;
(3) a playground open to the public;
(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive,
come together for programs and activities;
City Council 30 –2 11/16/2021
(5) a recreation facility open to the public;
(6) a park open to the public or to all the residents of a private community; or
(7) a licensed child‐care facility or preschool [other than a small‐family day care home or
a large‐family day care home [as defined in California Health & Safety Code § 1596.78]],
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐91. Tobacco retailer license.
(a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the
sale of tobacco products or tobacco paraphernalia, without obtaining and maintaining a valid
tobacco retailer's license pursuant to this article for each location at which that activity is to
occur.
(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or employee thereof to
violate any local, state, or federal tobacco‐related law.
(c) Each day on which a prohibited act occurs shall constitute a separate violation.
(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's agents or
employees, to violate any local, state, or federal law applicable to sale, display or advertising of
tobacco products, tobacco paraphernalia, or tobacco retailing.
(e) Each tobacco retailer license shall be prominently displayed in a publicly visible location at
the licensed location.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐92. Limits on tobacco retail license.
(a) No license shall be issued to authorize tobacco retailing at other than a fixed business place.
Tobacco retailing by persons on foot or from vehicles is prohibited.
(b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco
retailer license suspension is in effect or during a period of ineligibility following a revocation.
(c) ON‐SITE SALES. All sales of tobacco products shall be conducted in‐person in the licensed
location. It shall be a violation of this article for any tobacco retailer or any of the tobacco
retailer’s agents or employees to engage in the delivery sale of tobacco products or to
knowingly or recklessly sell or provide tobacco products to any person that intends to engage in
the delivery sale of the tobacco product in the city.
(d) PHARMACIES. No license shall be issued, and no existing license may be renewed, to
authorize tobacco retailing in a pharmacy.
(e) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco
retailer to sell any flavored tobacco product. A public statement or claim made or disseminated
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City Council 30 –3 11/16/2021
by the manufacturer of a tobacco product, or by any person authorized or permitted by the
manufacturer to make or disseminate public statements concerning such tobacco product, that
such tobacco product has a taste or smell other than tobacco shall constitute presumptive
evidence that the tobacco product is a flavored tobacco product.
(f) PROXIMITY TO YOUTH‐ORIENTED FACILITIES. No license shall be issued, and no existing
license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth‐ oriented
facility as measured by a straight line from the nearest point of the property line of the parcel
on which the youth‐oriented facility is located to the nearest point of the property line of the
parcel on which the applicant’s business is located.
(g) PROXIMITY TO OTHER TOBACCO RETAILERS. No license shall be issued, and no existing
license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer
location already licensed pursuant to this article as measured by a straight line from the nearest
point of the property line of the parcel on which the applicant’s business is located to the
nearest point of the property line of the parcel on which an existing licensee’s business is
located.
(h) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the city shall be limited to one for each [
2,500 ] inhabitants of the city.
(2) For the purposes of this subsection, the total population of the city shall be determined by
the most current published total available from the U.S. Census Bureau or the California State
Department of Finance, whichever has been more recently updated, as of the date the license
application is filed.
(3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer
licenses already issued equals or exceeds the total number authorized pursuant to subsection
(1).
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐93. Application procedure.
(a) Application for a tobacco retailer's license shall be submitted in the name of each proprietor
proposing to conduct retail tobacco sales and shall be signed by each proprietor or an
authorized agent thereof.
(b) It is the responsibility of each proprietor to be informed regarding all laws applicable to
tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license.
(c) No proprietor may rely on the issuance of a license as a determination by the City that the
proprietor has complied with all laws applicable to tobacco retailing.
(d) A license issued contrary to this article, contrary to any other law, or on the basis of false or
misleading information supplied by a proprietor shall be revoked pursuant to section 18‐101.
Commented [PHLC2]: This is our standard
recommendation, but since Santa Ana is so large, it may
wish to consider setting a lower limit (higher population per
retailer). Our model ordinance has helpful findings about
the effectiveness of density restrictions that could be worth
adding to an ordinance.
City Council 30 –4 11/16/2021
(e) Nothing in this article shall be construed to vest in any person obtaining and maintaining a
tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any
provision of law.
(f) All applications shall be submitted on a form supplied by the chief and shall contain the
following information:
(1) The name, address, and telephone number of each proprietor of the business that is seeking
a license.
(2) The business name, address, and telephone number of the single fixed location for which a
license is sought.
(3) A single name and mailing address authorized by each proprietor to receive all
communications and notices (the "authorized address") required by, authorized by, or
convenient to the enforcement of this article. If an authorized address is not supplied, each
proprietor shall be understood to consent to the provision of notice at the business address
specified in subparagraph (2).
(4) Proof that the location for which a tobacco retailer's license is sought has been issued a valid
state tobacco retailer's license by the California Board of Equalization.
(5) Whether a proprietor has previously been issued a license pursuant to this article that is or
was at any time suspended or revoked and, if so, the dates and locations of all such suspensions
or revocations.
(6) Such other information as the chief deems reasonably necessary for the administration or
enforcement of this article.
(7) All information required to be submitted in order to apply for a tobacco retailer's license
shall be updated with the chief whenever the information changes. A tobacco retailer shall
provide the Chief with any updates within ten (10) business days of a change.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐94. Issuance of tobacco retail license.
Upon the receipt of a complete application for a tobacco retailer's license and the license fee
required by this article, the chief shall issue a tobacco retail license unless one or more of the
following exists:
(a) The information presented in the application is inaccurate or false. Intentionally supplying
inaccurate or false information shall be a violation of this article; or
(b) The application seeks authorization for tobacco retailing at a location for which a suspension
is in effect pursuant to this article, for which a license has been revoked pursuant to this article,
or for which this article otherwise prohibits issuance of tobacco retailer licenses; or
(c) The application seeks authorization for tobacco retailing for a proprietor to whom a
suspension is in effect pursuant to this article for the subject location or another location,
City Council 30 –5 11/16/2021
whose license has been revoked pursuant to this article for the subject location or another
location, or to whom this article otherwise prohibits a tobacco retailer license to be issued.
(d) The city has information that the proprietor or his or her agent or employee has violated
any local, state or federal tobacco control law, including this Article, within the preceding
twelve (12) months.
(e) The application seeks authorization for tobacco retailing that is prohibited pursuant to this
article, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local,
state, or federal law.
(f) Any denial of an application shall be in writing setting forth the reasons for denial of the
permit. Such denial shall be subject to appeal in accordance with section 18‐102.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐95. License renewal and expiration.
(a) A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the
term of the license has not expired. The term of a tobacco retailer license is one year beginning
each fiscal year on April 1 and ending on March 31 of the following year. Each tobacco retailer
shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no
later than thirty (30) days prior to expiration of the term.
(b) A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To
reinstate a license that has expired, or to renew a license not timely renewed pursuant to
subparagraph (a), the proprietor must:
(1) Submit the license fee plus a reinstatement fee of ten percent (10%) of the license fee;
(2) Submit a signed affidavit affirming that the proprietor:
(A) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license
expiration date and before the license is renewed; or
(B) Has waited the appropriate ineligibility period established for tobacco retailing without a
license, as set forth in subsection 18‐101(a), before seeking renewal of the license.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐96. License nontransferable.
(a) A tobacco retailer's license may not be transferred from one person to another or from one
location to another. Whenever a tobacco retailing location has a change in proprietors a new
tobacco retailer's license is required.
(b) Notwithstanding any other provision of this article, prior violations at a location shall
continue to be counted against a location and license ineligibility periods shall continue to apply
to a location unless:
City Council 30 –6 11/16/2021
(1) The location has been fully transferred to a new proprietor or fully transferred to entirely
new proprietors; and
(2) The new proprietor(s) provides the city with clear and convincing evidence that the new
proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in
this section, the term "arm's length transaction" shall mean a sale in good faith and for valuable
consideration that reflects the fair market value in the open market between two informed and
willing parties, neither of which is under any compulsion to participate in the transaction. A sale
between relatives, related companies or partners, or a sale for which a significant purpose is
avoiding the effect of the violations of this article is not an arm's length transaction.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐97. Fees for license.
The fee to issue or to renew a tobacco retailer's license shall be set by resolution of the city
council from time to time. The fee shall be calculated so as not to exceed that amount which
would recover the total cost of both license administration and license enforcement, including,
for example, issuing the license, administering the license program, retailer education, retailer
inspection and compliance checks, documentation of violations, and prosecution of violators.
All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be
required by law.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐98. Suspension or revocation of license by chief of police.
(a) In addition to any other remedy authorized by law, a tobacco retailer's license may be
suspended and eventually revoked if the chief finds pursuant to this article that the licensee, or
any of the licensee's agents or employees, has violated any of the requirements, conditions, or
prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a
violation of any law designated in subsection 18‐91(d). During any period of license suspension,
the retailer must remove all tobacco products from public view.
(b) Time period of suspension of license.
(1) Upon the first time that the chief makes a finding as set forth in subsection (a), the tobacco
retailer's license shall be suspended for up to sixty (60) days;
(2) Upon the second time that the chief makes a finding as set forth in subsection (a)within sixty
(60) months of the first determination, the tobacco retailer's license shall be suspended for one
hundred twenty (120) days;
(3) Upon the third time that the chief makes a finding as set forth in subsection (a) of this
section within sixty (60) months of the prior determination, the tobacco retailer's license shall
be suspended one hundred and eighty (180) days;
City Council 30 –7 11/16/2021
(4) Upon the fourth and each subsequent time that the chief makes a finding as set forth in
subsection (a) within sixty (60) months of the prior determination, the tobacco retailer's license
shall be revoked, and no new license may issue for the location until five (5) years have passed
from the date of revocation.
(c) Revocation of license issued in error. A tobacco retailer's license shall be revoked if the chief
finds, after written notice and opportunity to be heard, that one or more of the bases for denial
of a license under section 18‐94 existed at the time of application was made or at any time
before the license was issued. The decision by the chief shall be final. The revocation shall be
without prejudice to the filing of a new application for license.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐99. Notice of intended decision.
(a) Upon determining the existence of any of the grounds for suspension or revocation of a
license, the chief shall issue to the license holder a notice of intended decision.
(b) The notice of intended decision shall state all the grounds upon which the revocation or
suspension is based.
(c) The notice of intended decision shall advise the permit holder that the suspension or
revocation shall become final unless the licensee files a written request for hearing before the
chief within ten (10) calendar days of the date of service of the notice of intended decision.
(d) The notice of intended decision shall specify the effective date of the suspension or
revocation.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐100. Procedure for hearing before the chief.
(a) The written request for a hearing before the chief must be received by the chief within ten
(10) calendar days of the date of service of the notice of intended decision.
(b) Upon timely receipt of a written request for a hearing, the chief shall schedule a hearing
which shall be held no later than thirty (30) calendar days after receipt of a timely request for
hearing.
(c) The chief shall serve a notice of hearing on the licensee at least ten (10) calendar days prior
to the scheduled date of the hearing.
(d) At the hearing before the chief, or before a hearing officer at the chief's option, the licensee
shall be given the opportunity to present witnesses and relevant documentary evidence.
(e) The hearing will be conducted informally and the technical rules of evidence shall not apply.
Any and all evidence which the chief or hearing officer deems reliable, relevant and not unduly
repetitious may be considered.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
City Council 30 –8 11/16/2021
Sec. 18‐101. Decision of the chief.
(a) The Chief or hearing officer shall serve on the licensee a written decision sustaining,
reversing or modifying the chief's intended decision.
