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Home My WebLink About FULL PACKET_2013-06-17MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 28, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern (5:15 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO (5:07 p.m.) COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: KEVIN O'ROURKE, Interim City Manager MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, and Reyna. MOTION: Elect Councilmember Benavides as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tern). MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, and Reyna (4) None (0) None (0) Pulido, Sarmiento and Tinajero (3) CITY COUNCIL MINUTES 1 MAY 28, 2013 1 0A -1 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:06 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' International Union (SEIU) Full -Time Employees CLOSED SESSION REPORT — Reportable actions will be announced at Open Session meeting. ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 MAY 28, 2013 G r�7. REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:30 P.M. ATTENDANCE COUNCILMEMBERS Present: SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: KEVIN O'ROURKE, Interim City Manager MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE COUNCILMEMBER MARTINEZ CLOSED SESSION REPORT — No report. PUBLIC COMMENT — None WORK STUDY SESSION WS FOLLOW UP ON PROPOSED FISCAL YEAR 2013 -14 AND 2014 -15 BUDGETS AND CAPITAL IMPROVEMENT PROGRAM (CIP) — City Manager's Office and Finance Management Services Agency City of Santa Ana Departmental Budget Presentations FY 2013 -15 presented by Interim City Manager K. O'Rourke CITY COUNCIL MINUTES 3 MAY 28, 2013 i NMI Total City Budget Proposed FY 2013-14 103,802,020 Proposed FY 2014-15 106,810,920 - -- -------------- - Fire & Medic Services Proposed ... Major Fund Category FY 2013-14 FY 2014-15 General Fund 205,741,000 204,516,000 General Fund Related 4,126,745 1,578,525 Special Revenues 4,311,822 3,048,409 4,488,640 185,574 Community 62,699,850 59,939,950 Development 205,741,000 $204,516,000 Special Revenue Funds 27,959,755 18,803,224 Capital Funds 29,454,518 11,773,866 Enterprise Funds 98,150,460 94,302,020 Totals 428,132,328 390,913,585 General Fund Budget Police Department Proposed FY 2013-14 103,802,020 Proposed FY 2014-15 106,810,920 - -- -------------- - Fire & Medic Services - - - -- - - - 40,218,470 -- - 41,018,818 Parks, Recreation & Community Svcs. (Includes Library Services) _ 17,168,840 17,380,345 Debt Service Planning & Building 10,344,825 7,266,504 10,499,825 7,429,421 Public Works Agency 5,170,930 5,215,520 Finance Reserves 4,311,822 3,048,409 4,488,640 185,574 Other General Services* 14,409,180 11,486,937 Totals 205,741,000 $204,516,000 included information from City Manager's Office, City Attorney, Clerk of the Council, Personnel, Bowers, and Non - Departmental. Police Department Mission Statement The central purpose of the Santa Ana Police Department is to protect the lives, property and rights of all people in the city, to maintain order while enforcing laws fairly and impartially. Community oriented policing acts as the foundation to ensure our core functions are achieved. Core Functions • Patrol Services CITY COUNCIL MINUTES 4 MAY 28, 2013 1 0A -4 Investigations Communication Departmental 2 -year Approach • Increase patrol effectiveness by functions: - Special Investigations Division - Strike Force - Main Place Mall Officer - SAUSD Police Chief - Safety Admin Personnel • Filling 16 vacancies and adding 1 - 9 Sworn - 7 Non Sworn reassigning staff from the following new position - 1 Emergency Manager (new) No growth in personnel or services Will continue to address personnel and service cost increases by modifying operational processes, improving efficiencies and through effective employee negotiations Return of furloughs was included in PowerPoint material, but not discussed at meeting. Services Provided Response to emergency and non - emergency calls for service based on priority (24/7) Telephonic and on -line reporting for calls that do not require an officer's presence (24/7) Answering and dispatching emergency /non- emergency (24/7) Criminal and Traffic investigations (10 hour a day coverage with on -call capabilities during the week and on weekends for critical incidents such as homicides or fatal traffic collisions) Ancillary Specialized Units: SWAT and Mounted. Strike Force will be assigned to patrol and specialized units will be activated to respond to critical incidents related to civil unrest or barricaded /hostage situations. Specialized units may also participate in grant funded operations. Air support services - Funded through asset forfeiture (contract with sheriff) Homeland Security Program Participation - (3 officers and 2 contractors funded by the UASI grant) Continue to provide full service Type II jail • Community Policing Programs 1. PAAL Center (funded through grants, asset forfeiture, and donations) 2. Parent Academy, Teen Academy, and Jr. COP 3. Volunteer and Chaplin Programs (funded by general fund) 4. Directed Patrol (3 officers funded by the General Fund) 5. Civic Center Patrol (8 officers funded by the Civic Center Authority) CITY COUNCIL MINUTES 5 1 0A -5 MAY 28, 2013 6. Explorer Program (funded by the Santa Ana Police Foundation and supported by the Boy Scouts of America) Program or Service Impacts Reduction in the Career Criminal unit personnel will limit the size and scope of gang criminal enterprise investigations related to narcotics trafficking, extortion and major assaults. This transfer will enhance the core function of patrol by increasing staffing by 2 officers. Transfer of Strike Force (Full time SWAT) to patrol. This will require Strike Force personnel to be directed to an emergency incident from their primary assignments, which will be similar to response models employed by other local police departments. The tactical response time will increase and will be in alignment with the tactical responses of other agencies. This transfer will enhance the core function of patrol by increasing staffing by 9 officers. Transfer the Main Place Officer will support the core function of patrol. The Mall will receive police service based on priority and such delivery will be consistent with services delivered to all businesses in the city. This transfer will enhance the core function of patrol by increasing staffing by one officer. Return the SAUSD Chief to the police department in his classification of Lieutenant. This transfer will enhance the core function of patrol by increasing staffing by one Lieutenant, thereby increasing management oversight in patrol. Combining the Homicide /Gang Homicide units and returning one sergeant to patrol. This will increase supervision for the core function of patrol and will increase investigative effectiveness. Transfer of the Field Operations Administrative Sergeant to the core function of patrol. This transfer will enhance the core function of patrol by increasing staffing by one Sergeant, thereby increasing supervision in the field. Separation of four part-time employees in Investigations and Police Administration. The separation will delay the processing of backgrounds, firearms and internal affairs investigations. Processing will be priority based. Additional Funding Priorities • Hiring of 12 directed patrol officers to re- establish community policing in each of the four policing districts • Department wide integration software system (26 disparate systems) • Hiring of two professional standards sergeants to preserve organizational integrity Councilmember Martinez inquired how much was allocated to core services and total hours of patrol by district. Acting Police Chief Carlos Rojas noted that 12 patrol officers re- assigned. Councilmember Benavides requested clarification on funding priorities as a "wish list ". Councilmember Sarmiento requested matrix on net changes. CITY COUNCIL MINUTES 6 MAY 28, 2013 iil�l�� Orange County Fire Authority - Fire Services Mission Statement 10 We enhance public safety and meet the evolving needs of our communities through education, prevention, and emergency response. Core Functions • Fire /Emergency Medical Services • Fire Prevention /Fire Life Safety • Community Programs Departmental 2 -year Approach 10 Contracting Fire /EMS services contributed to ensuring budget stability and cost containment without compromising core vital emergency services to the residents of the City of Santa Ana. Services Provided y Fire & Emergency Medical Services ® 10 Fire Stations -fully operational 0 9 Medic Fire Engines 3 Medic Ladder Trucks 2 Paramedic Vans 1 Hazmat Unit v Fire Prevention /Fire Life Safety 10 Inspections of all public assemblies, schools, businesses and residential Fire Plan Check Counter @ Ross Annex v Community Programs 0 Fire Station Visits ® Volunteer Firefighting & Explorer Program v Ride - alongs ® Educational Programs © Additional Funding Priorities Additional Funding Priorities Fire Station Capital Improvement Program © To address deferred facility maintenance issues at all ten fire stations in the City of Santa Ana Councilmember Benavides asked if City responsible for Capital Improvements to fire stations. Battalion Chief affirmed and indicated that current service contract allows Orange County Fire Authority to fix minor repairs at a maximum of $15,000 per month. Public Works Agency Mission Statement CITY COUNCIL MINUTES 7 MAY 28, 2013 1 0A -7 v Santa Ana Public Works Agency provides public infrastructure and core municipal services to enhance the quality of life for our residents, businesses, and visitors, making Santa Ana a more desirable place to live, work, invest in, and visit. Core Service Areas ✓ Transportation ✓ Water Resources ✓ Infrastructure Maintenance ✓ Project Delivery ✓ Environmental and Sustainability ✓ Development Services Departmental 2 -year Approach + Continue to Right -Size the Organization ® Optimize efficiencies within new budgeting constraints. ✓ Add 2 positions, eliminate 10 positions, reallocate 2 positions. ✓ Continue to integrate and streamline workflow, project and data systems. ✓ Fill 21 funded vacancies in FY 2013 -14 q Strategize for succession planning. ✓ Prepare /update standard operating manuals. ✓ Implement Full -Cost Recovery Model for Engineering Services (Internal Services - Fund 86) ® New model is financially sustainable and conforms with industry cost accounting principles for public infrastructure Q Develop or update deferred maintenance /capital needs assessments for the various categories of infrastructure (Water & Sewer systems, storm drainage, pavement management, street lights, roadway signage & markings) 10 Services Provided Services Provided Transportation a Highest levels of mobility provided through the Traffic Management Center V Resolution of speeding, parking and traffic problems Major arterial widening projects Traffic corridor synchronization projects Fixed Guideway project Grade Separation project v Services Provided Cont'd. Infrastructure Maintenance Median and right -of -way maintenance Street lights and traffic signals Sidewalk hazard mitigation and repair v Street maintenance and pothole repair CITY COUNCIL MINUTES 8 MAY 28, 2013 illyx;� v Services Provided Cont'd. Environmental and Sustainability Solid waste and recycling Street sweeping Graffiti abatement Illegal dumping and weed abatement Urban forest maintenance v Energy efficiency retrofits d Climate Action Plan Environmental education (Santa Ana Green) Development Services Site plan review Encroachment permits Grading /surface drainage plan check Subdivision map review Transportation permits (wide load) Program or Service Impacts Water System ■ Reinstating the 2 Water System Operators and filling the remaining funded vacancies will restore maintenance levels and initiate transition to proactive maintenance. Traffic Engineering ■ Reduction of Engineering Intern hours partially offset by return of furlough hours but will result in some processing delays. Design Engineering • Deletion of 2 engineering positions reduces in -house capacity to handle peak CIP workloads in the future. Additional Funding Priorities • Floral Park Historic Street Light Retrofit $250,000 • Street Light Maintenance Worker $66,000 • Enhanced Neighborhood Traffic Services $130,000 ■ Cabrillo Street Sidewalk Repair from 4th to 17th $500,000 ■ GIS Programmer $111,265 ■ Emergency Preparedness /Response Program Councilmember Martinez requested clarification as to how much is enterprise fund and general fund. Public Works Director indicated that only 2% was General fund with 10 other major funds making up the balance of departmental budget. Councilmember Benavides requested information on number of positions. Councilmember Sarmiento requested information on number of un- funded positions. *Mayor Pro Tern Tinajero left the meeting at 7:02 p.m. and did not return. CITY COUNCIL MINUTES 9 MAY 28, 2013 1 0A -9 Planning & Building Agency Mission Statement The central purpose of the Planning and Building Agency is to ensure that Santa Ana is a thoughtfully planned, safely built, and well maintained community. v Core Functions v Planning and Development v Building Plan Check and Inspections v Community Preservation Departmental 2 -year Approach Focus resources on front line services Use technology to enhance services and increase productivity Put resources /staff in positions where they will: * Have the greatest impact * Create positive change Touch the most number of people 0 Businesses 0 Residents ® Property Owners 0 Developers 4 Fill (7) existing positions ® (1) Planning position (2) Building positions (4) Community Preservation positions Utilize Santa Ana Volunteer Program (joint program with SAPD) to assist with code enforcement activities v Services Provided Planninq Division: a Implement the City's General Plan and Zoning Ordinance. Assist customers at the public counter. Manage development projects including CEQA/NEPA compliance. v Staff the Planning Commission, Historic Resources Commission, Zoning Administrator and Development & Transportation Committee. Facilitate community participation. Administrative Services: v Provide management and fiscal support to the Planning, Building and Community Preservation Divisions. v Provide executive support to the Planning Commission, Historic Resources Commission and City Council. v Services Provided Cont'd. Building Safety Division: v Assist customers at the public counter. v Ensure and maintain life safety in the built environment through: CITY COUNCIL MINUTES 10 MAY 28, 2013 4 Review and approval of building construction plans 4 Issuance of construction permits 4 Inspections for all new construction Maintain /archive all building documents for the City. Community Preservation Division: v Enforce Municipal Code provisions to ensure safe, orderly, and aesthetically pleasing neighborhoods and commercial areas. • Abandoned Vehicle Abatement Program • Dangerous and abandoned buildings • Vendor violations ,i Unpermitted work / Substandard buildings * Proactive Rental Enforcement Program (PREP) * Collection of fines and assessments through property tax bills v Legal file preparation for criminal prosecution cases. 