(b) The decision by the chief or hearing officer after hearing shall become final unless the
licensee files an appeal within the time period specified in section 18‐102.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐102. Chapter 3 appeal.
(a) If a licensee is dissatisfied with the written decision of the chief, the licensee may file a
written appeal to the city.
(b) The appeal must be in writing on a form provided by the city and must be received by the
clerk of the council within ten (10) calendar days of notification of the chief's decision.
(c) The appeal, including its hearing, shall be conducted in accordance with chapter 3.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐103. Tobacco retailing without a license—Seizure.
(a) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this
article are subject to seizure by the chief or any peace officer and shall be forfeited after the
licensee and any other owner of the tobacco products and tobacco paraphernalia seized is
given reasonable notice and an opportunity to demonstrate that the tobacco products and
tobacco paraphernalia were not offered for sale or exchange in violation of this article.
(b) Forfeited tobacco products and tobacco paraphernalia shall be maintained and destroyed
pursuant to the chief's policy for seized evidence.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐104. Enforcement.
(a) The remedies provided by this article are cumulative and in addition to any other remedies
available at law or in equity.
(b) Whenever evidence of a violation of this article is obtained in any part through the
participation of a person under the age of eighteen (18) years old, such a person shall not be
required to appear or give testimony in any civil or administrative process brought to enforce
this article and the alleged violation shall be adjudicated based upon the sufficiency and
persuasiveness of the evidence presented.
(c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article
shall also constitute a violation of this article.
City Council 30 –9 11/16/2021
(d) Violations of this article are hereby declared to be public nuisances.
(e) In addition to other remedies provided by this article or by other law, any violation of this
article may be remedied by a civil action brought by the city attorney.
(f) Compliance with this article shall be monitored by the Department. In addition, the city may
designate additional persons to monitor compliance with this chapter. All licensed premises
must be open to inspection by county staff or designated persons during regular business
hours.
(g) The Department shall inspect each tobacco retailer at least [ 3 ] times per 12 month period
to ensure compliance with this article.
(h) The city will conduct at least [ one ] compliance check per 12‐month period that involves the
participation of persons between the ages of 18 and 20 to enter licensed premises to attempt
to purchase tobacco products.
(i) Nothing in this section shall create a right of action in any licensee or other person against
the city or its agents.
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐105. Notice.
Whenever a notice is required to be given under this article, it shall be made as provided in this
Code, and addressed to such person to be notified at the authorized address provided in the
application for a tobacco retail license pursuant to subsection 18‐93(f)(3), or if an authorized
address is not supplied, to the business address provided pursuant subsection 18‐93 (f)(2).
(Ord. No. NS‐2729, § 2, 11‐20‐06)
Sec. 18‐XXX. Limited, Conditional Privilege.
Nothing in this article shall be construed to grant any person obtaining and maintaining a
tobacco retailer’s license any status or right other than the limited conditional privilege to act
as a tobacco retailer at the location in the County identified on the face of the permit. Nothing
in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any
other provision of applicable law.
Secs. 18‐106—18‐150. Reserved.
City Council 30 –10 11/16/2021
Community Development Agency
santa-ana.org/cd
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: On-Call Agreements for Affordable Housing Financial, Analytical, and Advisory
Services
AGENDA TITLE:
Approve Agreements with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc. for On-Call Affordable Housing Financial, Analytical and Advisory Services
on an As–Needed Basis in a Shared Amount not to exceed $250,000
RECOMMENDED ACTION
CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint on-call consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates, and
RSG, Inc., for a three-year term beginning on November 16, 2021, through November 1,
2024, in a total shared amount not to exceed $250,000, subject to non-substantive
changes approved by the City Manager, Executive Director, and City Attorney.
DISCUSSION
On September 7, 2021, the City of Santa Ana issued a Request for Qualifications (RFQ
# 21-107) for affordable housing financial, analytical, and advisory services from
professional consulting firms to provide financial analytical and advisory services for
general multifamily affordable housing financial advisory services, general single family
affordable housing program financial analytical services, multifamily and/or single family
bond issuance financial advisory services, and the City’s inclusionary housing program.
The RFQ was posted on the City’s website and the City's Planet Bids portal. Letters
announcing the RFQ were sent by e-mail to individuals and firms who had previously
requested to be informed of such opportunities as well as other firms that staff identified
through research.
The Community Development Agency received four proposals before the submission
deadline which, following a minimum threshold review by staff, met the minimum
requirements of the RFQ. For evaluation purposes, staff formed a Review Panel
consisting of four staff from the Community Development Agency. The Review Panel
met on September 29, 2021 to review the proposals. Each proposal was evaluated by
the Review Panel based upon the evaluation criteria in the RFQ. The following table
City Council 2 –1 11/16/2021
On-Call Agreements for Housing Financial, Advisory and Analytical Services
November 16, 2021
Page 2
2
2
2
7
summarizes the results of the evaluation by the Review Panel, providing the average
score and ranking for each proposal:
Rank Proposal Submitted By Average Score*
1 Keyser Marston Associates 96.75
2 DRA-David Paul Rosen & Associates 78.75
3 RSG, Inc.77.75
4 EcoNorthwest 77.25
* Maximum score is 100 points
In accordance with the RFQ, staff recommends approving agreements with one or more
financial advisors to serve in a full service capacity for purposes of advising the City and
the Authority, as needed on financial matters and programs of work involving affordable
housing. The top three firms’ proposals were from Keyser Marston Associates, DRA-
David Paul Rosen & Associates and RSG, Inc. Each firm brings decades of experience,
knowledge and expertise in providing affordable housing financial advisory services. As
such, staff recommends that the City approve Agreements with Keyser Marston
Associates, David Paul Rosen & Associates and RSG, Inc. for on-call affordable housing
financial, analytical and advisory services on an as–needed basis in a shared amount not
to exceed $250,000 (Exhibit 1, 2 and 3).
FISCAL IMPACT
Prior to utilizing any of these on-call services, staff will ensure sufficient funds are
available in the appropriate program budget and will track expenditures to ensure the City
and Housing Authority does not exceed the aggregate $250,000 maximum total.
The agency anticipates a variety of housing funds may be utilized for these agreements,
including, but not limited to the following programs:
Accounting Unit-
Account Fund Description Accounting Unit, Account
Description
13018780-62300 HOME Program HOME, Contract Services-
Professional
13518780-62300 Community Development
Block Grant
CDBG, Contract Services-
Professional
14018760-62300 Housing Choice Vouchers HCV, Contract Services-
Professional
14218760-62300 Neighborhood Stabilization
Program 1
NSP 1, Contract Services-
Professional
14218761-62300 Neighborhood Stabilization
Program 2
NSP 2, Contract Services-
Professional
14218762-62300 Neighborhood Stabilization
Program 3
NSP 3, Contract Services-
Professional
14318760-62300 CalHOME Loans CalHOME, Contract
City Council 2 –2 11/16/2021
On-Call Agreements for Housing Financial, Advisory and Analytical Services
November 16, 2021
Page 3
2
2
2
7
Services-Professional
41718820-62300 Inclusionary Housing
Inclusionary Housing,
Contract Services-
Professional
15818700-62300 Permanent Local Housing
Allocation
PLHA, Contract Services-
Professional
60718810-62300 Low and Moderate Income
Housing Asset Fund
LMIHAF, Contract Services-
Professional
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director – Finance and
Management Services Agency
EXHIBIT(S)
1. Agreement with Keyser Marston Associates
2. Agreement with David Paul Rosen & Associates
3. Agreement with RSG, Inc.
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 2 –3 11/16/2021
AGREEMENT TO PROVIDE ON-CALL AFFORDABLE HOUSING
FINANCIAL, ANALYTICAL, AND ADVISORY SERVICES
THIS AGREEMENT is made and entered into this 16th day of November, 2021, by and between
Keyser Marston Associates, Inc., a California corporation ("Consultant"), and jointly the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City"), and the Housing Authority of the City of Santa Ana,
a public body, corporate and politic ("Authority"). City and Authority shall jointly or
interchangeably, as applicable, be referred to as "City" for purposes of this Agreement.
RECITALS
A.On September 7, 2021, the City issued Request for Qualifications No. 21-107
("RFQ"), by which it sought Consultants to provide on-call affordable housing
financial, analytical and advisory services for the City and Authority. The scope of work may include any and all work efforts related to financial analytical and advisoryservices for general multifamily affordable housing financial advisory services; generalsingle family affordable housing program fina ncial analytical services; multifamilyand/or single fami ly bond issuance financial advisory services; and the City's
Inclusionary Housing Program financial analysis on an as-needed basis.
B.Consultant submitted a responsive proposal that was among those selected by the
City, which is attached hereto as Exhibit B.
C.Consultant represents that it is able and willing to provide the services described in
the Scope of Work that was included in RFQ No. 21-107, which is attached heretoas Exhibit A.
D.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgea ble 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 contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of City, Consultant shall perform the
services that are described in Exhibit A, as well as Consultant's proposal attached hereto as
Exhibit B. When the need for services arise, City may initiate services through use of a letter
agreement, executed by the Executive Director of the Community Development Agency and the
Consultant. Work by the Consultant may not proceed absent a previously engaged or fully
executed consultant agreement and letter agreement for a specific project. Page I of 10 EXHIBIT 1
City Council 2 –4 11/16/2021
2.COMPENSATION
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of three (3) Consultants selected to provide affordable housing
financial, analytical, and advisory services on an as needed basis under RFQ No.
21-107. The total compensation for services provided by all Consultants selected
under RFQ No. 21-107 is a collective amount not to exceed Two Hundred and Fifty
Thousand Dollars ($250,000.00) during the term of the Agreement, including any
extension periods.
b.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 and Scope of Work, which may reasonably be
expected by City.
3.TERM
This Agreement shall commence on the date first written above and continue for three (3)
years through November 1, 2024, unless terminated earlier in accordance with Section 17, below.
Upon execution and commencement of the Term of this Agreement, Agreement No. A-2018-203
between the City and Consultant shall be terminated. The term of this Agreement may be extended
upon a writing executed by the City Manager and the City Attorney.
4.INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
perfonns 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 ("Docmnents & Data"). Consultant
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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
Consultant shall procure and maintain for the duration of the contract insurance against
claims for irtjuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
a.MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
I.Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2.Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage. (Not required if automobile is not necessary
to perfonn services.)
3.Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit ofno less than
$1,00 0,000 per accident for bodily injury or disease. (Not required if
Consultant provides written verification it has no employees.)
4.Professional Liability (Errors and Omissions): insurance appropriate to the
Consultant's profession, with limit no less than $2,00 0 ,000 per occurrence or
claim, $2,000,0 00 aggregate.
5.If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b.Other Insurance Provisions -The insurance policies are to contain, or be endorsed to
contain, the following provisions:
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City Council 2 –6 11/16/2021
1.Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Consultant including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant's insurance ( at least
as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 forms if a later revisions used).
2.Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3.Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4.Waiver of Subrogation: Consultant hereby grants to City a waiver of any right
to subrogation which any insurer of said Consultant may acquire against the
City by virtue of the payment of any loss under such insurance. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5.Self-Insured Retentions: Self-in sured retentions must be declared to and
approved by the City. The City may require the Consultant to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self
insured retention may be satisfied by either the named insured or City.
6.Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in.the state with a current A.M. Best's rating ofno less than
A:VII, unless otherwise acceptable to the City.
7.Claims Made Policies: If any of the required policies provide coverage on a
claims-made basis:
1.The Re tro active Date must be shown and must be before the date of the
contract or the beginning of contract work.
2.Insurance must be maintained and evidence of insurance must be
provided for at least three (3) years after completion of the contract of
work.
3.If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of three (3) years after completion of contract
work.
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City Council 2 –7 11/16/2021
8.Verification of Coverage: Consultant shall furnish the City with original
Certificates of Insurance including all required arnendatory endorsements ( or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Consultant's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9.Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant
shall ensure that the City is an additional insured on insurance required from
subcontractors.
10.Special Risks or Circumstances: City reserves the right to modify these
requirements, in cluding limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
8, INDEMNIFICATION
Consultant agrees to defend, 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, a nd c laims 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 describ ed in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the tenns of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9.INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
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product or documents provided by Consultant to the City pursuant to this Agreement.
10.RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete an d 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 docum.ents created
pursuant to this Agreement during regular business 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.
11.CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confid ential 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
nonpub lic information. Confidential infmmation 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 oflaw; or ( e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12.CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services.
13.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:
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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
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-27)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Keyser Marston Associates, Inc.
Attn: Tim Bretz, Senior Principal
500 South Grand Avenue, Suite 1480
Los An geles, CA 90071
Tel: 213-622-8095
Fax: 213-622-5204
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 shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14.EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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 ob ligate Consultant or the City. Each party to this Agreement aclmowledges 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.
15.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
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City Council 2 –10 11/16/2021
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.
16.WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17.TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
tennination. 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.
18.NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
19.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.
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20, 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.
21.MISCELLANEOUS PROVISIONS
a.Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b.All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
{Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
HOUSING AUTHORITY OF THE
CITY OF SANTA ANA
STEVEN A. MENDOZA
Executive Director
CONSULTANT
By: Tim Bretz
Title: Senior Principal
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EXHIBIT 1
City Council 2 –13 11/16/2021
EXHIBIT A SCOPE OF SERVICES EXHIBIT 1
City Council 2 –14 11/16/2021
REQUEST FOR QUALIFICATIONS
RFQ # 21-107
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL
AND ADVISORY SERVICES
Issue Date:
Proposal Due Date:
CITY OF SANTA ANA
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Claudia Fernandez-Shaw
Housing Programs Analyst
(714)667-2265 Office
(714)667-2225 Fax
cshaw@santa-ana.org
KEY RFQ DATES
Tuesday,
Tuesday,
September 7, 2021
September 21, 2021 at 5:00 P.M.
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
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City Council 2 –15 11/16/2021
NOTICE INVITING QUALIFICATIONS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Affordable Housing
Financial, Analytical and Advisory Services. Responses to this Request for Qualifications (RFQ) will be
accepted until Tuesday, September 21 at 5:00 P.M. If further information is required, please contact Claudia
Fernandez-Shaw, Housing Programs Analyst, at (714) 667-2265 or cshaw@santa-ana.org.
MAILED, E-MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows:
Attention: Claudia Fernandez-Shaw, Housing Programs Analyst
City of Santa Ana
Community Development Agency (6th Floor)
20 Civic Center Plaza, M-26
Santa Ana, CA 92701
cshaw@santa-ana.org
It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be
received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request
for Qualifications shall be made in writing via e-mail to Claudia Fernandez-Shaw at cshaw@santa-ana.org.
The receiving time at the Front Desk of the City of Santa Ana Community Development Agency, 5th
Floor, 20 Civic Center Plaza, Santa Ana CA 92701 will be the governing time for the receipt of
proposals or the e-mail receipt date. Late Proposals will NOT be considered and will be returned to the
proposer unopened.
TELEGRAPHIC, ELECTRONIC AND FACSIMILE PROP OSALS WILL NOT BE ACCE PTED
ONLY SEALED RFQ RESPONSES ARE ACCEPTABLE
DO NOT FAX RFQ RESPONSES
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
I.INTRODUCTION
II.PERIOD OF CONTRACT
111.SCOPE OF WORK / SERVICES
IV.GENERAL INFORMATION
V.CONTRACTOR RESPONSIBILITIES
VI.INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE
VII.RULES FOR PROPOSALS
VIII.E-MAIL COMMUNICATIONS AND INTERPRETATIONS/
CLARIFICATIONS
PAGE
4
4
4
4
5
5
6
6
IX.ADDENDA 6
X.SUBMITTAL INFORMATION AND DEADLINE 6
XI.MINIMUM QUALIFICATIONS 6
XII.SUBMITTAL REQUIREMENTS 7
XIII.CONTRACTOR SELECTION-SCORING AND EVALUATION 8
XIV.PUBLIC RECORDS 9
XV.FILING A PROTEST 9
EXHIBIT A SCOPE OF SERVICES 10
EXHIBIT B PROPOSERS STATEMENT AND FEE SC HEDULE 13
EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 14
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 15
EXHIBIT E PROPOSAL AND CONTRACT AGREEMENT -PROPOSERS 17
STATEMENT
EXHIBIT F PROPOSAL AND CONTRACT AGREEMENT -CERTIFICATION 18
OF NONDISCRIMINATION BY CONTRACTOR
EXHIBIT G NON-COLLUSION AFFIDAVIT 20
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
I.INTRODUCTION
The City of Santa Ana (City) and the Housing Authority of the City of San ta Ana (Authority) are issuing this
Request for Qualifications (RFQ) for Aff ordable Housing Financial, Analytical and Advisory Services from
professional consulting firms to provide financial analytical and advisory service s for general multifamily
affordable housing financial advisory services; general single family affordable housing program financial
analytical services; multifamily and/or single family bond issuance financial advisory services; and the City's
lnclusionary Housing Program financial analysis. The scope of work may include any and all work efforts
related to EXHIBIT A-SCOPE OF SERVICES.
II.PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, the agreement term shall be for a period of up to
three (3) years. The agreement term is anticipated to commence after City Council award of this agreement
and upon receipt and approval of all required insurance documents.
The term of this Agreement shall have provision for three (3), one-year renewal options exercisable by the
City Manager and City Attorney unless the City notifies the Consultant in writing at least thirty (30) days
before the end of the initial term or any extended term, of its intent to terminate the Agreement at the
conclusion of the initial term or any extension.
Ill . SCOPE OF WORK/ SERVICES
The scope of work may include any and all work efforts related to the Affordable Housing Financial,.
Analytical and Advisory Services per EXHIBIT A-SCOPE OF SERVICES
The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and
professional staff. The Contractor shall be responsive and maintain excellent working relationships with city
residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing
levels at all times and adhere to established schedules. The Consultant shall be knowledgeable of and
comply with federal, state and local regulations, including but not limited to the California Health and Safety
Code and the Santa Ana Municipal Code.
IV .GENERAL INFORMATION
A.The term of the contract will begin after the contract is awarded by the City Council.
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B.When determined appropriate, the City will provide information in its possession relevant to
preparation of required information in the RFQ. The City will provide only the staff assistance and
documentation specifically referred to herein.
C.The Contractor shall be responsible for retaining data, records and documentation for the preparation
of the required information. These materials shall be made available to the City as requested by the
City.
D.This RFQ does not commit the City to pay costs incurred in preparation of a response to this RFQ.
All costs incurred in the preparation of the proposal, the submission of additional information and/or
any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The
City reserves th.e right to accept or reject the combined or separate components of a proposal in part
of in its entirety or to waive any informality or technical defect in a proposal.
E.All data, documents and other products used, developed or produced during response preparation of
the RFQ will become property of the City. All responses to the RFQ shall become property of the City.
Proposer information identified as proprietary information shall be maintained confidential, to the
extent allowed under the California Public Records Act.
F.The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFQ and the City reserves the right to reject
any subcontractor(s). Subcontractor(s) shall be the responsibility of the prime Contractor and the City
shall assume no liability of such subcontractor(s).
V.CONTRACTOR RESPONSIBILITIES
The selected Contractor will assume responsibilities for all services in its proposal. The selected
Contractor shall identify a sole point of contact for contractual matters, including payment of any and all
charges resulting from the Agreement.
VI.INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE
CGL (Commercial General Liability) -CGL insurance is required when the Consultant will be
performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence with
$2,000,000.00 in the aggregate policy is required. The certificate of insurance must provide 30-day notice
of cancellation or material reduction in policy limits. Additionally, the City of Santa Ana and the Housing
Authority of the City of Santa Ana, its officers, agents, volunteers and employees shall be named as an
additional insured via an additional insured endorsement. The additional insured endorsement, attached
as Exhibit C, shall provide that the Consultant's insurance is primary to any insurance or self-insurance
carried by the City as well as a separation of insure.d's clause.
Automobile -Automobile insurance is required when the Consultant will be driving from one City site
to another City site in a non-City vehicle. A $1,000,000.00 per occurrence policy for owned, hired and·
non-owned automobiles is required.
Worker's Compensation -In accordance with the provisions of Section 3300 of the California Labor
Code, any Consultant with employees must maintain employer's liability insurance with limits not less
than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a
City of Santa Ana Community Development Agency
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City Council 2 –19 11/16/2021
partnership with no employees. However, these Consultants must complete a "Worker's Compensation
Declaration." This form may be obtained from City staff.
Professional Liability-Professional liability insurance is required for state licensed professionals, such
as, engineers, architects, CPAs, attorneys and medical professionals. A $1,000,000.00 policy is required.
City Business License -The selected proposer shall be required to obtain a City of Santa Ana Business
license within thirty (30) days of selection and must provide a copy to the City project manager or
designee prior to commencing any work in Santa Ana.
VII.-RULES FOR PROPOS ALS
The signer of the RFQ must declare in writing that the only person, persons, company or parties
interested in the proposal as principals are named therein; that the proposal is made without collusion
with any other person, persons, company or parties submitting a proposal; that ii is in all respects fair
and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind
the proposer.
VIII.E-MAIL COMMUNICATIONS AND INTERPRETATIONS/ CLARIFICATIONS
To facilitate the RFQ process, proposers are required to monitor and respond to e-mail requests within
48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of
requirements identified herein including the Scope of Services. Every request for such an interpretation
must be made in writing via e-mail to Claudia Fernandez-Shaw, Housing Programs Analyst, no later
than Tuesday, September 14, 2021 at 5:00 p.m. Significant interpretations or clarification will be made
by an addendum to this RFQ, which will be posted to the website. Addenda may become part of the
agreement documents.
IX.ADD ENDA
If clarification or interpretation of this RFQ is considered necessary by the City, a written addendum shall
be issued and the information will be posted on the City's website at http://www.santa-ana.org/bids-rfps/.
II is the responsibility of each proposer to periodically check the City's website to ensure that they have
received and reviewed any and au addenda to this RFQ.
X.SUBMITTAL INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting
Proposals. Faxed proposals will not be accepted.
XI.MINIMUM QUALIFICATIONS
The following are the minimum qualifications to be considered as an eligible candidate to submit
proposals for the requested services described in this RFQ. Proposers shall have a minimum of five (5)
years recent experience in providing financial analytical and/or advisory services for affordable housing
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projects. Proposers shall have a minimum of five (5) years of recent experience working with affordable
housing projects and various funding sources (i.e. HOME Investment Partnerships Program (HOME)
funding, Community Development Block Grant (CDBG), Low-Income Housing Tax Credit, bond
financing).