14 Joint enforcement activities with the Police Department (e.g. Medical Marijuana Dispensaries). v Program or Service Impacts New realities in development processing: 1PeakY±ear��- �1f�3- 1�[�v4 rAthho�cEw�i Development review 35 -days FY 09 -10 (35 -days) 40 -days 40 -days Building plan check 3 -weeks FY 08 -09 (3- weeks) 7-weeks 8 -weeks Building inspections 1 -day FY 10 -11 (1 -day) 3.5 -days 4 -days Code enforcement 3 -days FY 08-09 (4.3-days) 7 -days 9 -days complaint response v Focus Planning activities on development processing and public counter, resulting in: Limited monitoring for compliance of CEQA mitigation measures ? Limited representation on regional planning issues (i.e. SCAG, OCCOG) and legislative advocacy Focus Advanced Planning on General Plan update ($2.6M budgeted). Focus Enforcement activities on addressing complaints, resulting in: 4 Limited proactive code enforcement (CDBG areas) 4 Limited night and weekend code enforcement i No Community Preservation liaisons to neighborhoods Focus Building Safety activities on plan check and inspections, resulting in: 4 Diminished capacity for building damage assessment following an emergency Discontinue Information Desk service /staffing in the Ross Annex Additional Funding Priorities Community Preservation 4 Improve responsiveness by adding staff 4 Increased proactive enforcement outside of CDBG areas Neighborhood liaisons CITY COUNCIL MINUTES 11 1 0A -11 MAY 28, 2013 Advanced Planning Develop focused plans for major corridors (First Street, Main Street, 55- Freeway) Create a "Healthy and Sustainable Foods" ordinance i Revise the Midtown Specific Plan i Expand public education programs /outreach Technology Improvements /Enhancements 4 Expand online services (Permitting, applications submittal, review, payment) 4 Expand GIS (SAPIN / SAGIS integration) ,4 E -Plan review Historic Preservation -i Resume annual historic surveys 4 Create historic districts Economic Development Planning liaison to business community (new and existing development) Councilmember Martinez requested information on allocation of funds by core services, specifically code enforcement and counter hours. Supports expanding code enforcement staffing; also, staffing at Willard and Garfield Community Centers must be a priority. Interim City Manager to provide scenarios and recommendations. Councilmember Benavides applauded the Santa Ana Volunteer Program (joint effort with the Police Department) as a means to assist with code enforcement activities. Parks, Recreation, and Community Services Agency Mission Statement To produce smiles by providing the community opportunities to experience the outdoors, sports, knowledge, art and cultural events, nature, and animals Proactive oriented programs and services acts as the foundation to ensure our core functions are achieved. Core Functions Parks and Recreation Library Services Zoo Departmental 2 -year Approach Criteria used to build the Agency budget: 0 Community Needs 0 Strategic leveraging of existing resources 10 Fairness among Division CITY COUNCIL MINUTES 12 MAY 28, 2013 1 0A -12 4 Will fill 3 vacancies and add 1 Zoo Education Specialist v Leverage park cell tower monies, one additional General Maintenance Worker, and monies in the Agency's general fund deferred maintenance account to make repairs at parks, trails, the Zoo, and selected Recreation facilities. The goal is to reduce the 550 repair requests that are pending to 300 V Complete a park deferred maintenance and capital needs assessment by April 2014 v Return of Furloughs 4 Return of Furloughs v Services Provided v Manage 479 acres of parkland v Provide 1,460 leisure classes involving 17,300 participants Provide services to all parks, joint -use recreational facilities, recreation centers, pools, senior centers, libraries, sport fields, stadium and the Santa Ana Zoo Produce and coordinate 113 community events including Fourth of July, Cinco de Mayo and Fiestas Patrias celebrations Circulate over half a million pieces of library materials per year to 132,687 library cardholders (41 % of the Santa Ana population) Provided quality attractions at the Zoo and reached an all -time high for zoo attendance of 285,553 visitors Service Impacts v The new reality reduces the funding available for part-time hours which will result in less: v Additional Funding Priorities Additional Part-Time Hours $270,000 Willard Joint -Use Park Optimal Staffing $128,000 Expected project completion is January 2014 Garfield Community Center Optimal Staffing $199,000 10 Expected project completion is December 2013 Councilmember Martinez requested information on allocation of funds by core services; noted that past events currently not funded; City should be paying for 4th of July Fireworks event. Councilmember Benavides suggested City allocate funds for 4th of July in 2014. COMMENTS 90A CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 13 MAY 28, 2013 1 0A -13 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Thanked staff for efforts in preparing presentation and in -depth information; constructive criticism provided to better serve our community; important to align budget with Strategic Plan. Councilmember Sarmiento: • Commented on need to engage the community; presentation is great improvement from past. Councilmember Amezcua: • Appreciate thorough presentation. Councilmember Benavides: • Noted that many hours spent preparing for presentation; material better highlights quality services provided to community. ADJOURNED- 7:52 p.m. — Regular Meeting of the City Council is scheduled for Monday, June 3, 2013 at 5:00 p.m. for the Closed Session followed by the Open Session at 5:45 p.m., in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 MAY 28, 2013 1 0A -14 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 3, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern (5:15 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:11 p.m.) MICHELE MARTINEZ ROMAN A. REYNA (5:15 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: NONE STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) JOINT ITEM - City of Santa Ana, Successor Agency and Housing Authority v. Ana J. Matosantos, Director of DOF, State Board of CITY COUNCIL MINUTES 1 0B -1 JUNE 3, 2013 Equalization, et al; Superior Court, Sacramento, Case Number 34- 2013- 800001477 • JOINT ITEM - Hilda Cuenca, Claudia Castaneda, Enima Hernandez, and Evangelina Avalos, on behalf of themselves and others similarly situated v. State of California Department of Finance; Ana J. Matasantos, in her official capacity as Director of the State of California Department of Finance; County of Sacramento Superior Court Case No. 34- 2013- 20001427 • JOINT ITEM — Gerald Peebler v. California Department of Finance, Ana Matosantos, et al, County of Sacramento Superior Court Case No. 34- 2012 - 80001172, awaiting Court of Appeal Case Number. 1B PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager ADJOURNED THE CLOSED SESSION MEETING AT 6:15 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 JUNE 3, 2013 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:18 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA VINCENT F. SARMIENTO PLEDGE OF ALLEGIANCE INVOCATION SPECIAL PRESENTATION COUNCILMEMBERS Absent: None STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO ERIC WAKELING, Police Chaplain CERTIFICATE OF RECOGNITION AND GIFTS to Mayor Roberto Aquino Ruiz of Sonsonate, El Salvador presented by MAYOR PULIDO, MAYOR PRO TEM TINAJERO AND COUNCILMEMBER SARMIENTO for collaborative relationship between the City of Santa Ana and Sonsonate, El Salvador. AGENDA ITEM TAKEN OUT OF ORDER 55A DONATION OF SURPLUS LAW ENFORCEMENT EQUIPMENT TO CITY OF SONSONATE, EL SALVADOR - City Manager's Office MOTION: Adopt a resolution. CITY COUNCIL MINUTES 3 1 0B -3 JUNE 3, 2013 RESOLUTION NO. 2013 -025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE DONATION OF A SURPLUS LAW ENFORCEMENT EQUIPMENT TO THE CITY OF SONSONATE, EL SALVADOR MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PRESENTATIONS PROCLAMATION presented by MAYOR PULIDO to Orange County Fire Authority Battalion Chief Jim Henery and Division Chief Scott Brown recognizing Drowning Prevention Summer. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM TINAJERO to Frank Cabada, student at Godinez Fundamental High School for receiving the Hispanic Heritage Foundation's National ExxonMobil Engineering and Mathematics Award. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Pro Mixed Martial Arts Fighter Gilbert Melendez, for winning the Strikeforce Lightweight Championship and ranking #2 in his weight division. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to MacArthur Fundamental School students for participating and winning the Orange County Academic Pentathlon competition. 7th Grade Team: Selene Chang Angel Cuellar Mikaella Miguel Christina Nguyen Kevin Nguyen Elisa Olivares Blake Pham Brian Roman Justin Salgado CITY COUNCIL MINUTES 8th Grade Team 1 Josceline Acosta Valerie Borroel Ashley Chavez Aaron Mendez Teddy Moreno Sofia Olivares Jesse Perez Giselle Ramos Noah Tristan 4 8t" Grade Team 2: Jason Acosta Vanessa Avalos Kyle Cung Charissa Nguyen Celina Olivares Alexis Ortega Karina Torres Kyle Nguyen Miya Lopez MUM Principal David Casper Teachers /Coaches: Ms. Christine Silva Mrs. Laurie Tristan JUNE 3, 2013 CLOSED SESSION REPORT — No report. PUBLIC COMMENT • Scott Lucero, representing PRAG, spoke in support of medical marijuana dispensaries; ombudsman hired to help represent their interests. • Dr. Mark Burrow, concerned that patient's rights infringed when medical marijuana dispensaries closed. • Bishop L. J. Guillory, representing Office of Ombudsman General, opined that patient's rights not represented; support medical marijuana dispensaries. • Joel Torres, representing H. Martin Foundation, spoke about his service organization. • Courtney Baker, supports medical cannabis dispensaries in Santa Ana. • Raana Assadi, supports medical cannabis dispensaries to alleviate symptoms of glaucoma. • Ron Gavelle, support medical cannabis dispensaries to provide him with appetite stimulants. • Steve Rocco, indicated that he has witnessed police in area of residence, spoke about local newspapers that did not print his intent for recall documents; also, noted that recall requires 15% signature requirement vs. 10% required from Medical Initiative that recently qualified for the November, 2014 General Election. • Manuel Pena, spoke on behalf of Hispanic Affairs Committee, requests support to re- establish the Hispanic Affairs Office (through the Police Department). • Carlos Melendez, spoke on sunshine ordinance, City to fully implement spirit of the ordinance. • Madeline Spencer, supports only temporary amendments to the Sunshine Ordinance. • Alex Vega, spoke about lottery system to assign adult baseball fields to league. • Jesus Nieto, spoke in opposition to adding another adult baseball league. • Maria Velasquez, thanked Councilmember Benavides for improvements at Jerome Park; request improvements be done at other park sites as well. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Sarmiento pulled Agenda Item 19E for separate discussion; • Councilmembers Benavides and Reyna abstained on Agenda Item 25D for potential conflict of interest; • Councilmember Martinez pulled Agenda Items 25C, 25D, and 25H; and • Interim City Manager O'Rourke requested a continuance on Agenda Items 23B and 25E. MOTION: Sarmiento SECOND: Tinajero CITY COUNCIL MINUTES 5 JUNE 3, 2013 1 0B -5 VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MAY 20, 2013 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A LEGISLATIVE COUNCIL COMMITTEE APPOINTMENT - City Manager's Office MOTION: Confirm Councilmembers Martinez and Sarmiento to Legislative Council Committee 13B NOMINATED BY COUNCILMEMBER AMEZCUA AS THE WARD 3 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 13, 2016 — Clerk of the Council Office MOTION: Appoint. Residing Name Board /Commission Ward Ivan Enriquez Youth Commission, Alternate 3 (Replaces J. Madrid) MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — None CITY COUNCIL MINUTES 6 JUNE 3, 2013 �� 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. 