XII.SUBMITTAL REQUIREMENTS
The RFQ is intended to assess and evaluate each firm's capabi lities as they apply to the proposed
services. Each firm must address each of the following items in its response to the RFQ:
1)Statement of Qualifications -In order to maintain uniformity, the Statement of Qualifications must be limited
to a MAXIMUM OF 25 PAGES (excluding front and back covers). The page limitation incl udes all
appendices, attachments and supplemental information. The following information is required:
. a) Cover Letter: A letter signed by a principal or authorized representative who can make legally binding
commitments for the entity.
b)Organizational Background: A brief description of the consultant's firm, including the year the firm was
established, type of organization (partnership, corporation, etc.), and a statement of the firm's
qualifications for performing the subject consulting services.
c)Scope of Services: Include a detailed description of the components of housing financial analytical and/or
advisory services.
d)Firm or Personnel Experience: A profile of the firm's experience, personnel and history relating to the
scope of work identified in Exhibit A -Scope of Services. Include a description of the company profile,
including range of the firm's capabilities and service. In addition, provide the names of all personnel who
will be assigned to this project, their education and previous ex perience.
e)Relevant Experience: List of financial analytical and/or advisory services which your firm or personnel
have completed within the last five (5) years. Information should include project description, year
completed, client name, along with a person to contact and his/her telephone number.
f)Sub consultants: Identification is required of any contemplated sub consultants to be used, with the
identification of personnel to be assigned, their qualifications, education, and representative experience.
g)References: The Consultant shall submit a list of references comprised of a listing of work similar to that
identified in the RFQ.
h)Fee Schedule: The fee schedule shall include the hourly rates for each pers onnel category to be used
on the project and/or fee for each type of service. Personnel hourly rates shall reflect all costs for office
overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This
fee schedule shall reflect all anticipated fee increases. The fee schedule shall include the proposed
fees and timeframe for the completion of (1) a subsidy layering analysis for an affordable multi-family
project; and (2) financial advisory services for a multi-family bond issuance.
2)EXHIBIT B PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING
3)EXHIBIT C-ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY
(NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION)
4)EXHIBIT D-REFERENCES AND RELEVANT WORK HISTORY /PAST 10 YEARS)
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5)EXHIBIT E-PROPOSAL CONTRACT AND AGREEMENT -PROPOSERS STATEMENT
6)EXHIBIT F · PROPOSAL CONTRACT AND AGREEMENT -CERTIFICATION OF NONDISC RIMINATION
BY CONTRACTOR
7)EXHIBIT G -NON-COLLUSION AFFIDAVIT
Submittal of Proposal:
•Five (5) copies of the response to the RFQ shall be signed by a company official with the power to bind the
company.
•One (1) copy of the submittal on a USB Flash Drive.
•Structure your proposal to include the Scope of Service response, Implementation Schedule, Fees/ Contract
Price and Exhibits.
The proposal must be completely responsive to the RFQ.
The City reserves the right to reject any or all proposals submitted and no representation is made he reby that
any contract will be awarded pursuant to this RFQ or otherwise.
XIII.CONTRACTOR SELECTION -SCORING AND EVALUATION
The criteria for evaluating the proposals submitted will take the following items into consideration:
POINTS EVALUATION CRITERIA
35 Qualifications and Company Experience
30 Demonstrated and Relevant Affordable Housing
Experience
35 Fee Schedule
100 TOTAL POINTS
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The proposals will be reviewed by a committee of City staff members. The committee will evaluate
Proposers based on their response to the RFQ. A final score will be calculated for each submitted
proposal and used to rank the proposers. The most responsive proposers will be informed after the
scoring and evaluation is complete. The committee will recommend award of the contract to the proposer
who will provide the best quality service to the City. The City reserves the right to negotiate pricing and
for additional interviews. The City will notify the successful firms by email of invitation for a final oral
interview and/or award.
XIV.PUBLIC RECORDS
Proposals will become public record after award of agreement. Interested offerors may submit a written
request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer inform ation
identified as proprietary information shall be maintained confidential, to the extent allowed under the
California Public Records Act. Submit your request to: City of Santa Ana Community Development Agency,
Attn.: Claudia Fernandez-Shaw, Housing Programs Analyst, 20 Civic Center Plaza M-26, Santa Ana, CA
92701.
XV.FILING A PROTEST
Bidders may file a "protest" with the City's Community Development Agency-Housing Division. In order
for a vendor's protest to be considered valid, the protest must:
1.Be filed in writing within five (5) business days of either the RFQ posted date or before 5:00 p.m. of
the 5th business day following the posting of RFQ results/Notice of Intent to Award Contract on the
City's website;
2.Clearly identify the specific irregularity or accusation;
3.Clearly identify the specific City staff determination or recommendation being protested;
4.Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5.Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is
valid, the City's Housing Division Manager, or other designated City staff member, shall review the basis of
the protest and all relevant information. The Housing Division Manager will provide a written decision to the
protestor within fourteen (14) calendar days from receipt of protest. The decision from the Housing Division
Manager, or her/her designee, is final and no further appeals will be considered.
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I.
II.
EXHIBIT A
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIO NS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
SCOPE OF SERVICES
INTRODUCTION
The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing
this Request for Qualifications to provide affordable housing financial, analytical and advisory services
for various affordable housing programs and projects. The City and the Authority administer a variety of
programs for developing affordable housing funded by federal, state and local sources. These include
affordable housing funded by the Community Development Block Grant (CDBG) Program, HOME
Investment Partnerships Grant (HOME) Program, Neighborhood Stabilization Program, Project-Based
Voucher (PBV) Program, Low and Moderate Income Housing Asset Fund (LMIHAF), local inclusionary
housing funds, and housing revenue bond financed programs.
In order to enhance its financial capacities as a lender, the City and Authority are seeking proposals
from affordable housing financial, analytical and advisory firms interested in providing their services in
the following areas:
(1)General multi-family affordable housing financial, analytical and/or advisory services;
(2)Multi-family and/or single-family bond issuance financial advisory services;
(3)lnciusionary housing financial analysis and advisory services.
Scope of Work
The City and the Authority intend to contract with one or more Financial Advisors to serve in a full
service capacity for purposes of advising the City and Authority, as needed, on all financial matters and
programs of work involving affordable housing.
The City of Santa Ana provides financing to affordable housing projects within the City through the use
of the CDBG Program, HOME Program, Neighborhood Stabilization Program, PBV Program, LMIHAF,
and local inclusionary housing funds. As part of these projects, the selected consultant may be asked
to:
•Perform financial analyses in connection with affordable and mixed-income projects
with a variety of affordable housing financing sources, including affordable and market
rate rental housing, and affordable and market-rate ownership housing.
•Perform financial analysis and/or subsidy layering analysis for the structuring of the
City's multifamily affordable housing development projects. Analysis should be
completed to satisfy funding requirements, such as the HOME Program.
Assist in compiling and analyzing general economic data regarding housing.
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•Perform analyses in relation to the City's Housing Opportunity Ordinance and
inclusionary housing fund.
•Complete subsidy layering analysis for multi-family projects.
•Review construction budgets for multi-family projects.•Conduct annual financial oversight of HOME Projects.
•Review Capital Needs Assessments.
•Attend City Council, Housing Authority, and/or Community Redevelopment and
Housing Commission meetings, as needed.
The Authority issues tax exempt mortgage revenue bonds for the purpose of developing or preserving
affordable housing within the City. These bonds are considered "conduit" obligations. While the
Authority issues the bonds, the project owner is always the borrower and has sole responsibility for
repayment. There can be no recourse to either the Authority or the City.
The Authority requires the services of highly qualified and experienced financial advisors to insure that
these issuances are fiscally sound, that they protect the interests of both the City and the Authority, and
that they meet all applicable requirements of Federal and State law. Of particular importance is the
ability of the selected firm(s) to provide quality services at reasonable cost with the objective of
protecting the Authority's and the City's interests and their affordable housing objectives through
participation only in transactions which applicable standards of fiscal prudence. The services will
include, but not be limited to, the following:
•Preparation of a feasibility analysis to determine whether it is economically advisable
to proceed with any given bond issuance. The analysis will include but not be limited to
an evaluation of the financial strength of the proposed project, including its projected
income and expenses, an evaluation of any additional sources of security for the
bonds in addition to the project that may be required or advisable, and an evaluation of
the developer's financial condition and experience.•Identification, analysis and recommendations on all substantive matters pertinent to
the proposed transaction, including advice in areas of industry-specific knowledge that
may affect the financing and the interests of the City and the Authority.•Assessment of the optimal use of housing assistance programs and funding sources
that may be available in connection with a particular bond financing. These may
include but not be limited to HOME Program funds, Low Income Housing Tax Credits,
other federal and state programs, and local programs such as the City's inclusionary
housing funds that may be available.•Assistance in preparation of legal documentation for the financing. Participation in all
meetings prior to the bond issuance. Assistance in the preparation and presentation of
reports on proposed financing to the City and the Authority.
Assistance in review and decision-making with respect to issues that may arise after
the issuance of the bonds and construction of the project.
Upon request, recommendations and advice regarding the City's and the Authority's
policies and procedures relating to affordable housing.
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Continuing legal advice, as needed and requested, concerning any actions necessary
to insure the continuing tax exempt status of the bonds, and to protect the interests of
the City and the Authority.
The City Attorney's Office will at all times serve as the City's and the Authority's own legal counsel in all
matters respecting these tax exempt bonds. Bond counsel will be required to work with the City
Attorne y's Office in its conduct of these services. Payment of fees will require its approval.
Responding firms are encouraged to review this Scope of Services, and to recommend any additions
they might see as appropriate.
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TO BE INCLUDED IN PROPOSAL
EXHIBIT B
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE
Certification� I certify that I have read, understand and agree to the terms and conditions of this Request
for Qualifications. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of
work requirements. I am familiar with all of the existing conditions and limitations that may impact work
reque sts. I understand and agree that I am responsible for reporting any errors, omissions or
discrepancies to the City for clarification prior to the submission of my proposal.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBER
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SI GNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
·FEDERAL ID NO. (IF APPLICABLE)CONTRACTOR LICENSE NO. (IF APPLICABLE)
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EXHIBITC
CITY OF SANTA ANA COMMUNITY DEVE LOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _______________ _
This endorsement modifies such insurance as is afforded by the provisions of Policy # ________ _
relating to the following:
1.The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees,
agents, volunteers and representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of
the named insured.
2.With respect to claims arising out of the operations and uses performed by or on behalf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3.This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of liability. The inclusion of any person or organization as an insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4.With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20
Civic Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Policy#
Issued to
_______________ , this endorsement form as part of
Name Insured
Countersigned by: _______________ _Authorized Representative
TO BE INCLU DED IN PROPOSAL
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EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, AN ALYTICAL AND
ADVISORY SERVICES (RFQ)
List and describe the contracts performed by your firm which demonstrate your ability to provide the services
included in the scope of services. Attach additional pages if required for additional references. The City
reserves the right to contact each of the references listed for additional information regardi ng your firm's
qualifications.
Reference No. 1
Customer Name: Contract Individual:
Address: Phone Number:
Facsimile Number:
Contract Amount: -------'----------Year:
Description of services provided:
Reference No. 2
Customer Name: Contract Individual: ------------
Address: Phone Number: ------------
Fa cs i mi I e Number: ------------
Contract Amount: Year: ------------
Description of services provided:
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Reference No. 3
Customer Name: Contract Individual: -------------
Address: Phone Number:
Facsimile Number:
Contract Amount: Year: ------------�
Description of services provided:
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TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COMMUNITY DEVEL OPMENT AGENCY
REQUEST FOR QUALI FICATIONS FOR AFFORDABLE HOUSING FINAN CIAL, AN ALYTICAL AN D
ADVISORY SERVICES (RFQ)
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agr ees that this written RFQ (or any part thereof specifically designated and accepted
by the City of Santa Ana (hereinafter "the City'') shall constitute the entire agreement between proposer and the City
only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and official
seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized
agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution,
and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal
Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and
the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the
undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFQ.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
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TO BE INCLUDED IN PROPOSAL
EXHIBIT F
CITY OF SANTAANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
1.The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin or any other protected class. 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, national origin or any other protected class. Such action shall include, 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, national origin or any other protected class.
3.Ttie Contractor shall send to each labor union or representative of workers with which he 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 under 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/services contracts in accordance with procedures authorized in Execution Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 18
EXHIBIT 1
City Council 2 –32 11/16/2021
in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor,
or as otherwise provided by law.
7.The Contractor shall include the portion of the sentence immediately preceding paragraph (1) 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
8.Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
9.Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
No discrimination shall be made in the employment of persons because of race, religious creed, color national origin,
ancestry, physical handicaps; mental condition, marital status, sex of such persons, or any other protected class,
except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed
for a violation of the Chapter.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 19
EXHIBIT 1
City Council 2 –33 11/16/2021
TO BE INCLUDED IN PROPOSAL
EXHIBIT G
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
To the CITY OF SANTA ANA,
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
. Public Contract Code Section 7106)
In accordanc e with Title 23 United States Code Section 112 and Public Contract Code 71 0 6 the PROPOSER
declares that the bid is not made in the interest of, or on behalf of, any undi sclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER
has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in
a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other PROPOSER, 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 true; and, further, that the
PROPOSER 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. PROPOSERS are cautioned
that making a false certification may subject the certifier to criminal prosecution.
State of California
County of
Subscribed and sworn to (or affirmed) before me on this ____ day of ---- ,20 _� by
_____________ , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
City of Santa Ana Community Development Agency
Request for Qualifications-Af fordable Housing Financial, Analytical and Advisory Services
Page 20
EXHIBIT 1
City Council 2 –34 11/16/2021
EXHIBITB
PROPOSAL
EXHIBIT 1
City Council 2 –35 11/16/2021
KEYSER MARSTON ASSOCIATES ..
QUALIFICATIONS FOR
AFFORDABLE HOUSING FINANCIAL,
ANALYTICAL AND ADVISORY SERVICES
(RFQ #21-107)
Prepared for:
City of Santa Ana Community Development Agency
Prepared by:
Keyser Marston Associates, Inc.
September 21, 2021
EXHIBIT 1
City Council 2 –36 11/16/2021
ADVISORS IN:
Real Estate
Affordable Housing
Economic Development
BERKELEY
A. Jerry Keyser
Timothy C. Kelly
Debbie M. Kern
David Doezema
Los ANGELES
Kathleen H. Head
James A. Rabe
Gregory D. Soo-Hoo
Kevin E, Engstrom
Julie L. Romey
Tim R. Bretz
SAN DIEGO
Paul C. Marra
KEYSER MARSTON ASSOCIATES.
ADVISORS IN PUUUC/PRJYATF. REAL ESTATE DEVHOrMENT
September 21, 2021
Claudia Fernandez-Shaw
Housing Programs Analyst
City of Santa Ana
Community Development Agency (6th Floor)
20 Civic Center Plaza, M-26
Santa Ana, CA 92701
Re: Request for Qualifications for Affordable Housing Financial, Analytical and Advisory
Services (RFQ #21-107)
Dear Ms. Fernandez-Shaw:
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal to the City of
Santa Ana Community Development Agency (City) request for qualifications (RFQ) to
provide affordable housing financial, analytical and advisory services. Specifical ly, KMA
is proposing to provide financial and analytical assistance with multifamily and single
family housing projects and programs; bond issuance advisory services; and financial
analysis of projects subject to the City's lnclusionary Housing Program.
KMA is a full-service real estate, financial, and economic consulting firm with a
specialization in affordable housing services. KMA brings in-depth expertise in a variety
of financing techniques such as tax-exempt multifamily bonds, Low Income Housing Tax
Cr edits, New Market Tax Credits, United States Department of Housing and Urban
Development (HUD) assistance sources, financing programs offered by the California
Department of Housing and Community Development (HCD), the Federal Home loan
Bank Affordable Housing Program funds (AHP), and the revenue sources that are
availab le to the housing successors to former redevelopment agencies.
500 SOUTH GRAND AVENUE, SUITE 1480 ► LOS ANGELES, CALIFORNIA 90071 ► PHONE 213.622.8095
WWW.KEYSERMARSTON.COM
2109007CL.KMA.TRB
99900.000
EXHIBIT 1
City Council 2 –37 11/16/2021
Claudia Fernandez-Shaw, Housing Programs Analyst
City of Santa Ana
September 21, 2021
Page 2
KMA understands that the City wishes to enter into a three-year contract with the
selected firm, with the possibility for three (3) one-year options. If KMA is selected, we
will obtain a City of Santa Ana business license and provide the insurance certification
required by the RFQ.
We declare that the only person, persons, company or parties interested in this
proposal as principals are named herein; that the proposal is made without collusion
with any other person, persons, company or parties submitting a proposal; that it is in
all respects fair and in good faith without collusion or fraud; and, that the signer of this
proposal has full authority to bind the proposer. We have notarized the anti-collusion
requirements included in Exhibit G to this RFQ.
For purposes of the response to the RFQ, the Principal-in-Charge of this engagement,
and the authorized signatory to a le gally binding commitment, the KMA representative
is:
Tim Bretz
Senior Principal
Keyser Marston Associates, Inc.
500 South Grand Avenue, Suite 1480
Los Angeles, California 90071
Telephone: 213.622.8095 / Fax: 213.622.5204
Email: tbretz@keysermarston.com
KMA appreciates the opportunity to assist the City. If you require any additional
information, please do not hesitate to contact me.
Sincerely,
Keyser Marston Associates, Inc.
Tim Bretz
2109007Cl.KMA.TRB
99900.000
EXHIBIT 1
City Council 2 –38 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
TABLE OF CONTENTS
I.ORGANIZATI ONAL BACKGROUND ..................................................................................... 2
A.Description of the Firm ....... : .............................................................................................. 2
B.Expe rtise ............................................................................................................................ 2
II.· SCOPE OF SERVICES .................... , ...................................................................................... 3
A.Market and Financial Analysis of Projects with an Affordable Housing Component.. ........ 4
B .. Pro forma and Project Analysis .................................... : ..................................................... 8
C. Compliance Monitoring: General Services and Operating Budgets .................................... 9
D.Compliance Monitoring: Residual Receipts Calculations and Compliance ........................ 9
E.Regulatory Reporting: SB 341 Affordable Housing Reports ............................................... 9
F.As Needed Implementation Services ............................................................................... 10
Ill. PERSONNEL EXPERIENCE ................................................................................................. 11
A.Principal In Charge ........................................................................................................... 11
B.Key Staff ........................................................................................................................... 11
IV.RELEVANT EXPERIENCE ................................................................................................... 12
V.REFERENCES .................................................................................................................... 18
VI.FEE SCHEDULE ................................................................................................................. 19
VII.DISCLOSURES AND DISCLAIMERS .................................................................................... 20
Exhibits
Exhibit B: Proposers Statement and Fee Schedule
Exhibit C: Insurance Requirements
Exhibit D: References and Relevant Work History
Exhibit E: Proposal and Contract Agreement-Proposers Statement
Exhibit F: Certification of Nondiscrimination by Contractor
Exhibit G: Non-Collusion Affidavit
Keyser Marston Associates, Inc. Page I 1
EXHIBIT 1
City Council 2 –39 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
I.ORGANIZATIONAL BACKGROUND
A.DESCRIPTION OF THE FIRM
Keyser Marston Associates, Inc. (KMA) is a full-service real estate, financial, affordable housing, public
finance and economic consulting firm that specializes in advisory and evaluation services. The majority
of KMA assignments involve long-standing client relationships with a wide range of government
agencies; and a limited number of private sector clients, throughout California -w.ith a number of
these clients located in Orange County.
KMA is a privately held California corporation that was founded in 1973. KMA now has one of the
largest real estate and affordable housing advisory practices on the West Coast.
KMA presently has 16 professional staff members, three corporate staff members, and three support
staff members. KMA has offices located in Los Angeles, Berkeley, San Rafael and San Diego. The
downtown Los Angeles office would provide services to the City of Santa Ana and the Housing
Authority of the City of Santa Ana (collectively referred to as "City"). The KMA Los Angeles office
includes seven professional staff members.
B.EXPERTISE
For more than 45 years KMA has held the same commitment to clients: to provide creative and
pragmatic solutions to complex issues. The KMA practice areas consist of the following:
Affordable & Market Rate Housing
Real Estate Services/P3/Asset Management
Financial Planning
Public Benefits/Fiscal & Economic Impact
Land Use Strategies/Specific Plans
Infrastructure Finance
The increased complexities of real estate and ground lease transactions demand a strong technical
understanding of real estate, financing markets and a keen understanding of California laws that affect
the disposition of public property. The firm is unique among other real estate consulting firms by
possessing this par ticular combination of skills. The combined knowledge and expertise in these areas
has resulted in KMA's ability to provide services, which not only comply with the current policies and
practices pertaining to local development, but are also based on a fundamental understanding of real
estate markets, valuation and financing.
Keyser Marston Associates, Inc. Page I 2
EXHIBIT 1
City Council 2 –40 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
KMA's principals are frequent speakers to industry groups including the California League of Cities, the
American Planning Association, NAHRO, the Urban Land Institute, and other similar organizations.
They have been guest lecturers at several universities and affordable housing instructors at learning
institutes held by organizations such as Caled, the California League of Cities, the San Diego Housing
Federation and jurisdictions such as the Cities of Irvine, Long Beach, Los Angeles and Santa Ana; and
San Bernardino County.
KMA principals have served on policy-advisory committees for the State Legislature and Governor on
issues such as affordable housing, economic development and military base reuse. KMA's principals
also served as special advisors to the California Redevelopment Ass ocia tion (CRA) Board of Directors
and its Affordable Housing Committee.
Some unique characteristics possessed by KMA include:
Experience
KMA has over 45 years of experience assisting clients throughout the West in in real estate market and
evaluation services; negot iation services; structuring public/private transactions; affordable housing
services; and project implementation services.
Cost Effectiveness
KMA is cost effective for our clients given our ability to provide com prehensive services relating to
market and financial feasibility, economic analysis, direct implementation experience and public
finance without the need for additional consultants.
Approach
The philosophy and structure of our firm is to provide our clients with maximum direct contact with
principals. The commitment of principals who are recognized leaders in real estate advisory services
throughout California provides our clients with quality, tailored and direct services.
II. SCOPE Of SERVICES
The scope of services being requested by the City includes a mix of affordable housing transaction
structuring, bond advisory services, technical assistance with the implementation of the Housing
Opportunities Ordinance, and ongoing oversight of affordable housing projects that have received City
assistance.
l<eyser Marston Associates, Inc. Page I 3
EXHIBIT 1
City Council 2 –41 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
KMA has a robust practice in evaluating the development economics of individual projects -including
projects with an affordable housing component. From this practice, we understand construction costs,
financing structures and the "affordability and feasibility gaps" associated with developing both market
rate and affordable housing. The following describes aspects of KMA's experience relevant to the
requested scope of services:
A.MARl<ET AND FINANCIAL ANALYSIS OF PROJECTS WITH AN AFFORDABLE HOUSING COMPONENT
Market and Financial Analysis
KMA prepares market and financial analyses that result in identifying an appropriate level of client
investment in a project. We evaluate the impact of burdens and incentives on affordable housing
programs and advise on all aspects of project funding sources, Including the use of available outside
funding and assistance sources. Since 1989, KMA has assisted clients in structuring affordable housing
projects that use multiple funding sources including the following:
1.Low Income Housing Tax Credits (Tax Credits), including both the competitively awarded 9% Tax
Credits and the 4% Tax Credits that are awarded in conjunction with Tax Exempt Multifamily
Bonds allocated by the California Debt Limit Allocation Committee (CDLAC).