19D QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES (JANUARY 2013 — MARCH 2013) - Community Development Agency MOTION: Receive and file. Councilmember Sarmiento requested background information on item. City Attorney Carvalho reported that contracts will be for specialized legal services for a three -year period. Contract approval by the City Council will be forthcoming. Council discussion ensued. City Council supports efforts; all City departments must have coordinated legal services. MOTION: Authorize the City Attorney to issue Request for Qualifications for specialized legal services. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 7 JUNE 3, 2013 1 0B -7 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A 2012 STATE JUSTICE ASSISTANCE GRANT FOR THE ANTI -DRUG ABUSE ENFORCEMENT TEAM - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -132 - Recognizing the 2012 State Justice Assistance Grant in the amount of $113,723 and appropriate same into the 2012 State Justice Assistance Grant fund SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 12 -038 - CONTRACT RENEWAL WITH UNITED RENTAILS INC. FOR EQUIPMENT RENTAL AND CONCRETE — Renew the contract with United Rentals, Inc. for equipment rental and concrete for a one year period in an amount not to exceed $40,000 - Finance & Management Services 22B SPEC. NO. 13 -022 - CONTRACT AWARD TO EN POINTE TECHNOLOGIES FOR VMWARE SUPPORT CONTRACT RENEWAL — Award contract with En Pointe Technoloogies Sales, Inc. for the purchase of a VMware Support Contract in the amount not to exceed $38,600 - Finance & Management Services 22C SPEC. NO. 13 -023 - CONTRACT AWARD TO NEW TECH SOLUTIONS, INC. FOR CISCO NETWORK SWITCH UPGRADES — Award a contract to New Tech Solutions, inc. for the purchase of a Cisco network switch upgrades in the amount not the exceed $77,000 - Finance & Management Services 22D SPEC. NO. 13 -028 - CONTRACT AWARD TO DELL CORP FOR COMPUTERS AND SERVER EQUIPMENT- Award a contract to Dell Computer Corporation for the purchase of computers and server equipment for the Public Works Agency, the Planning and Building Agency and the Parks, Recreation and Community Services Agency in an amount not to exceed $104,000 - Finance & Management Services CITY COUNCIL MINUTES 1 [i : :� JUNE 3, 2013 PROJECTS /CHANGE ORDERS 23A CONTRACT INCREASE TO ADD STREETLIGHTS TO FIRST STREET BRIDGE REPLACEMENT OVER THE SANTA ANA RIVER (PROJECT NO. 061723) - Public Works Agency MOTION: Increase the contract with Powell Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $250,000 for a total estimated contract amount of $8,065,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. MOTION: Table item indefinitely, at the request of staff. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A, 25B and 25E through 25G) 25A AGMT NO. 2013 -074 - ANIMAL SHELTER SERVICES - With the County of Orange in an amount not to exceed $1,068,799 - Police Department 25B AGMT NO. 2013 -075 - HELICOPTER SERVICES - With the Orange County Sheriff's Department in an annual amount not to exceed $360,474 - Police Department Councilmember Martinez requested recap on agenda item. Interim Deputy City Manager D. Kurita informed that agreement will fund completion of the Strategic Plan. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney, with Management Partners, Inc. in an amount not to exceed $50,000. CITY COUNCIL MINUTES 9 JUNE 3, 2013 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Reyna (1) Martinez, Pulido, *Councilmembers Benavides (Boardmember on Kidworks) and Reyna (O.C. Education affiliation) reported potential conflicts of interest on Agenda Item 25D and left the dais during the discussion of this matter. Linda Oberman, Economic Development Manager, Community Development Agency provided background information on process. Councilmember Martinez expressed concern with allocation of certain programs; suggested PREY Council Committee should partake in the decision making and review Request for Proposal. City Council concurred and requested detailed information on one -time City programs and other funded programs. MOTION: Authorize the City Manager and Clerk of the Council to execute agreements, subject to non - substantive changes approved by the City Manager and City Attorney, as follow: 1. Approve and authorize the City Manager and Clerk of the Council to execute agreements for Workforce Investment Act Formula Youth funds with the following Youth Program Operators for Program Year 2013 -2014 in the amount of $982,562. If final allocations are less than anticipated, contract amounts will be decreased proportionately to the actual amount of Youth funds awarded. • AGMT NO. 2013 -077 - Orange County Asian and $101,340 Pacific Islander Community Alliance • AGMT NO. 2013 -078 - Santa Ana Public Library $170,000 • AGMT NO. 2013 -079 - Santa Ana WORK Center $170,000 STEM Youth Program CITY COUNCIL MINUTES 10 [I 1� JUNE 3, 2013 • AGMT NO. 2013 -080 - Orange County Conservation $200,000 Corps • AGMT NO. 2013 -081 - Orange County Children's $180,000 Therapeutic Arts Center • AGMT NO. 2013 -082 - Career College of California $79,920 • AGMT NO. 2013 -083 - KidWorks $81,302 2. AGMT NO. 2013 -084 - Approve and authorize the City Manager and Clerk of the Council extend the term of the Memorandum of Understanding with the Santa Ana WORK Center for the Youth Service Provider Navigator to June 30, 2014 and allocate funding from program year 2013 -2014 funds in the amount of $357,990. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: Benavides, Reyna (2) ABSENT: None (0) Continue consideration of item 25E per staff request. 25F AGMT NO. 2013 -085 - SENIOR MEALS PROGRAMS - With Community SeniorServ, Inc. in an amount of $80,000 - Parks, Recreation & Community Services Agency and Community Develoment Agency 25G AGMT NO. 2013 -086 - SETTLEMENT AGREEMENT WITH LA ESTRELLITA FOR GRAND AVENUE WIDENING (PROJECT NO. 081732 NONGENERAL FUND) - With La Estrellita, tenant of the property located at 208 North Grand Avenue, Unit A (APN 398 - 453 -06), in an amount of $12,962 - Public Works Agency Councilmember Martinez expressed support of infrastructure improvements and securing such facilities. CITY COUNCIL MINUTES 11 1 0B -11 JUNE 3, 2013 MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney, as follows: 1. AGMT NO. 2013 -087 - With Acire, Inc., to provide design -build services for construction of secure bike parking facilities in an amount not to exceed $200,622. 2. Approve a Cost Analysis for a total estimated project delivery cost of $234,275. MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERM ITNARIANCES 31A CONDITIONAL USE PERMIT NO. 2013 -02 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2013 -07 TO ALLOW A BANQUET FACILITY FOR THE C4: CURE FOR THE COMMON DELI AT 200 NORTH BROADWAY — JEFFREY HALL, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 13, 2013, by a vote of 6 -0 (Bacerra abstained). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2013 -02 and Conditional Use Permit No. 2013 -07 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 12 JUNE 3, 2013 KIMSFAI BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING Agenda Item 50A initially approved by 7 -0 vote; Mayor Pro Tern Tinajero, seconded by Councilmember Sarmiento motioned to reconsider item. 50A ORDINANCE AMENDING SECTIONS 2 -155 AND 2 -157 OF THE MUNICIPAL CODE — THE SUNSHINE ORDINANCE - City Manager's Office City Council discussion ensued. Councilmember Sarmiento requested clarification on proposed changes. City Attorney Carvalho summarized proposed changes. Councilmember Sarmiento requested that proposed changes to budget and strategic plan have a one -year moratorium. Councilmember Martinez concurred. Public participation and engagement paramount. Finance & Management Services Agency Executive Director, F. Gutierrez, communicated that proposed changes would allow staff to present most complete information to the community and staff would strive to meet initial deadlines set by City Council. City Attorney Carvalho recommended following amendment to ordinance: Section 2 -157 (b): Each February and September, staff shall strive to host a community meeting in preparation of the annual budget, but in no event shall these meetings be held any later than the last day of March or October, respectively. MOTION: Place ordinance on first reading and authorize publication of title, as amended by City Attorney. ORDINANCE NO. NS -2843 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -155 AND 2 -157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 13 U11:5[c] JUNE 3, 2013 RESOLUTIONS 55A AGENDA ITEM TAKEN OUT OF ORDER - CONSIDERED EARLIER 55B RESOLUTION AFFIRMING CONSISTENCY BETWEEN THE CITY'S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH EXISTING TRANSPORTATION SYSTEM IMPROVEMENT AREA FEE PROGRAM - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013 -026 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE CIRCULATION ELEMENT OF THE CITY OF SANTA ANA AND THE MASTER PLAN OF ARTERIAL HIGHWAYS MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY MEETING AT 8:23 P.M. AND RECONVENED AT 8:24 P.M. WITH SAME MEMBERS PRESENT. PUBLIC HEARINGS 75A PUBLIC HEARING: ADOPTION OF TWO -YEAR BUDGET FISCAL YEARS 2013 -15; MISCELLANEOUS FEE INCREASES AND CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS - City Manager's Office and Finance & Management Services Agency Legal Notice published in the Orange County Register on May 24 and 31, 2013. Mayor Pulido opened the Public Hearing. The following speakers addressed the City Council: CITY COUNCIL MINUTES 14 JUNE 3, 2013 1 0B -14 Peter Katz, proposed City Council consider adding a Measure on the November, 2014 General Election ballot to support the arts, culture and parks programs through a voluntary donation on the water bill. Apolonio Cortez, thanked City staff for the public forum on the budget held May 29, 2013; public safety continues to be important; supports community policing program. Adrian Munoz, member of SACReD, concerned with expenditures at City Jail. Genevieve Southgate, representing Bowers Museum, noted that Bowers housed at City owned facility; spoke of community programs benefitting the local community. Clark Castler, supports library program and return of Bookmobile program. The Mayor closed the Public Hearing. Mayor Pulido left the meeting at 8:25 p.m. and did not return. Interim City Manager K. O'Rourke reviewed issue bin from the 5/28/13 City Council Meeting. Priorities as follows become available will include: • Willard Joint Use Park Optimal staffing $128,000 • Garfield Community Center Optimal Staffing $199,000 4th of July City event $30,000 • Additional General Fund Code Enforcement Staffing $473 - $987,000 Communitv Preservation - Staffing Proposal and Objectives Current Budgeted Effective Ideal Staffing Proposal Respond to ?o 90%of Size of Backlog Proactive Night/Weekend General Fund Costs Community Preservation Technician violations within 84,747 $. Enforcement Enforcement Community Preservation Inspector 11 FTE 99,913 $ 105,908 Senior Community Preservation Inspector CDBG - $634,607 - (1) Comm. Pres. Coord. 119,306 Less than 25% i General Fund- $576,086 (3) Sr. lnspettors(1 {DBG) 18 -days ;536 Violation Backlog; proactive None PREP- 5234.838 - (5) Inspectors 12 -CDBGI i $1,435,S11 - 2 Sr. Offce ASSt. i -CDBG) i 1S.5 FTE Reduce backlog growth` Increased Special Events Only General Fund- $659;372 Adds: Technicians - 7 - by 50 %. i Backlog proactive (Downtown fiestas, CDBG - $785,229 - (2) (CDBG) -Gays - reduced to enforcement in ,. !. PREP •5359:149 -(2 Inspectors (1-CDBG) approximately CDBG areas only. Mother's Day, $1,803,750 - f5) Cust. Svc. Clrk. (CDBG) 244 - violations Valentine's Day) 21 FTE ;Special Events +Joim': Adds: Adds: NO additional backlog g Expanded j Activhieswith Police ( $456,528 -Stall - M Technicians 5 -Days ! created. Less than 100. proactve enforcement and Public Works 516.000 -Car $472,528 (21 Inspectors - (1) Sc Office Asst. violation backlog ' remains outside CDBG i (Vendor, bar sweeps, - (.5) Cust. Svc. Clrk areas MMD) Total: $2,276,278 26.5 FTE Adds: Adds: :Special Events +Joint: $955,113 -Staff - (1)Sr. Inspector No new backlog Full Proact a Activities with Police: 532.000 -Car -(3) Inspectors 3 -Days created +eliminate all; Enforcement and Public Works $987,113 - (1)Sr. Office Asst. exist ng backlog (Same as effective) - (.S) Cust. Svc. Urk. Total: $2,790,863 CITY COUNCIL MINUTES 15 10B -15 CDBG Expenditures FY 12 -13 (est.): $732,252(incl. indirect) PY13 -14: $870,000 IS-Year A .B of Annual Viol. Reed-_1 7Q JUNE 3, 2013 Job Title ;. FY 1X44 Colt FY 14.15 COSt... Community Preservation Technician : $ 84,747 $. 90488 Community Preservation Inspector $ 99,913 $ 105,908 Senior Community Preservation Inspector $ 111,637 119,306 Senior Off ice Assistant i_. $ _$ 63,991 $ _ _ 67 830 Customer Service Clerk PJT) I$ _. 23,218 $ _ -, 24,300 CITY COUNCIL MINUTES 15 10B -15 CDBG Expenditures FY 12 -13 (est.): $732,252(incl. indirect) PY13 -14: $870,000 IS-Year A .B of Annual Viol. Reed-_1 7Q JUNE 3, 2013 •I_ M City Council discussion ensued. Councilmember Martinez requested information on priorities of funding staff at Willard and Garfield Community Centers, City sponsoring the 4th of July event, and increased staffing for Code Enforcement. Noted for the record that she does not support the Water Fund transfer to the General Fund. Councilmember Benavides, requested clarification on budget fluctuations from 2013 -14 to 2014 -15; Code Enforcement staffing; and requested survey information on staffing levels for the City Manager's Office compared to other cities. MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2844 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Sarmiento, Tinajero (6) None (0) None (0) Pulido (1) Martinez, Reyna, *Councilmember Sarmiento requested that resolutions on miscellaneous fee increases and classification changes be adopted concurrently with budget ordinance at the following meeting. (6/17/13) COMMENTS CITY MANAGER'S COMMENTS - None CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Reported that Orange County Fire Authority holding Community Safety Days tentativley planned for September 22 "d; also, Orange County Safe Apartments Initiative; and CITY COUNCIL MINUTES 16 JUNE 3, 2013 Fe" • Congratulated Orange County High School of the Arts students on great end of year performance at Segerstrom Performing Arts Center. Councilmember Reyna: • Attended Memorial Day event at Fairhaven Cemetery; congratulated all for nice event; • Attended Youth Budget Forum that was well attended; • Congratulated all high school graduates and wished them well; • Happy Father's Day to all; and • Encouraged all to shop in Santa Ana. Councilmember Benavides: • Invited all to attend the Fourth of July Fireworks Show on Sunday, June 30th at Centennial Park; • Asked that all support our local businesses and shop in town. Councilmember Martinez: • Commented on recent park opening sponsored by Latino Health Access; • Related California, celebrated the grand opening of Triada Court, Triada Gardens and Triada Village, which together form a new community of affordable apartment homes in the Lacy Neighborhood of the Santa Ana Station District; • Thanked colleagues and staff for another successful Health and Fitness Event held on Saturday, June 1St; • Commented on extensive number of public meetings held on the City budget; noted that 80% of budget was salaries and benefits; community requesting additional programs; • Wished all a Happy Father's Day. Councilmember Sarmiento: • Thanked City Manager and staff for budget presentations; • Commented that Vector Control's special presentation rescheduled; request press release on recent West Nile virus incident; • Recently attended Chamber of Commerce meeting; request more participation in ambassador program and networking; • Requested update from staff on accountability efforts; • Reported that Development and Land Use Council Committee holding meeting on Tuesday, June 4th; • Wished all graduates well in their endeavors; and • Happy Father's Day to all. Mayor Pro Tern Tinajero: • Commented on recent changes to baseball field assignment process that will allow for more equity; and pony league and travel ball team successes;and • Wished all a Happy Father's Day. CITY COUNCIL MINUTES 17 JUNE 3, 2013 1 0B -17 ADJOURNED- 9:36 P.M. - The next meeting of the City Council is scheduled for Monday, June 17, 2013 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Study Session on Entertainment Ordinance • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed -Use Plan CITY COUNCIL MINUTES 18 JUNE 3, 2013 ii[i :9 Fee� MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 12, 2013 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:39 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES (5:50 p.m MICHELE MARTINEZ ROMAN A. REYNA (5:41 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: NONE STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Alex Vega, concerned with City's decision to compensate former City Manager and Interim City Manager. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:42 p.m. CLOSED SESSION ITEM - 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: PUBLIC EMPLOYEE — APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) CITY COUNCIL MINUTES 1 0C -1 JUNE 12, 2013 Title: City Manager CLOSED SESSION REPORT — No reportable actions taken. ADJOURNED- 7:12 p.m. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 2 JUNE 12, 2013 1 0C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: ORDINANCE AMENDING SECTIONS 2 -155 AND 2 -157 OF THE MUNICIPAL CODE — THE SUNSHINE ORDINANCE CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 3, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 7 -0: ORDINANCE NO. NS -2843 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -155 AND 2 -157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2843 11 A -1 11 A -2 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -155 AND 2 -157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE 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. That all public agencies' actions, to the greatest extent possible, should be taken openly and that their deliberations should be conducted openly. B. An informed public is essential to democracy. It is the goal and intent of the City of Santa Ana Sunshine Ordinance that citizens of Santa Ana have timely access to information, opportunities to address the various legislative bodies prior to decisions being made, and easy and timely access to public records. C. The City Council's duty is to serve the public, reaching its decisions in full view of the public. D. The City Council, appointed legislative bodies, and other city officials exist to conduct the People's business. E. The City Council reaffirms its commitment to the purpose of the Brown Act that "all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency." F. That while the Brown Act and Public Records Act exist to facilitate public participation in local government decisions and to curb misuse of the democratic process by secret legislation by public bodies, the Santa Ana Sunshine Laws are designed to reaffirm and strengthen the need for transparency as represented by these laws. G. The City Council enacts this Sunshine Ordinance to ensure that the people of Santa Ana remain in control of the government that they have created. SECTION 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. SECTION 3. Section 2 -155 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language ted language in strikeout for tracking purposes only): Sec. 2 -155 — Calendars of Certain City Officials Ordinance No. NS -XXX 11 A -3 Page 1 of 4 (a) Members of the City Council (including the Mayor), the City Manager, Clerk of the Council, City Attorney, Community Development Agency Director, Finance and Management Services Director, Parks, Recreation and Community Services Director, Planning and Building Director, Police Chief, Director of External Affairs, Public Works Director, Deputy City Manager, and any additional persons in management positions that are considered part of the City's Executive Management Team shall maintain a monthly City Calendar. (b) The Calendar shall include all scheduled City - related appointments, meetings, including regular and special City Council meetings, meetings with developers, meetings with union representatives, meetings with consultants, meetings with lobbyists, regional meetings, and meetings of subcommittees or task forces. (c) The Calendars of the Mayor, City Council, and City Manager, and other department heads listed in subsection (a) shall be a public record subject to inspection during normal business hours at the office of the Clerk of the Council and additionally available in electronic format on the City's official website. The calendar shall be made available on the tenth business day of each month and shall reflect the schedules of the previous month. (d) Each City - related appointment must include the following information: name(s), title(s), and affiliated organization(s). The following information shall be exempted: (1) Personal appointments, including personal business appointments; (2) Information protected by the attorney - client privilege; (3) Information about attorney work product; (4) Information about City staff recruitment; (5) Information about a personnel issue; (6) Information about corporate recruiting and retention; (7) Information about criminal investigations and security; (8) Information about whistle blowers; (9) Information about those who reasonably fear that public disclosure of the fact of their appointment will result in retaliation that will result in significant economic, physical or other tangible harm; and (10) Information that is otherwise prohibited from disclosure. (e) Any violation of this section relating to calendars shall not be a basis for any criminal prosecution. SECTION 4. Section 2 -157 of the Santa Ana Municipal Code is hereby added such that it reads as follows (new and deleted language in underline and strikeout for tracking purposes only): Ordinance No. NS -XXX Page 2 of 4 11 A -4 Sec. 2 -157 -- Public Meetings related to City five -year Strategic Plan and Annual Budget (a) City Strategic Plan— Creation and Public Hearings (1) Not later than the end of Fiscal Year 2013/14 and at least every five years thereafter, the City Manager shall prepare and submit to the City Council a strategic plan setting forth the City's mission, core values, five year goals, detailed measurable objectives and key performance measures. Prior to submitting the strategic plan to the City Council, the City Manager will conduct a public meeting to review a draft of the plan with the public and receive input from the public regarding the plan. (2) , Each Fiscal Year the City Manager will conduct a public meeting to present the City's five (5) year Strategic Plan to the community. The purpose of the meeting will be to review the City's progress in achieving its plan and goals with the community and to gain public input on any issues related to the City's five (5) year Strategic Plan. (b) Annual Budget Meetings -- Each February and September, staff shall strive to host a community meeting in preparation of the annual budget, but in no event shall these meetings be held any later than the last day of March or October, respectively. If at least 30 or more city residents submit a written request for additional meetings to discuss the budget, the Finance Director shall respond to the request and work with the a representative of the requesting group to establish a date, time and place for a meeting. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: c Ordinance No. NS -XXX 11 A -5 Page 3 of 4 Sonia R. Carvalho, City Attorney m AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS -XXX Page 4of4 Clerk of the Council City of Santa Ana 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT TO LEVY ASSESSMENT FOR 2013 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the 2013 Assessment Report and budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for 2013 and establish a time and place for a public hearing to be held by the City Council on July 1, 2013 to hear and consider all protests. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on June 4, 2013, by a vote of 5:2 (nays from Bist, Sandoval), the Community Redevelopment and Housing Commission: 1) found that the 2013 Downtown Santa Ana Business Improvement District Assessment Report complies with the California Streets and Highways Code §36533; 2) approved the 2013 Assessment Report; and 3) directed that the Acting Executive Director of the Community Development Agency file the 2013 Downtown Santa Ana Business Improvement District Assessment Report with the Clerk of the Council for City Council approval or modification. DISCUSSION The City Council, at its meeting of January 22, 2013, directed staff to undertake activities to allow consideration of reactivation of the Downtown Santa Ana Business Improvement District (BID). Since that time, staff has proceeded with activiti Council action is required to initiate the next step on the 2013 BID levy. :s necessary for reactivation. At this time, City in the process, which is to hold a public hearing 12A -1 2013 BID Intent to Levy June 17, 2013 Page 2 Business Improvement District (BID) Background On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to State law, creating a Business Improvement District in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with a funding source for promoting the Downtown through events and advertising pieces, increasing the security presence, enhancing maintenance of the downtown shopping corridors and implementing street improvements to the area. The district is funded through a charge on the business license tax for those businesses within the BID boundary (Exhibit 1). Based upon a current analysis of business license tax accounts, there are now 783 active business license accounts within the BID boundary with 622 BID - eligible businesses (State law exempts certain businesses from local business license taxes, including banks and insurance companies; the Municipal Code further exempts non - profits such as schools and churches). Since 2007, the district has been in suspension and BID assessments have not been levied on downtown businesses. In 2008, the City Council approved the establishment of the Downtown Santa Ana Community Management District, which is commonly referred to as the PBID. The PBID resulted in a levy on property owners rather than businesses. On February 4, 2013, the City Council adopted Ordinance No. NS -2842 repealing Article XX of Chapter 13 of the Santa Ana Municipal Code disestablishing the PBID. Concurrent with the elimination of the PBID, the City Council approved a Settlement and Release Agreement with Downtown, Inc. (DTI), related to their contract to administer PBID revenues. As part of the agreement, the City agreed to the following: 1. To fund the Clean and Safe Program for the Downtown at $400,000 per year for three years. 