2.Low and Moderate Income Housing Asset Funds (Housing Asset funds).
3.Funding sources admi nistered by the California Department of Housing and Community
Development Including:
a.Affordable Housing and Sustainable Communities (AHSC} funds;
b.Multifamily Housing Program (MHP) funds;
c.No Place Like Home (NPLH) funds; and
d.Project Homekey funds.
4.California Housing Financing Agency (CalHFA) funds.
5.United States Department of Housing and Urban Development (HUD} funds including:
a.HOME Program funds;
b.Community Development Block Grant (CDBG) funds;
Keyser Marston Associates, Inc. Page I 4
EXHIBIT 1
City Council 2 –42 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
c.Neighborhood Stabilization Program (NSP) fun ds; and
d.Section 8 Project-Based Vouchers (PBVs).
6.Federal Home Loan Bank (FHLB} Affordable Housing Program (AHP) funds.
Layering and Leveraging Analyses
KMA prepares market and financial analyses to quantify the appropriate level of client assistance to a
project. We evaluate the impact of burdens and incentives on affordable housing programs and advise
on all _aspects of project structuring, including the use of available outside funding and assistance
sources. KMA has extensive experience preparing HOME layering analyses under the HOME final rule.
Project Planning and Leasing: Disposit'ion Services
KMA disposition services include assisting clients with the preparation of developer solicitation
documentation, analysis of development proposals, developer selection, participation in negotiations,
and assistance with transaction structuring. KMA advises clients regarding financial structuring utilizing
its expertise in the deployment of public revenue sources. KMA also has unp aralleled experience in
the negotiation of ground leases between the public and private sectors.
lnclusionary Housing Programs Creation and Implementation
KMA's inclusionary housing services range from limited tasks such as analyses that support the
imposition of in-lieu fees to the full design of new inclusionary housing programs with all of its
ordinance and implementation provisions. Following is a list of inclusionary housing assignments that
have been undertaken by the Los Angeles KMA office:
City of Alhambra City of Oceanside
City of Beverly Hills City of Pasadena
City of Burbank -City of Pomona
City of Campbell City of Redon do Beach
City of Chino Hills City of San Buenaventura
City of Claremont City of San Dimas
City of Dana Point (Not Adopted) City of San Jose
City of Davis City of Santa Ana
City of Duarte City of Santa Clarita
Keyser Marston Associates, Inc. Page I 5
EXHIBIT 1
City Council 2 –43 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
City of Glendale City of Santa Cruz
City of Huntington Beach City of Santa Paula
City of Long Beach City of Tustin
City of Los Angeles (Not Adopted) City of West Hollywood
County of Los Angeles City of Whittier
City of Newport Beach
Affordable Housing Trans.action Structuring Services
KMA has the experience necessary to provide the following services to the City:
Keyser Marston Associates, Inc. Page I 6
EXHIBIT 1
City Council 2 –44 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Bond Advisory Services
KMA has the qualifications to provide the following bond advisory services:
[
[
[
[
' � � � '0 /-/: , ' -� � ' "' '�rel!!ari;! reasiHillty !l:malyses td',determine whether It is '1' '.' ,, advisable to proceed with proposed bpiid issues.' , : · '' \ { >y, ' " ' ;c " ' ,� ' ,, �
�, �·
�
' < � "' " ' '\ ! ' � ,_ evalullte tHe !lnancial strength of proposed projects and , 'development teams, , . , ·• · : . ' ·, f0 / "' < ' M ' ' > i
Policies and Procedures Manuals
I
I
I
I
I
KMA prepares policies and procedures manuals that are used to implement inclusionary housing
programs, including manuals dedicated to developers, tenants and home buyers. In addition, KMA has
prepared policies and procedures manuals for clients to ensure compliance with HOME Program
regulations and programs funded by the Ne ighborhood Stabilization Program.
Keyser Marston Associates, Inc, Page I 7
EXHIBIT 1
City Council 2 –45 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
B.PROFORMA AND PROJECT ANALYSIS
For the purposes of KMA's pro forma analysis services, KMA reviews the proposed scope of
development, conceptual development plans, the developer's pro forma analysis, and any additional
·available information that describes the proposed project. KMA will work with City/Housing Authority
staff to clarify any questions regarding the project and to identify any major financia·I issues with the
proposed development plari.
At the completion of that process, l<MA prepares an initial pro forma analysis to estimate the financial
gap associated with the proposed project. The KMA analysis will include the following components:
1.Development Costs: The accuracy and reasonableness of the developer's cost estimates will be
reviewed and evaluated. The specific cost categories that will be considered are:
a.The estimated construction costs;
b.The amount of the developer fee being requested; and
c.Other financial elements of the development cost proforma as _necessary.
2.KMA will evaluate the sales price or rent structure assumptions applied in the developer's pro
forma especially with regards to any income and affordability restrictions Imposed on the
project.
3.l<MA will review and evaluate the reasonableness of the operating expense estimates provided
by the developer.
4.KMA will review and evaluate the sources and uses of funds proposed to be used during the
construction period and on a permanent basis.
5.KMA will quantify the financial gap associated with the project.
6.KMA Will prepare a cash flow projection that covers the period during which the income and
affordability covenants will be in place.
KMA will prepare a memorandum that describes the assumptions and methodol ogy that were applied
in the financial analysis. Based on the findings of the analysis, KMA will provide conclusions and
recommendations for the City including the warranted financial assistance amount and best practices
for structuring the City's financial assistance.
Keyser Marston Associates, Inc. Page I 8
EXHIBIT 1
City Council 2 –46 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
If the City intends to utilize Hou�ing Asset funds as one of the funding sources for the project, SB 341
requires that any expenditure of Housing Asset funds must comply with the requirements set forth in
H&SC Section 34176.1. As part of the KMA proforma and financial gap anal ysis outlined above, KMA
will quantify the minimum number of extremely low units and the maximum number of low income
units that can be assisted in order to comply with the SB 341 expenditure requirements. KMA is also
available to assist the Housing Authority in preparing the annual SB 341 Report.
C.COMPLIANCE MONITORING: GENERAL SERVICES AND OPERATING BUDGETS
Affordable rental housing is typically funded with a variety of layered funding sources. These sources
impose income and affordability restrictions that require clients to monitor compliance of the relevant
affordable standard. KMA's experience includes structuring housing projects funded with multiple
assistance sources and monitoring the completed pr ojects to ensure continuing compliance with the
income and affordability covenants.
In addition, KMA regularly reviews operating budgets, quarterly financial reports and annual audited
financial statements to ensure that projects are operating appropriately. KMA will identify any
operational issues or concerns, and is available to work with the City to address these issues with
project owners.
D.COMPLIANCE MONITORING: RESIDUAL RECEIPTS CALCULATIONS AND COMPLIANCE
KMA has assisted clients in the evaluation of affordable housing operations and ensuring compliance
with residual receipts loan repayment terms. The evaluation typically includes a review of the annual
audited financial statements and operating statements to determine any residual receipts payments
due.
E.REGULATORY REPORTING: SB 341 AFFORDABLE HOUSING REPORTS
For any project that includes Housing Asset Funds, KMA quantifies the allocation of Hou sing Asset
Funds per the expenditure requirements imposed by California Health and Safety Code {H&SC) Section
34176.1. In addition, KMA has prepared a template to be used by Housing Successor staff to prepare
the required annual SB 341 report. KMA also prepares the report for many of our housing successor
agency clients.
Keyser Marston Associates1 Inc. Page I 9
EXHIBIT 1
City Council 2 –47 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
F.As NEEDED IMPLEMENTATION SERVICES
KMA is available to assist the City and Housing Authority with any additional services that are not
specifically identified in this RFP. For your information, KMA regularly provides the following additional
services to our clients:
Density Bonus Analysis
KMA provides evaluation services related to density bonus applications submitted under the auspices
of California Government Code Sections 65915-65918. A representative list of clients that KMA has
assisted includes the cities of Palmdale, Beverly Hills, Culver City, Pasadeha, West Hollywood and Santa
Barbara.
The services that KMA provides include the preparation of financial analyses that are used to evaluate
density bonus applications Including: the required number of affordable units; the requested density
bonus; the value of any requested incentives and concessions; and the impact created by any
requested development standards waivers. KMA also prepares procedures to be applied by a city in
evaluating density bonus applications, which includes a timeline of actions for the app licant, the city,
the outside consultants, the Planning Commission and the City Council.
Homebuyer Loan Programs
KMA has assisted several cities and former redevelopment agencies in creating homebuyer assistance
programs that serve households at a range of income levels. The KMA role in this process has been to
assist in creating the program parameters such as household income qualifications, affordable housing
cost calculations, homebuyer down payment requirements, assistance caps, refinancing limitations,
junior lien prohibitions and resale controls.
KMA has also assisted numerous jurisdictions in preparing policies and proced ures manuals for
homebuyer programs. The attachments in these manuals include homebuyer selection procedures;
homebuyer eligibility applications and instructions; covenants and resale restrictions; transfer
disclosure statements; residency recertification forms; household income limits; affordable housing
cost calculations; and a subordination checklist.
KMA provided technical financial assistance to the City of Huntington Beach in creating a website that
lays out the income and affordable housing cost calculations applicable to the homebuyer programs
offered by the city and former redevelopment agency. The website Information is updated quarterly.
Keyser Marston Associates, Inc. Page J 10
EXHIBIT 1
City Council 2 –48 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Ill. PERSONNEL EXPERIENCE
A.PRINCIPAL IN CHARGE
l<MA has designated Tim Bretz as the Principal in charge of this proposed engagement. Tim will
provide management coordination for the financial analysis services to be provided to the City and/or
Housing Authority. Tim's contact information follows:
Tim Bretz
Senior Principal, KMA Los Angeles
·Telephone: 213.622.8095 Email: tbretz@keysermarston.com
B.l{EY STAFF
l<MA's unique strength is the depth, continuity and availability of our principals who average more
than 20 years of practical experience working with our public and institutional clients. All work
assignments are directly supervised by a principal, and it is the personal involvement of our principals
that contribute to the firm's ongoing success. For each assignment, it is l<MA's policy to assign a
principal with specific expertise in the subject matter to lead the consulting team.
Summaries of these individuals' experience follow:
Tim Bretz, Tim has been with KMA since 2008. During that time he has assisted a
Senior Principal number of public agencies with affordable housing and real estate
assignments. Tim has perfor.med affordable housing feasibility,
analyses; and marketand reuse analyses for residential, mixed-use,
hotel, office and industrial projects. He has also prepared residential
nexus and commercial linkage fee studies to support impact fees to be
used for affordable housing activities.
Kathleen Head, l<athe joined the firm in 1983, and manages the firm's affordable
President housing practice. l<athe's specific areas of expertise are affordable
housing transaction structuring and program creation; community
benefits analyses related to proposed development; and public/private
joint development transactions.
Keyser Marston Associates, Inc. Page 111
EXHIBIT 1
City Council 2 –49 11/16/2021
. CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSIN G FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Greg Soo-Hoo,
Senior Principal
Julie Romey
Senior Principal
Courtney Holt,
Senior Associate
Greg is a registered Municipal Advisor Principal with the Municipal
Securities Rulemaking Board (MSRB) and the U.S. Securities and
Exchange Commission (SEC). He has over 35 years of experience in
redevelopment and public finance, including acting as the Fiscal
Consultant to Successor Agency and Redevelopment Agency bond
financings totaling over °$6.2 billion.