2. That in the event the BID is reactivated, DTI would receive 50% of the BID revenues for programming (through January 31, 2016 if the BID charge is levied for the three year period). The City anticipated that the remaining 50% of the BID funds would be programmed by a new merchants group, the Santa Ana Business Council Inc. 3. That if the BID is not reactivated by August 1, 2013, City fees and charges for specified events would be charged against a $189,000 "credit bank" for an 18 -month period or until the credit is exhausted. Business Improvement District (BID) Reactivation Activities to Date As directed by the City Council in January, staff has taken the following steps so that reactivation of the BID may be considered by the Downtown business community and the City Council: 1. Conducted a field investigation to confirm and update the list of businesses within the BID boundaries. Given that there are 622 businesses eligible to pay the BID charge, staff estimates that 2013 BID revenue would be $250,000 with the average annual assessment estimated to be $415. 12A -2 2013 BID Intent to Levy June 17, 2013 Page 3 2. Mailed a letter on March 25, 2013 to each business within the Downtown BID boundary providing background on the BID and information concerning the upcoming process for consideration of reactivation. 3. Posted "frequently asked questions" concerning the Downtown BID on the Community Development Agency webpage. 4. Met with business groups to ensure full understanding of the reactivation process and BID structure. Downtown Inc. and the Santa Ana Business Council hosted these informational meetings on June 4 and June 5, 2013. Representatives from approximately 21 businesses attended these informational meetings. 5. Worked with DTI and the Santa Ana Business Council on budget content and format. As shown in the 2013 Santa Ana Downtown BID Assessment Report (Exhibit 2), both organizations propose to focus on Downtown marketing efforts. This focus may be due largely to the fact that the City is obligated to contribute $400,000 to the Downtown Clean and Safe Programs for the next three years. The Community Redevelopment and Housing Commission (CRHC) was designated as the BID Advisory Board by the City Council in 2003. State law requires that there be an advisory board and that the board review and approve specific items. These items, including a description of the boundaries, the formula for the BID charge, and the budget for BID revenues, are contained as part of Exhibit 2. The CRHC considered the Assessment Report at their June 4, 2013 meeting and 1) found that it complied with State law; 2) approved the Report; and 3) directed that the Report be filed with the Clerk of the Council for City Council approval or modification. The vote at the CRHC was 5:2 with the two dissenting members concerned about reactivating the BID given the past controversy with the PBID. Remaining Actions Required for BID Reactivation Pursuant to State law, the actions proposed for City Council action at this time are: 1. Approval of the 2013 Assessment Report and budget for the Downtown BID; and 2. Adoption of a resolution of intention to levy the 2013 BID assessment and establishing July 1, 2013 as the date for the public hearing to consider protests and approve /deny the BID levy (Exhibit 3). If the City Council approves the recommended actions, staff will mail information to each business within the BID boundary providing notification of the July 1 public hearing date and the manner available to register protests, should a business owner elect to do so. At the public hearing, the City Council will hear and consider any protests. If business owners representing a majority of the total BID assessment protest, the BID levy will not occur and cannot be considered again for at least 12 months. If no majority protest occurs, the City Council may consider approval of the BID assessment for 2013. If the City Council approves the BID assessment, staff will also seek authority to finalize administrative contracts with DTI and Santa Ana Business Council to program the 2013 BID funds. 12A -3 2013 BID Intent to Levy June 17, 2013 Page 4 It is important to note that the July 1 public hearing is to determine whether or not to levy the BID assessment for calendar year 2013. The BID charge would be incorporated into the 2013 business license tax bill. The deadline for 2013 business license tax payment for the largest tax group in the Downtown was extended by the City Council to September 30, 2013 to allow for the consideration of the BID levy. Should the City Council approve the BID levy, the timing of consideration for the 2014 BID assessment would occur in Fall 2013 to allow the levy to be incorporated into the business license bills and proceed on normal billing cycles. FISCAL IMPACT If the recommended action item is approved, there is no direct fiscal impact on the City. The City serves as a pass through for BID revenue in accordance with the Assessment Report and any approved operating agreements. If the recommended action is not approved and the BID is not reactivated by August 1, DTI can enforce the Settlement and Release Agreement and require that the City establish the $189,000 "credit bank" for Downtown Inc. in accordance with the Settlement Agreement. Sandra D` ottlieb % Acting Executive Director Community Development Agency SDG /LAO /MM /kg Exhibit: 1. Downtown BID Boundary Map 2. Assessment Report 3. Resolution 12A -4 EXHIBIT 1 FLOWER ST. V z m D ❑ Z f"f Z n C i p E ❑ o VAPTQM IT rD °c T� .r ❑ V7 ROSS ST. hull < n - n m m 2 m BIRCH S 0 o C BIRCH ST. rD sg p a n r V L--FL- BROAD S WAY m n 0 Flo V) SYCAMORE ST. SYCAMORE ST. r+ n' El MAIN S T. BUSH ST. CYPRESS W_ O W O El 1:1 SPURGEON ST. Z D m_ d Z Gl ORANGE D = D FRENCH S T. W 0 MORTIMER ST. n 12 F 1 \ 12A -6 EXHIBIT 2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2013 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS -1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service, and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and /or sales volumes of the business (see Attachment B). 2013 Budget Plan Based on the feedback from the two Associations, the 2013 BID Budget focuses primarily on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces; which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment C). The estimated assessments from the BID would Page 1 of 6 12A -7 be $250,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council Inc. -- the two business groups that have spearheaded this reactivation process. All revenues collected since the 2007 BID assessment have been expended and there are no surplus funds or deficits in this fiscal year. These two representative business associations are proposing to host a variety of major community events and promotions, including, but not limited to the following: • Sound Downtown /Restaurant Week ($10,000) • OC Pride ($5,000) • Day of the Dead ($5,000) • Patchwork ($10,000) • Downtown Santa Ana Film Festival ($5,000) • OC Fashion Week ($5,000) • Artwalk / Sidewalk sale (Spurgeon & 4th Street) ($2,000) • Valentine's Day ($1,000) • Spring Festival & St. Patrick's Day ($2,000) • Quinceanera Expo ($3,000) • Mother's Day ($8,000) • Father's Day ($1,000) • 4th of July ($3,000) • Art Fair ($2,000) • 16th & Film Festival ($5,000) • Lucha Libre & Halloween ($6,000) • Noche de Altares ($3,000) • Christmas ($4,000) Other programming for the associations will include funding for the Downtown Restaurant Association, Holiday promotions, website development and maintenance, and an artist retention program. Page 2 of 6 i �� ATTACHMENT A l L FLOWER 5T. Ln a Y z ❑ a � �+ o D :3 Z-� a D ❑ DADTnU CT ILA LA ROSS ST. ♦r ❑ n n m m BIRCH S r. 70 L O C BIRCH ST. C )L BROAD WAY N m 1 m I"1 F-10 SYCAMORE ST. SYCAMORE ST. n' MAIN S T. BUSH ST. CYPRESS co O D El SPURGEON ST. CL j m b 1 eD D = ORANGE D = D FRENCH ST. W 0 ftMORTIMJER ST. 12A -9 ATTACHMENT B 2013 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one -half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one - quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. Page 4 of 6 12A -10 ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2013 OPERATING FUND REVENUE BID Assessments — current ... ............................... .......................$250,000 Prior Year Carry Forward ............................... .............................$0 Total Revenue EXPENDITURES Downtown Inc. $250,000 ADMINISTRATION Overhead (Supplies, insurance, misc) .......... ........................$6,000* MARKETING Special Events Sound Downtown /Restaurant Week $10,000 OC Pride $5,000 Day of the Dead $5,000 Patchwork (2x) $10,000 Downtown Santa Ana Film Festival $5,000 OC Fashion Week $5,000 Other $12,000 Total ..................................... ............................... $52,000 Advertising ( Print / Online ) ......................... ........................$57,000 OTHER PROGRAMMING Restaurant Association ........................... .........................$5,000 Artist Retention Program .......................... .........................$5,000 Page 5 of 6 12A -11 Total $125,000 'Office Rent is being subsidized by a DTI Board member. Santa Ana Business Council Inc. ADMINISTRATION Overhead (Office rental, supplies, insurance, misc) ................$12,500 MARKETING SpecialEvents ........ ............................... ........................$40,000 Artwalk / Sidewalk sale (Spurgeon & 4th Street) $2,000 Valentine's Day $1,000 Spring Festival & St. Patrick's Day $2,000 Quinceanera Expo $3,000 Mother's Day $8,000 Father's Day $1,000 4th of July $3,000 Art Fair $2,000 16th & Film Festival $5,000 Lucha Libre & Halloween $6,000 Noche de Altares $3,000 Christmas $4,000 Advertising ( Print / Online) .................. ............................... $50,625 Newsletters.................................... ............................... $8,750 Website & Social Media ........................... .........................$8,750 OTHER PROGRAMMING Holiday Promotions . ............................... .........................$4,375 Total Total Expenditures 12A -12 $125,000 $250,000 Page 6 of 6 EXHIBIT 3 (jxs 6- 06 -13) RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2013 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. By Ordinance No. NS -1715, adopted February 6, 1984, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code; and B. As provided in Ordinance No. NS -1715, the City Council is authorized to levy an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (i) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one -half (1.5) the annual business license fee. (ii) For commercial and residential rental property: an assessment in an amount equal to one -fourth (0.25) the annual business license fee. (iii) For all other businesses: an assessment in an amount equal to the annual business fee. Section 2. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS -1715 are as follows: (A) Decoration of any public place. (B) Promotion of public events. (C) Furnishing of music in any public place. Resolution No. 2013 -XXX Page 1 of 3 12A -13 (D) The general promotion of business activities. Section 3. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. Section 4. An assessment report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2013, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2013. Section 5. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of July 1, 2013 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2013 for the improvements and activities described in the report. Section 6. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2013. Miguel A. Pulido Mayor 12A -14 AYES: Oxs 6- 06 -13) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney :- Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers Jose Sandoval Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana ADOPTED this day of June, 2013. Resolution No. 2013 -XXX Page 3 of 3 12A -15 V) D W co LA 3 7 O rD 3 rD f+ f"' f n ATTACHMENT A TO RESOLUTION FLOWER ST. N D ❑ ❑ T = Z -1 D Z4. Z D N N W i 74 ° R 2 N 1 BIRCH ST, O 2 O O ROSS ST. n - z m T � Q A �n SYCAMORE 5 T. MAIN ST. BUSH ST. CYPRESS W O SPURGEON ST. Q D m d D Sj ORANGE D 2 Z N D FRENCH ST. m 0 EMORTIMER ST. 12A -16 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON DEVELOPMENT (LAND USE) & TRANSPORTATION MINUTES April 22, 2013 CALL TO ORDER The meeting was called to order at 5:00 PM by Vincent Sarmiento at City Hall, second floor conference room. ATTENDANCE Members Present: Councilmember David Benavides Councilmember Michele Martinez Councilmember Vincent Sarmiento Members Absent: None Staff Present Guests Present: AGENDA ITEMS Kevin O'Rourke Raul Godinez William Galvez Jason Gabriel Dennis Mak, OCTA Julie Toledo, OCTA 1. Public Comments None. 2. Selection of Chair and Vice Chair Janet Esparza Monica Suter Laura Sheedy Niall Barrett, OCTA Mario Montes, AECOM Motion to elect Vincent Sarmiento as Committee Chair. Motion: M. Martinez Second: D. Benavides Vote: Ayes: D. Benavides, M. Martinez, V. Sarmiento Noes: (0) Absent: (0) It was decided that a Committee of three would not require a Vice Chair, so none was elected. Transportation Council Committee Minutes April 22, 2013 1 3Aa1 3. Discussion of Committee Bylaws Assistant City Attorney Laura Sheedy provided a boilerplate outline of bylaws, and recommended that all Council Committees use the same format, with the only difference being the purpose of the committee. Mr. Sarmiento stated that staff could finesse the details of the bylaws, including the scope, outside of the meeting. 4. Overview of City's Transit Vision Projects This presentation was postponed until the next Committee meeting, to allow for adequate time to address the issues. 5. 1 -5 Improvement Project between SR -55 & SR -57 (addition of HOV lane) City Engineer William Galvez and Senior Civil Engineer Monica Suter presented the 1 -5 Central Corridor Project which addresses regional traffic congestion on the 1 -5 Freeway, in particular, at the Main Street off -ramp. A presentation to City Council is anticipated after a preview by this Committee. The Committee asked the City Manager for more information on timing of this project. Two citizens expressed concern about possible property takes in their neighborhoods. 6. Committee Member Comments None. 7. Items, Date, and Location for Next Meeting Executive Director Raul Godinez suggested that future meetings take place in Conference Room 1600 in the Ross Annex, as it is more accessible to the public, and the Committee agreed. Mr. Sarmiento felt that 5 PM was a good time to meet. Mr. Sarmiento wants to have more frequent meetings initially, to address the backlog of issues pending. Some discussion ensued, and it was decided that the next meeting would take place in approximately 30 days, depending on calendar availability. ADJOURNMENT Meeting adjourned at 6:30 PM. r Raul Godinez 11, E. Executive Direct Tr Public Works Agency FACouncil Committee Development & Transportation \Minutes \04 -22 -13 Minutes.dou 13A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED REQUEST FOR PROPOSALS TO ❑ As Recommended DESIGN -BUILD STREETLIGHT ❑ As Amended UPGRADES TO REPLACE OBSOLETE El El on 1St Reading ❑ Ordinance on 2 "d Reading HIGH VOLTAGE STREETLIGHTS ❑ Implementing Resolution SYSTEM ❑ Set Public Hearing For_ lrzl--7 C AGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the Public Works Agency to publish a Request for Proposals and invite qualified firms to submit proposals for the design and construction of streetlight upgrades at various city locations where there are obsolete high voltage lighting systems. DISCUSSION The City's street lighting network includes areas where the high - voltage circuits and low amperage systems are antiquated and obsolete. Those systems use a single wire in series that has been a constant source of maintenance problems. Additionally, the unique incandescent lamps used in those fixtures are very energy inefficient have a very short life, requiring annual replacement. In 2010, Philips Corporation, the only remaining manufacturer of the incandescent lamps, stopped producing these lamps. These lamps are no longer available on the market and the City's supply of replacement lamps has been depleted. This creates an urgent need to install modern street light fixtures. In April 2011, staff began using conversion kits enabling the use of conventional lamps. The kits reduce the high voltage to conventional levels at each street light. Now, unfortunately, the only manufacturer of the conversion kit has gone out of business, forcing the City to accelerate upgrading the streetlight system. To install modern streetlight fixtures in the existing antique poles, the system needs to be rewired to enable a multiple wire 240 -volt system. The intent is to remove the single high voltage wire from the existing conduit, install three new wires into the existing conduit, and install new metal halide fixtures with an option for energy efficient light- emitting diode (LED) lights. New 19C -1 Request for Proposals to Design -Build Streetlight Upgrades June 17, 2013 Page 2 service connection points to Southern California Edison will be needed with a service pedestal /cabinet for each streetlight circuit. Residents have indicated in past surveys that they prefer to keep the antique style streetlight poles, due to their historical value. Fortunately, there are new fixtures that are historically accurate. This RFP will include provisions to provide and demonstrate sample energy efficient LED lamps to residents of the neighborhood for their comments. ENVIRONMENTAL IMPACT Replacing the existing incandescent lamps with metal halide lamps will result in a savings of 98,000 Kilo Watt hours (kWh), effectively removing about 69 metric tons of carbon dioxide from the environment, which is the equivalent to removing 14.4 cars from the roads. The LED option would result in a savings of 149,000 kWh, which removes 105 metric tons of carbon dioxide from the environment, and is equivalent to removing 21.9 cars from the roads. FISCAL IMPACT There is no fiscal impact associated with this action. Upon completion of the project there will be an annual savings to the General Fund of approximately $12,500 in reduced energy costs if metal halide fixtures are used, or about $19,000 in savings using the LED option. Raul Godinez It, . Executive Director Public Works Agency RG /KW 19C -2 REQUEST FOR PROPOSALS DESIGN -BUILD OF STREETLIGHT UPGRADES TO REPLACE OBSOLETE HIGH VOLTAGE STREETLIGHTS SYSTEM /_A i %\:7[0119TS]h ATA III 1F-0Z01-yi [9I. &I RFP NO. KEY RFP DATES: Issue Date: Proposal Due Date: Project Coordinator: Kurt Wiemann, Projects Manager EXHIBIT 1 19C -3 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be accepted for providing street light repair and cable replacement at various locations as per the attached specifications (Exhibit A), at the Public Works Agency, Ross Annex, 4`h Floor Administration Offices, 20 Civic Center Plaza, Santa Ana, California, until 12:00 Noon, 2013. If further information is required, please contact Kurt Weimann, via email at kwiemann @santa - ana.org or phone at (714) 647 -5088. Mailed proposals should be addressed as follows: Office of the Executive Director Public Works Agency City of Santa Ana Ross Annex, M -21 20 Civic Center Plaza Santa Ana, CA 92701 or delivered by hand or courier to: Office of the Executive Director' City of Santa Ana Ross Annex, M -21 4`h Floor, Ross Annex Santa Ana, CA 92701 It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Administrative Services Division prior to proposal due date and time. Late proposals will be returned to the contractor unopened. The receiving time in the Administrative Services Division will be the governing time for acceptability proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. PA 19C -4 I. PURPOSE The purpose of this Request for Proposal (RFP) is to obtain a prime contractor to enter into an agreement with the City to perform an assessment of the current street lighting system at various locations as designated by the City where high voltage street lighting systems operate, and begin a three phase process for the removal and replacement of existing conduit, rewiring of each street light pole, the installation of new service points and the installation of new globes. II. REQUEST FOR PROPOSAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Administrative Services Division in a sealed envelope showing on the outside, the name of the bidder, and the proposal due date and time. An authorized representative of the contractor must sign the proposal. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the contractor to see that any proposal submitted shall have sufficient time to be received by the Administrative Services Division prior to the proposal due date and time. The City of Santa Ana Public Works Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the contractor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section II and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including lead service personnel, superintendents, supervisors and managers. Personnel shall have at least one year of experience maintaining and troubleshooting street lighting systems. • Completed Contractor's References form (Section III); • Signed Proposal Form (Section IV); • Signed Certification of Non - Discrimination by Contractors (Section V); • Completed Contract Pricing Sheets (Section VI); • Exhibit C is for reference only, but will be required when the contract is awarded to the successful contractor. 3 19C -5 Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, all, or none of the contractors for a three -year period with the option of extending the agreement for one additional one -year term. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (I%) preference will be applied to all proposals for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Administrative Services Division will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, or contractor may be used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Mary Gonzales at mgonzales @ santa - ana.org. 13. RIGHTS RESERVED The City reserves the right to contract with any, all, or none of the contractors who submit base proposals and/or alternate proposals. 14. E -MAIL COMMUNICATIONS To facilitate the RFP process, contractors are required to monitor and respond to e-mail requests on a daily basis. 0 19C -6 15. PRE- PROPOSAL CONFERENCE AND JOB WALK There will be a pre - proposal conference and job walk. A detailed map and a work location are provided in EXHIBIT of this Request for Proposal. Staff will be available to meet or visit any of the sites during the week of , Monday through Thursday, between the hours of 8:00 -11:00 a.m. Questions regarding job locations and work sites listed in this contract can be submitted to Jerry Jeffries at (714) 647 -5015 or via e -mail to jjeffries @santa- ana.org. Contractors will be responsible for visiting the sites and reviewing all areas of work before submitting proposals. 16. PRE- QUALIFICATION PROCESS In addition to submitting all documentation required in this RFP specification, bidders may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this RFP specification, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director. 17. SURETY BONDS Each bid must be accompanied by a bid bond or a cashier's or certified check payable to the City of Santa Ana, in an amount not less than ten percent (10 %) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful bidder will also be required to submit to the City a payment bond for not less than ten percent (10 %) of the contract price. 18. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the site and verifying all areas of work, prior to bid submittal. III. EVALUATION OF PROPOSALS The response to this Request for Proposal should contain documentation of Contractor's credentials and expertise in this field. Substantial consideration will be given to contractors with demonstrable and documented experience in similar work. Responses will be evaluated on the basis of the qualifications, abilities, and responsiveness of the proposing contractors. An evaluation committee appointed by the Executive Director of the Public Works Agency will review the responses received. All proposals received will be fully reviewed and rated by the evaluation committee. The successful proposal will be based upon both technical merit and cost competitiveness. The committee will evaluate all proposals based on the following criteria: Capability and Experience of Contractor 50% Ability of contractor to obtain the staff and equipment necessary to perform specifications. Training and safety precautions taken to perform specifications. Contractor's financial ability to provide uninterrupted technical services throughout the term of the agreement. 5 19C -7 4. Experience of staff assigned to the contract. 5. Experience of supervisory and management staff assigned to the contract. Past Performance 25% 1. Past record of performance on contracts with other cities, governmental agencies or public bodies, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions. 2. Acceptable, verifiable references and site reviews. Cost of Proposal 25% 1. Cost of base proposal 2. Cost of add -on services 3. Cost of specialized services FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Kurt Wiemann via email at kwiemann(&santa- ana.org or by phone at (714) 647 -5088. 0 19C -8 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully six contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications in Exhibit A. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: 7 19C -9 CONTRACTOR'S REFERENCES (PAGE 2) Customer Name: Address: Contract Amount: Reference No. 4 Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Reference No. 5 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 6 Contact Individual: Phone Number: Year: Description of equipment and services provided: 19C -10 V. PROPOSAL FORM Responses to this Request for Proposal are due at 12:00 p.m. Thursday, . The undersigned contractor agrees to provide street light cable replacement of the high voltage systems locations designated by the City in accordance with the specifications. Uwe have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section IL Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Name of Contractor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number 19C -11 VI. CERTIFICATION OF NON - DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all Federal, State and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding _ equal opportunity mployment programs now in effect within your company. 10 19C -12 VII. CONTRACT PRICING Contractor to provide all labor, equipment and materials necessary for completion of this project in accordance with the specifications and special provisions herein. 1. MATERIALS COST Cost /Linear Foot Materials — Provide a list of materials and pricing. (Contractor's cost from supplier) 1. $ 2. $ 3. 0 5. 2. LABOR COSTS Straight Time Overtime A. Labor— Contractor's rates (including all fringe benefits, markup, overhead, etc.) for the following ob classifications: 1. Maintenance Technician $ $ 2. Systems Technician $ $ 3. Field Maintenance Technician $ $ 4. Utility Leadman $ $ 5. Utility Supervisor $ VIII. SUBCONTRACTORS A. Portion of work to be performed: B. Name of Subcontractor: 11 19C -13 C. Portion of work to be performed: D. Name of Subcontractor: Attach sheet with additional subcontractors if necessary. IX. REQUIRED REPORTS The successful Contractor will be required to submit the following reports as part of this agreement: Weekly Progress Report . 