Julie is a Senior Principal in the Los Angeles office who has over 20
years of real estate and affordable housing experience. Julie has had a
role in structuring development agreements, affordable housing
strategies, HOME Program policies and procedures manuals, preparing
HOME Layering Analyses, and monitoring affordability restrictions and
loan agreements.
Courtney is a Senior Associate in the Los Angeles office who joined
KMA in 2017 with a background in asset management, economic and
market analysis, and land use planning. Courtney's work at KMA
focuses on affordable housing studies and nexus analyses, market and
demographic studies, HOME Program policies and procedures, and
affordable housing monitoring and compliance review.
. . . .
IV.RELEVANT EXPERIENCE
A sample of similar services that KMA has provided to clients within the last five years is included
below:
County of San Bernardino -Affordable I-lousing Development Projects
Since 2013, KMA has been the County of Sail Bernardino's affordable housing and real estate
consultant. During this period, KMA has assisted the County with affordable housing projects that
include a mix of new construction, acquisition/rehabilitation, and work-out strategies for existing
• projects experiencing operational difficulties. KMA conducts detailed pro forma analyses, advises on
recommended deal terms and structuring, and provides negotiating support to County staff.
KMA analyzes projects that are financed with both 9% and 4% Low Income Housing Tax Credits and
conventional financing. In addition, the County has provided NSPl and NSP 3 funds, tax-exempt bon.ds
·that were secured by property tax increment housing set-aside funds, MHSA funds, and HOME funds.
kMA assists in the negotiations process, quantifies the warranted local assistance to the project, and
prepares the public reports required by California Health and Safety Code Section 33433. KMA also
prepares HOME Underwriting and Subsidy Layering Reviews for projects th�t utilize HOME funds.
Keyser Marston Associates, Inc. Page I 12
EXHIBIT 1
City Council 2 –50 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
One of these projects is the multi-phase Bloomington multigenerational housing and public library
mixed use project being developed on a County-owned site. Phase I of the project consisted of 72
senior-citizen apartment units, 35 family apartment units, and a 6,600 square foot public library. Phase
1 also included 11 permanent supportive _housing (PSH) units. Phase II consisted of 84 afforda.ble
family apartm ents. Phase Ill •is cuuently under construction and will include 98 affordable units
including 20 PSH units. Phase Ill also.includes the development of a public park adjacent to the Site.
Specifically with regards to Phase Ill, the developer requested financial assistance from the County,
which consisted of the following sources: a capitalized land rent, NSP 3 funds, Tax-Exempt Bond
proceeds, Low and Moderate Income Housing Asset (LMIHAF) funds, and HOME funds. KMA analyzed
multiple pro forma and cash flow scenarios to determine the best financial structure for the project.
KMA also assisted in negotiations with the developer, advised on the ground lease structure, as well as
·provided HOME lay ering analysis services -including identifying the number of required HOME units
and preparing a HOME Subsidy Layering Review. Since the site was purchased with tax-exempt bonds
secured by property tax increment housing set-aside funds, l<MA also prepared a 33433 Report and
reuse analysis for the project. KMA completed financial advisory services for Phase Ill in 2020.Deputy Executive Officer -Community Development & Housing Agency County of San Bernardino Phone: 909c387-4411 Email: dena.fuentes@cdh.sbcounty.gov . 385 N. Arrowhead Ave., 3,tl Floor, San Bernardino, CA 92415-0121 City of Los Angeles -Los Angeles Housing Department (LAHD}
KMA provides ongoing affordable housing consulting services to LAHD on a variety.of affordable
ownership and rental projects. LAHD received numerous properties from the former Community
Redevelopment Agency of the City of Los Angeles, as well as surplus properties from other City
departments. These properties are proposed to be developed with affordable housing projects with a
focus on providing PSH units. KMA's tasks include:
1.Affordability and feasibil.ity gap analyses;
2.Property disposition reports; and
3.Developer selection and negotiation for long term ground leases
Keyser Marston Associates, Inc. Page I 13
EXHIBIT 1
City Council 2 –51 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
The projects that KMA analyzes are financed with a variety of funding sources including Tax Credits,
HCD funding sources, and the city's HHH funds, which are designated for PSH units. KMA summarizes
each transaction in a memorandum and p�esents each project to LAH D's Loan Committee for approval.
KMA is currently providing financial advisory services to LAHD.
One of these projects involved four parcels lo.cated at 6901-15 South Main Street and owned by LAHD,
·which were adjacent to a parcel owned by the developer. The disposition structure involved selling the
four LAHD parcels to the developer via a carry-back loan provided by LAHD. The developer is required
to construct a 50-unit affordable apartment project on the combined site. In addition to conveyance of
the site, the developer requested that LAHD issue tax-exempt multifamily bonds and provide HHH
Funds. The developer is also proposing to finance the project with 4% Tax Credits, Affordable Housing
Program (AHP) funds, and funds from the Los Angeles Community Development Authority {LACDA).
KMA analyzed multiple pro forma and cash flo"" scenarios to determine the best site conveyance and
financial assistance structure for LAHD. KMA prepared a Loan Committee Report for the project as
well as worked with LAHD staff to prepare the project's term sheet. KMA atten ded LAH D's Loan
Committee meeting to discuss the project and responded to questions posed by the Loan Committee.
Since the site was purchased with tax-exempt bonds secured by property tax increment housing set
aside funds, KMA also prepared a 33433 Report. KMA completed financial advisory services for this
project in 2017.
Acting Director -Housing Strategies & Services Division
City of Los Angeles Housing Department (LAHD)
Phone: 213-808-8592
Email: magdalina.zakaryan@lacity.org
1200 W. 7th Street, 8th Floor, Los Angeles, CA 90017
City of Anaheim -Affordable Housing Development Projects
Since the late 1970s, KMA has been the former redevelopment agency's real estate advisor.
Commencing in the late 1980s, KMA has represented the former redevelopment agency and Anaheim
Housing Authority in a wide array of affordable housing matters.
KMA provi des on-going real estate and negotiations assistance to Anaheim on a variety of affordable
housing transactions including ownership and rental projects. In some instances, the City ground
leases the City-owned site to an affordable housing developer for the purposes of the project. KMA's
Keyser Marston Associates, Inc. Page I 14
EXHIBIT 1
City Council 2 –52 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
tasks include financial and feasibility analyses, property disposition and negotiation for long-term
ground leases. The projects are financed with a variety of funding sources including Low Income
Housing Tax Credits, HOME funds, Section 8 Project-Based Vouchers (PBVs) and State of California
funding sources. Recent projects include a motel conversion which will create 70 PSH units as well as a
proposed 100-unit PSH project to be developed adjac entto a shelter facility.
l(MA also assists the City with developer selection services. These services include the assistance in
drafting the RFQ/P, financial assessments of proposed outside leveraging sources and the financial
assistance package being requested, participating in the Interview process and negotiating the
assistance package dollar amount and structure.
In addition, KMA provides policy-related services including compliance monitoring and reporting,
density bonus policy and related analyses, and public presentations on inclusionary housing and impact
fee issues.
One of the projects that KMA has provided financial advisory services for is the.
Manchester/Orangewood development. The former Redevelopment Agency acquired the
Manchester/Orangewood site in 2008. In 2018, the City/Housing Authority issued a request for
proposals to develop the site with affordable housing. KMA participated in the RFP evaluation panel
and advised the City/Housing Authority on the selection of the developer, Jamboree Housing
Corporation. Subsequently, KMA reviewed the developer's pro formas, prepared financial gap
analyses, and assisted the Housing Authority in negotiating the ground lease terms and financial
assistance structure. The project includes 102 apartment units restricted to extremely-low, very-low
and low income households. Twenty (20) units in the project will be restricted as permanent
supportive housing {PSH) units for homeless households. The outside funding sources included 9% Tax
Credits and Orange County Housing Trust funds. The Housing Authority provided a ca pitalized ground
rent payment, HOME funds and Low and Moderate Income Housing Asset fu nds. KMA completed
financial advisory services for this project in 2020. Community Investment Manager� Community & Economic Development City of Anaheim Phone: 714-765-4368 Email: anogal@anaheim.net 201 South Anaheim Blvd, Suite 1003, Anaheim, CA 92805 Keyser Marston Associates, Inc. Page I 15
EXHIBIT 1
City Council 2 –53 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Los Angeles County Development Authority (LACDA}
Since 2015, KMA has been providing on-goingflnancial consulting services to LAC DA. In particular,
KMA has reviewed development proposals from throughout the County that are submitted through
the LACDA's NOFA process. This task includes performing a threshold review of the financial and
economic components of the project as well as a technical review that considers the LACDA's
underwriting guidelines and fundi ng/market conditions to de.termine the feasibility as well as need for
assistance. KMA then presents the proposals to the LACDA NOFA Committee and discusses how to
resolve identified issues.
KMA has also been on various developer selection review panels for LACDA, including the recent
American Legion Site in Downey that is owned by the County and near a transit station. As the number
of projects and funding sources have increased for LACDA, KMA has als·o assisted staff with moving
projects through the underwriting process. KMA is currently assisting LACDA with numerous loan
closings. Director of the Housing Investment & Finance Division Los Angeles County Development Authority Phone: 626-586-1806 · Email: lynn.katano@lacda.or�700 W. Main Street, Alhambra, CA 91801
City of Huntington Beach
Since 1984, KMA has represented the City of Huntington Beach, the former redevelopment agency,
and the Housing Successor Agency. A summary of the affordable housing services provided by KMA
includes:
1.Financial gap analyses in support of the assistance packages provided to affordable rental and
permanent supportive housing projects. Funding sources include 9% Tax Credits, Tax-Exempt
Multifamily Bonds coupled with 4% Tax Credits, NPLH funds, MHSA funds, AHP funds, Orange
County Business Housing Trust Funds, and HUD Section 8 Project Based Rental Assistance
Vouchers (PBVs).
2.Capital planning for the use of affordable housing funds and annual preparation of the Housing
Successor's SB 341 report.
Keyser Marston Associates, Inc. Page [ 16
EXHIBIT 1
City Council 2 –54 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
3.Creation of the monitoring system for.the existing affordable housing projects and ongoing
compliance monitoring for those-p rojects.
4.Loan repayment monitoring for a city loan to the developer of a large scale mixed-use project
with an affordable housing component.
5.Assistance in selling a city-owned affordable housing project to a nonprofit developer.
6.The following activities related to the City's lnclusionary Housing Ordinance:
a.In 2007 KMA assisted the City in memorializing inclusionary housing obligations in the
form of an ordinance;
b.In 2009 KMA prepared financial analyses to estimate the in-lieu fees that could be
supported for three to nine unit projects on a financially feasible basis;
c.In 2011 KMA prepared a policies and procedures manual in support of the inclusionary
housing ordinance;
d.In 2012 KMA prepared financial analyses to estimate the in-lieu fees that could be
supported for three to 30 unit projects on a financially feasible basis;
e.In 2020 KMA prepared an updated financial evaluation to assist the City in updating the
existing lnclusionary Housing Ordinance;
f.On an annual basis, KMA updates the in-lieu fee schedule; and
g.On an ad hoc basis, KMA prepares in-lieu fee determinations fo r proposed residential
developme nts.
Keyser Marston Associates, Inc.
Community Development Director
City of Huntington Beach
·Phone: 714-536-5554
Email: Ursula.luna-reynosa@surfcity-hb.org
2000 Main Street, Huntington Beach, CA 92648
Page I 17
EXHIBIT 1
City Council 2 –55 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
V.· REFERENCES
The following are five references corresponding to the KMA experience summarized above: Dep:uty Exec:utive Officer -Comrrrnnity Development & Ho:using Agency Co:unty of San Bernardino Phone: 909-387-4411 Email: dena;f:uentes@cdh.sbco:unty.gov 385 N. Arrowhead Ave.,'J'd Floor, San Bernardino, CA 92415-0121 Acting Director -Housing Strategies & Services Division City of Los Angeles Housing + Corrrrnunity Investment Department Phone: 213-808-8592 Email: magdalina.zakaryan@lacity.org 1200 W. 7th Street, 8th Floor, Los Angeles, CA 90017 Corrrrnunity Investment Manager -Corrrrnunity & Economic Development City of Anaheim Phone: 714-765-4368 Email: anogal@anaheim.net 201 South Anaheim Blvd, Suite 1003, Anaheim, CA 92805 Director of the Housing Investment & Finance Division Los Angeles County Development Authority Phone: 626-586-1806 Email: lynn.katano@lacda.org 700 W. Main Street, Alhambra, CA 91801 Keyser Marston Associates, lnc. Page I 18
EXHIBIT 1
City Council 2 –56 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
VI.FEE SCHEDULE
Community Development Director
City of Huntington Beach
Phone: 714-536-5554
Email: Ursula.luna-reynosa@surfcity-hb.org
2000 Main Street, Huntington Beach, CA 92648
The KMA billing rate schedule for Fiscal Year 2021-2022 is presented in the following table:
Chairman & President
Managing Principals*
ser11or P-rincipaJs•
Principals*
Managers*
Senior Associates
Associates
"·~ Senior Analysts
----v.,---.,,,.._--., Analysts
Technical Staff
'A1:fmfnistrai:ive st'Mt
$280.00
$280.00 ········ · s'2Y,n\o
$250.00
$225.00
$187.50 s16'rso
$150.00
$136.60
$95.00 sso:oo
*Rates for individu als in these categories will be increased by 50% for time spent in court testimony.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty
{30) days of invoice date. Directly related job expenses will be billed at 110% of cost.
Keyser Marston Associates, lnc. Page I 19
EXHIBIT 1
City Council 2 –57 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
· AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
A.PROPOSED FEE AND Tl MELINE FOR SAMPLE ASSIGNMENTS
Subsidy Layering for an Affordable Multi-Family Project
The technical components of a subsidy layering analysis can be completed at a budget in a range of
· $13,000 within a three to four-week time frame. However, this timeframe is dependent on the
accuracy of the (leveloper's submittal and the timeliness on responses from the developer. This
budget does not include KMA participation in the negotiations or transaction structuring process,
which vary widely based on the transaction's level of complexity.
Financial Advisory Services for a Multi-Family Bond Issuance
Based on the scope of bond advisory services described in Exhibit A of this proposal, KMA estimates·
the fee related to a multi-family bond issue in the range of $20,000. The KMA services would be
provided throughout the negotiations, structuring and financing process for a project.
This can be accomplished in as few as 90 days, but the process is more likely to require six months or
more to complete.
VII.DISCLOSURES AND DISCLAIMERS
City represents, acknowledges and agrees that:
1.KMA is not advising or recommending any action be taken by the City with respect to any
prospective, new or existing municipal financial products or issuance of municipal securities
(including with respect to the structure, timing, terms and other similar matters concerning
such financial products or issues);
2.KMA is not acting as a municipal advisor to City and does not assume any fiduciary duty
hereunder, including, without limitation, a fiduciary duty to City pursuant to Section 15B of the
Exchange Act with respect to the services provided hereunder and any information and
material contained in Consultant's work product; and
3.City shall discuss any such information and material contained in KMA's work product With any
and all internal and/or external advisors and experts, including its own municipal advisors, that
it deems appropriate before acting on the information and material.
Keyser Marston Associates, Inc. Page I 20
EXHIBIT 1
City Council 2 –58 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
City further represents, acknowledges and agrees that:
1.City uses the services of one or more municipal advisors registered with the SEC to advise it in
connection with municipal financial products and the issuance of municipal securities;
2.City is not looking to KMA to provide, and City shall not otherwise request or require KMA to
provide, any advice or recommendations with respect to municipal finantial products or the·
issuance of municipal securities (including any advice or recommendations with respect to the
structure, timing, terms, and other similar matters concerning such financial products or
issues);
3.City warrants that the provisions of this contract and the services to be provided hereunder are
not intended (and shall not be construed) to constitute or include any municipal advisory
services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as
amended, and the rules and regulations adopted thereunder; and
4.Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding
municipal advisory activities is currently quite limited and is likely to evolve and develop during
the term of the contract and, to that end, the City will work with KMA throughout the term of
the contract to ensure that the contract and the services to be provided by KMA hereunder, is
interpreted by the parties, and if necessary amended, in a manner intended to ensure that the
City is not asking KMA to provide, and KMA is not in fact providing or required to provide, any
municipal advisory services.
Keyser Marston Associates, Inc. Page I 21
EXHIBIT 1
City Council 2 –59 11/16/2021
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
EXHIBITS
Keyser Marston Associates, Inc. Page I 22
EXHIBIT 1
City Council 2 –60 11/16/2021
TO BE INCLUDED IN PROPOSAL
EXHIBITS
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE
Cer tification -I certify that I have read, understand and agree to the terms and conditions of this Request
for Qual ifications. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of
work requirements. I am familiar with all of the existing conditions and limitations that may impact work
requests. I understand and agree that I am responsible for reporting any errors, omissions or
discrepancies to the City for clarification prior to the submission of my proposal.
Keyser Marston Associates, Inc.
LEGAL NAME OF COMPANY
500 South Grand Ave, Suite 1480, Los Angeles, CA 90071
BUSINESS ADDRESS
Tim Bretz
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT
94-2363741
FEDERAL ID NO. (IF APPLICABLE)
9/20/2021
P: 213-622-8095 / F: 213-622-5201
PHONE AND FAX NUMBER
Senior Principal
TITLE
tbretz@keysermarsto n .com
DATE E-MAIL ADDRESS
CONTRACTOR LICENSE NO. (IF APPLICABLE)
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 13
EXHIBIT 1
City Council 2 –61 11/16/2021
EXHIBIT C
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
ADDITI ONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _______________ _
This endorsement modifies such insurance as is afforded by the provisions of Policy# _______ _
relating to the following:
1.The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees,
agents, volunteer s and· representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of
the named insured.
2.With respect to claims arising out of the operations and uses performed by or on beh alf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3.This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of lia bility. The inclusion of any person or organization as an insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4.With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written noti ce has been given to the City of Santa Ana, 20
Civic Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersig nature, is required to make this endorsement effective.)
Effective
Policy#
Issued to
_______________ , this endorsement form as part of
Name Insured
Countersign ed by: ---��--,------,-,=-----,---�--Authorized Representative
TO BE INCLUDED IN PROPOSAL
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 14
EXHIBIT 1
City Council 2 –62 11/16/2021
EXHIBIT D
CITY OF SANTA ANA COMMU NITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
List and describe the contracts performed by your firm which demonstrate your ability to provide the services
included in the scope of seFVices. Attach additional pages if required for additional references. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name:
Address:
Contract Amount:
San Bernardino County Contract Individual:
385 N. Arrowhead Ave, 3rd Floor Phone Number:
San Bernardino, CA 92415-0121 Facsimile Number:
$400,000 Year: ���---------
Description of services provided:
Dena Fuentes
909-387-4411
909-387-4415
2021 -2026
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and HOME Subsidy Layering Reviews.
Reference No. 2
Customer Name:
Address:
Contract Amount:
L os Angeles Housing Department Contract Individual:
1200 W. 7th Street, 81h Floor Phone Number: ------�-----
--=Lo=-cs:..:A...cncc;g2.ceccle=-cs:..c, -=C==-A.:...9::c0=-c0:..:1cc.7____ F acs im ile Number:
$360,000 Year: --"'���--------
Description of services provided:
Magdalina Zakaryan
213-808-8592
N/A
2020 -2021
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and Loan Committee presentations.
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 15
EXHIBIT 1
City Council 2 –63 11/16/2021
Reference No. 3
Customer Name:
Address:
Contract Amount:
City of Anaheim Contract Individual:
201 S. Anaheim Blvd, Suite 1003 Phone Number:
Anaheim, CA 92805 Facsimile Number: ...:....:===-====------
�$50,000 /ye a r (for 2020 & 2021) Year:
Description of services provided:
Andy Nogal
714-765-4368
714-765-4313
1989 -present
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and housing policy analyses.
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 16
EXHIBIT 1
City Council 2 –64 11/16/2021
TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COM MUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATION S FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted
by the City of Santa Ana (hereinafter "the City") shall <;onstitute the entire agreement between proposer and the City
only after it has been accept ed by the City, endorsed by the Clerk of the Council with his/her signature and official
seal noting here on the action of approval oftheCouncil, signed by the Executive Director or his/her duly authorized
agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution,
and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal
Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and
the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall· become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the
undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFQ.
Keyser Marston Associates, Inc.
FIRM
��
Tim Bretz
SIGNED AND PRINTED NAME
Senior Principal
TITLE
City of Santa Ana Community Development Agency
September 20, 2021
DATE
Request for Qua lifications -Affordable Housing Financial, Analytical and Advisory Services
Page 17
EXHIBIT 1
City Council 2 –65 11/16/2021
TO BE INCLUDED IN PROPOSAL
EXHIBITF
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QU ALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
. ADVISORY SERVICES (RFQ}
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned. Contractor or corporate officer, during the performance of this contract, certifies as follows:
1.The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin or any other protected class. 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, national origin or any other protected class. Such action shall include, 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, national origin or any other protected class.
3.The Contractor shall send to each labor union or representative of workers with which he 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 under 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/services 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
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 18
EXHIBIT 1
City Council 2 –66 11/16/2021
in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor,
or as otherwise provided by law.
7.The Contractor shall include the portion of the sentence immediately preceding paragraph (1) 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 Sec tion 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 dire ction by the administering agency, the·
8.Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
9.Pursuant to California Labor Gode Section 1735, as added by Chapter 643 Stats .. 1039, ahd as amended, ·
No discrimination shall be mac;le in the employment of persons because of race, religious creed, color national origin,
ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class,
except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed
for a violation of the Chapter.
Keyser Marston Associates, Inc.
FIRM
��-
SIGNED AND PRINTED NAME
Senior Principal
TITLE
Tim Bretz
City of Santa Ana Community Development Agency
September 20, 2021
DATE
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 19
EXHIBIT 1
City Council 2 –67 11/16/2021
TO BE INCLUDED IN PROPOSAL
EXHIBITG
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA,
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER
declares that the bid is not made in the interestof, 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 PROPOSER
has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in
a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other PROPOSER, 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 true; and, further, that the
PROPOSER 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. PROPOSERS are cautioned
that making a false certification may subject the certifier to criminal prosecution.
State of California County of ?of !JiflUf I
Subscribed and sworn to (or affirmed) before me on this __j_L_ day of J.[f/_{llf{IZ, , 20 ...zj__, by
Ttflb1/f1 1:'(mJ_ll,EfZ, , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me. l "' * "" e • !EZ.N;RA �o�z • e f
.i; Notary Public • Callforni:
-J Los Angeles County f, Commission II 2245098 MyComm. Expires Jun 14, 2022
Notary Public Seal
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 20
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