2. Map of neighborhood showing areas of completion. 3. Monthly status report on total project. 12 19C -14 EXHIBIT A STREET LIGHT REPAIR SPECIFICATIONS Contractors must provide costs for each of the service categories described in the specifications outlined in EXHIBIT A. Contractors must also list all deviations from specifications, if any. At the discretion of the Director, one or more optional add -on locations and specialized services may or may not be included in the agreement with contractor. In addition, the City at the discretion of the Director, reserves the right to decrease the scope of work during the duration of the agreement. L SCOPE OF WORK The Request for Proposal calls for the removal and replacement of the existing street light cable in the high voltage system locations designated by the City due to age and deterioration. This project will require replacing all the cable in the entire circuit with neoprene wire (new high voltage wire) which includes the North Park circuit, North Residential circuit and Broadway circuit. The high voltage systems were installed in the early 1920's. The neighborhood has witnessed numerous power outages which are becoming more frequent. The system repairs have been "piecemealed" over the years and it is unknown how much of the existing conduit must be replaced. A photo showing an example of the deterioration is attached to this proposal. (See EXHIBIT B). The circuits has approximately 57,000 linear feet of cable: • North Park Circuit — 22, 000 feet • North Residential Circuit 30,000 feet • Broadway Circuit — 5,000 feet Scope of work includes the following: • Re -cable using existing conduit • Replace any deteriorated conduit only if it is more cost effective to replace than to work with existing conduit • Remove potheads from street light poles • Remove all pull boxes except for required boxes • Install new globes The City is aware of the complexity of this project, the scope of work requested and any unforeseen work that may be required during the scope of the project. A map showing 13 19C -15 street light locations and service points is attached to this proposal (EXHIBIT ). Funding will be allocated over a three -year period until the work is completed. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, and recycling of construction and demolition material as part of this project. II. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub - standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; (2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Local Office The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. A local office is one that can be reached by telephone without it being a toll call. Contractor will not be allowed to store equipment or materials at any contracted area. (2) Submittals The Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 14 19C -16 (3) Uniforms /Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -27 and a City of Santa Ana Business License, and a C -10 Electrical License. (5) Compliance with the Law The Contractor agrees that its performance under the contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the City of Santa Ana, and any other body having jurisdiction over the activities of the Contractor. (6) Work Force a.. The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who are technically qualified and possess management skills required to implement modern methods and newly developed procedures b. The Contractor shall insure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor. C. The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work done. The Contractor's employees shall be U.S. Citizens and /or legal residents. d. The Contractor shall perform the work provided for in this contract under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 15 19C -17 (7) Material The Contractor shall submit a list to the Director all materials that the Contractor proposes to use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. (8) Recycling All waste (including greenwaste and construction and demolition materials) resulting from work performed under this contract shall be recycled. A recycling work plan shall be submitted to the project manager prior to receiving the notice to proceed with the project. (9) General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in the parkway swept and cleaned of any debris, dirt or soil. (10) Emergency Service The Contractor shall be able to receive and respond to the City's call for emergency service twenty -four hours per day, seven days per week Response time shall be immediate but not 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. (11). Penalties and Fines Failure to comply with requests from the Director and/or creating, unnecessary delays, as determined by the Director, may be cause for fines and penalties in the amount of $200.00 per occurrence per day until said requests) is completed. This shall be deducted from routine monthly maintenance payments. EXHIBIT B 16 19C -18 17 19C -19 18 19C -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CANCELLATION OF AUGUST 19, 2013 CITY COUNCIL MEETING ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council meeting scheduled for August 19, 2013 and that the City Council hereby waives notice of said meetings as required by the Government Code. DISCUSSION The Government Code requires that each Councilmember be given notice of the date and time of a meeting unless expressly waived. In the past, the second meeting of August has been cancelled in recognition of the busy summer season. If the subject action is approved, the Council will resume consideration of regular Council items at their regular scheduled meeting to be held on Tuesday, September 3, 2013 in the Council Chamber, 22 Civic Center Plaza, Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. 19D -1 3w , CANCELLATION OF AUGUST 19, 2013 CITY COUNCIL MEETING ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council meeting scheduled for August 19, 2013 and that the City Council hereby waives notice of said meetings as required by the Government Code. DISCUSSION The Government Code requires that each Councilmember be given notice of the date and time of a meeting unless expressly waived. In the past, the second meeting of August has been cancelled in recognition of the busy summer season. If the subject action is approved, the Council will resume consideration of regular Council items at their regular scheduled meeting to be held on Tuesday, September 3, 2013 in the Council Chamber, 22 Civic Center Plaza, Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this item. 19D -1 �'J MA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT RENEWAL WITH PARKHOUSE TIRE, INC. FOR VEHICLE TIRES (SPEC. NO. 11 -00 ) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with Parkhouse Tire, Inc. for vehicle tires for a one -year period in an amount not to exceed $120,000. DISCUSSION The Facilities, Fleet Management and Central Stores Division of the Finance and Management Services Agency is responsible for the maintenance and repair of City vehicles. Worn tires must be replaced regularly to ensure safety and efficiency. The various City vehicles utilize a large variety of tires selected to best suit each vehicle demands and meet the manufactures' recommended brand and size. The contract provides tires for all vehicles within the fleet for maximum safety and fuel efficiency. On June 6, 2011, the City Council awarded a contract to Parkhouse Tire, Inc., a Santa Ana vendor, for a one period, with provisions for two one -year renewals. The vendor has performed satisfactorily during the past contract period. However, the tire market has been significantly impacted by the worldwide shortage of raw rubber material and escalating costs for steel and petroleum based products, resulting in a five to twenty -five percent increase in costs for the range of tires the City requires. The City holds the option to select different brands of tires per vehicle to minimize climbing costs. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Finance and Management Service Equipment Maintenance /Garage Operation account (no. 07510100 - 62322) and charged back to the various operating departments through monthly vehicle rental charges. APPROVED AS TO FUNDS AND ACCOUNTS A S�amz �' L" 2 'k ) Liz Francisco Gutierrez Executive Director Finance and Management Services Agency 22A -1 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD TO GOVPLACE FOR HP SUPPORT CONTRACT (SPEC. NO. 13 -027 I NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Govplace for the purchase of an HP support and maintenance contract for disk array system, in the amount not to exceed $28,900. DISCUSSION The City Hall Data Center houses 62 physical computer servers and 127 virtual computer servers. These servers host 50 departmental applications, six enterprise applications and 34 citywide computer infrastructure services. A key component of the City Hall Data Center's computing environment is the use of specialized shared storage systems called "disk storage arrays. "These are systems that contain a number of very high capacity individual disk drives linked together by specialized software which allow the array to act as the data storage for many virtual and physical host servers at the same time. The arrays allow flexible allocation of data storage to the connected host servers along with sophisticated protection against data loss from a physical drive failure. The main disk storage array in the City Hall Data Center houses all of the data for the Lawson Financial System, the Payroll System, the Exchange Email system and many other departmental systems. Due to the complex nature of the disk array systems, manufacture maintenance is essential to provide the specialized technical maintenance and parts to repair this critical system with minimum impact to the City's computing environment. This contract award will extend the manufacture maintenance for a period of one year. 22B -1 Contract Award for HP Support Contract June 17, 2013 Page 2 The notice inviting bids was advertised on May 14, 2013 and bids were solicited. A summary of the bid invitations and bids received is as follows: 5 Invitations For Bid emailed 1 Bids received Bids were received and opened May 29, 2013. The bid from Govplace is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency EG G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD TO THE ELECTRIC CAR CO. FOR TWO ELECTRIC UTILITY VEHICLES (SPEC. NO. 13 -030) CITY ANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 S' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to The Electric Car Company of Long Beach for the purchase of two electric utility vehicles in a not to exceed amount of $70,600. DISCUSSION The Community Development Agency Parking Meter Unit operates the City's parking meter program. Parking Meter Technicians utilize small utility vehicles to perform routine maintenance and collect parking fees from approximately 1,300 parking meters located in the Downtown, Mid -Town, and Willard districts. Two of the Parking Meter Unit's gasoline - powered Kawasaki Mules that were purchased in 1998 and 2002 have exceeded their lifecycle and are difficult to maintain due to lack of replacement parts. In 2011 the City embarked on a five -year Alternative Energy Plan to convert 80 percent of the City fleet to alternative energy in five years. Currently, electric vehicles are the only alternative fuel vehicles (AFV) in the vehicle class applicable to parking meter operation. Staff considered several electric vehicles from Club Car, ECarCo, and Miles Automotive and found the Good Earth Firefly to be the most suitable for the City's needs. It is a zero - emission 100% electric AFV designed and equipped to handle the demands of the Parking Meter Unit operation. The Electric Car Company of Long Beach is the only authorized dealer in Southern California of Good Earth Firefly utility vehicles. As a result, staff recommends Council approval of the recommended action. FISCAL IMPACT Funds are available in the Fleet Maintenance Equipment Replacement Fund account (no. 07510101- 66400). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency SA 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD TO SIMPLEX GRINNELL FOR FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES (SPEC. NO. 13 -031) CIT AGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award a contract to Simplex Grinnell for fire alarm systems maintenance and time clock supplies for a one year period, with provisions for three one -year renewals, in an annual amount not to exceed $50,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION City facilities are equipped with fire alarm systems for the protection of life and property. The fire alarm systems require inspection, preventive maintenance and repairs to ensure continued operation. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulation and National Fire Protection Association rules. Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance contract GS- 06F-0054N with the U. S. General Services Administration for fire alarm maintenance was awarded as a result of open, competitive bidding, and meets the City's requirements. The agreement will provide $40,000 for annual testing, inspection and repairs of the City's fire alarm systems and $10,000 for time clock purchases, repairs and supplies. FISCAL IMPACT Funds are available in the various departmental Maintenance and Repair and Operating Materials and Supplies accounts (nos. 62322 and 63001). APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance and Management Services Agency -- 2201-1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER IMPROVEMENTS (PROJECT 126605) r".e�ZE CITY MXNAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to the lowest responsible bidder, Vasilj, Inc., in accordance with the Base Bid, totaling $1,006,281.50 for the construction of Westminster Avenue Sewer Improvements Project. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $1,286,219.50. 3. Approve the Westminster Avenue Sewer Project Construction and Reimbursement Agreement with the Garden Grove Sanitary District (Exhibit 2), subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This project consists of replacing approximately 3,300 linear feet of sewer main on Westminster Avenue between Harbor Boulevard and Roxy Road (Exhibit 3). The scope of work consists of replacing the existing, undersized 12" vitrified clay pipe (VCP) with a new 15" VCP. The City of Santa Ana and the Garden Grove Sanitary District jointly use the sewer main. Both agencies have determined that a larger sewer main is needed to provide adequate peak sewer flow capacity and prevent the risk of sanitary sewer overflows. In addition, Santa Ana and the Garden Grove Sanitary District have determined that a new cooperative agreement is necessary to determine each party's share of the construction costs. As detailed in the agreement, the City of Santa Ana will be responsible for approximately 32% of final construction costs and the Garden Grove Sanitary District will be responsible for the remainder. Staff recommends approvals of the agreement to continue the City's partnership with the Garden Grove Sanitary District and confirm the construction financing. 23A -1 Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Page 2 The Notice Inviting Bids was advertised on March 24 & 26, 2013, and bids were opened on May 14, 2013. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana Contractors receiving notices 6 Contractors requesting bidding documents 21 Bids received 8 Bids received from Santa Ana Contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BASE BID 1 Vasilj, Inc. Irwindale $1,006,281.50 2 Paulus Engineering, Inc. Anaheim $1,047,155.00 3 Kana Pipeline, Inc. Placentia $1,083,000.00 4 Ramona, Inc. Arcadia $1,229,988.00 5 Andrew Papac and Sons South El Monte $1,264,455.00 6 Dominguez General Engineering, Inc. Rosemead $1,465,112.00 7 KEC Engineering Corona $1,466,466.50 8 Mike Ruffalo Co, Inc. Baldwin Park $2,080,475.00 A total of 8 bids were received and deemed responsive. Vasilj, Inc., submitted the lowest responsive bid. Their $1,006,281.50 bid is 27 percent under the Engineer's Estimate of $1,390,182. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemptions Environmental Review No. 2013 -8 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Page 3 FISCAL IMPACT The estimated total construction cost of this project is $1,286,219.50, which includes construction administration, inspection, testing, survey, and contingencies (Exhibit 1). Funding is available to cover costs in the Sewer Connection Project Fund (account 05517660- 66220). Raul Godinez .E. Executive Director Public Works Agency RG/TC Exhibits APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency,° 1. Cost Analysis 2. Westminster Avenue Sewer Project Construction and Reimbursement Agreement with Garden Grove Sanitary District 3. Project Location Map - Westminster Avenue Sewer Improvements 23A -4 Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 COST ANALYSIS PROJECT 126605 WESTMINSTER AVENUE SEWER IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 1 23A -5 $1,006,282.50 $28,595.00 $91,322.00 $20,020.00 $140,000.00 $1,286,219.50 Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 Exhibit 2 ATTACHMENT WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND REIMBURSEMENT AGREEMENT This WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND REIMBURSEMENT AGREEMENT (this "Agreement ") is made and entered into by and between the Garden Grove Sanitary District, a subsidiary district of the City of Garden Grove ( "District "), and the City of Santa Ana, a municipal corporation ( "City "). District and City are sometimes individually referred to as each "Party" and collectively referred to as the "Parties" RECITALS A. City and District jointly use and share capacity rights in certain sewerage facilities located in Westminster Avenue, which shared sewerage facilities are owned, operated and maintained by each Party within its respective territorial jurisdiction, all in accordance with that certain Agreement for Joint Use of Sewerage Facilities in effect between the Parties. B. In order to mitigate the risk of sanitary sewer overflows and to provide adequate peak flow capacity in these shared sewers, the Parties have determined that it is necessary to construct new sewerage facilities in Westminster Avenue between Harbor Boulevard and Nancy Lane to transport wastewater at the estimated ultimate capacity of both the City and District. The design and construction of these new shared sewerage facilities is referred to in this Agreement as the "Westminster Avenue Sewer Project." C. The new shared sewerage facilities to be constructed pursuant to the Westminster Avenue Sewer Project will be located in portions of both City's and District's territorial jurisdictions. Notwithstanding the provisions of the for Joint Use of Sewerage Facilities providing for each Party to be responsible for the design and construction of new and replacement shared sewer facilities within each Party's respective jurisdiction, City and District have determined it is in the best interests of both parties for City to design and construct the entire Westminster Avenue Sewer Project and for District to reimburse City for District's fair share proportionate cost of such design and construction. D. City has prepared, and District has reviewed and approved, the plans and specifications for construction of the Westminster Avenue Sewer Project (referred to internally by City as "Project No. 12 -6605 Westminster Avenue Sewer Main Improvements "), which plans and specifications incorporated into this Agreement by reference ( "the Plans and Specifications "). E. The Parties' respective fair share proportion of the cost of the Westminster Avenue Sewer Project is based on the Parties' respective estimated ultimate average flows from the areas tributary to the segments of the shared sewers to be constructed as part of the Westminster Avenue Sewer Project, which tributary areas are depicted on Exhibit "A" attached hereto, and which flows are prorated as calculated and shown on Exhibit "B" attached hereto. The estimated total final cost of the Westminster Avenue Sewer Project, including engineering and construction costs is One Million Five Hundred Twenty Thousand 912756.1 Exhibit 2 23A -7 Dollars and 00/100 cents ($I,520,000.00) (the "Estimated Project Cost "). City's fair share proportion of the Estimated Project Cost is Four Hundred Ninety Thousand Twenty Seven Dollars and 00 /100 cents ($490,027.00). District's fair share proportion of the Estimated Project Cost is One Million Twenty Nine Thousand Nine Hundred Seventy Three Dollars and 00 /100 cents ($1,029,973.00). The calculation of the Estimated Project Cost and City's and District's respective fair share proportion of the Estimated Project Cost is set forth in Exhibit "C," attached hereto and incorporated herein by reference. G. The Parties desire to enter into this Agreement to specify the terms pursuant to which City will construct, and District will reimburse City for District's fair share proportionate cost of, the Westminster Avenue Sewer Project. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, it is hereby agreed by and between the City and the District, as follows: AGREEMENT 1. Project Construction. 1.1. City shall be responsible, at City's sole cost and expense, for bidding, awarding, and administering a contract for the construction of the Westminster Avenue Sewer Project, in conformance with the Plans and Specifications approved by the District and in accordance with all applicable laws governing construction of public works by either City and /or District, including, but not limited to, laws governing public bidding and the payment of prevailing wages. District shall be responsible for its own Project administration costs, including review of contract change orders, District inspection of the Project and District project coordinator activities. The contractor selected by City to construct the Westminster Avenue Sewer Project shall be hereafter referred to in this Agreement as the "Project Contractor," and the contract between City and the Project Contractor shall hereafter be referred to as the "Project Construction Contract." In the event the projected actual cost of the Westminster Avenue Sewer Project, as reflected in the bid of the lowest responsible bidder to which City intends to award the Project Construction Contract, exceeds the Estimated Project Cost by twenty percent (20 %), City shall not award the Project Construction Contract without prior approval of District's Board of Directors. 1.2. City shall ensure that the Project Construction Contract requires the Project Contractor to provide insurance acceptable to District, to name District and the City of Garden Grove as additional insureds, and to indemnify, defend, and hold harmless District and the City of Garden Grove in a manner approved in writing by District prior to award of the Project Construction Contract. City shall not permit construction of any portion of the Westminster Avenue Sewer Project to commence until evidence of the required insurance and additional insured endorsements have been provided to and approved by District. 2 9127 %.1 W,klffqe� 1.3. City shall be responsible for ensuring that the Project Contractor constructs the Westminster Avenue Sewer Project in a timely manner, The estimated schedule of construction of the Westminster Avenue Sewer Project is attached hereto at Exhibit "D." 1.4.City shall be responsible for processing all contract change orders ( "CCOs ") that are necessary for the completion of the Westminster Avenue Sewer Project and shall obtain District's approval for those CCOs affecting District sewerage facilities and /or District's fair share proportion of the Actual Final Project Cost (as defined in Section 2.2) in accordance with this Section prior to instructing the Project Contractor to proceed in accordance with a CCO. District shall provide either concurrence with or comments on CCOs within five (5) business days of City's submittal of CCOs to District. Should District fail to provide either timely comments on or concurrence with any CCO submitted by City within five (5) business days of such submittal, such CCO shall be deemed approved by District. Delay costs resulting from District's review of change orders shall be charged to District. 1.4.I.District shall designate a project coordinator to facilitate District inspection and approvals. Said project coordinator shall have authority to approve change orders required I.S. City shall require and ensure that the Project Contractor warrants and guarantees all work related to the Westminster Avenue Sewer Project, and all parts thereof, including that performed and constructed by subcontractors, sub subcontractors, and others employed directly or indirectly on and for such work, against faulty or defective materials, equipment, or workmanship for a period of at least one year from the date of the City's written final acceptance of the work or such longer period of time as may be prescribed by law or by the terms of any special guarantee or warranty required by the Project Construction Contract. City shall and hereby does assign to District all contractor and manufacturer warranties and guarantees required by the Project Construction Contract or otherwise for those sewerage facilities and appurtenances which will belong to District. 1.6. District shall be entitled to inspect all portions of the Westminster Avenue Sewer Project within District's territorial jurisdiction, and City shall not approve a Notice of Completion for any sewerage facilities and related improvements that will be owned and maintained by District until such facilities and improvements are approved and accepted by District. Notwithstanding the foregoing, District's failure to approve and accept, or provide written notice to City of unaccepted work, within thirty (30) days of notice by City, shall constitute District's approval of the Project and a waiver of District's objections. 2. District's Reimbursement to Citv. 2.1. Following award of the Project Construction Contract, City and District shall meet and confer to determine the actual anticipated total cost of the Westminster Avenue Sewer I 912756.1 T' � J Project based on the Project Contractor's bid (the "Actual Projected Project Cost ") and each Party's respective fair share proportion of the Actual Project Cost in accordance with the Exhibits "C -1" and "C -2," respectively. Prior the commencement of construction of the Westminster Avenue Sewer Project, City shall invoice District for, and District shall pay City one -half (1/2) of District's fair share proportion of the Actual Projected Project Cost. 2.2. Following completion of the Westminster Avenue Sewer Project, City and District shall determine the actual final total cost of the Westminster Avenue Sewer Project, including any additional costs attributable to approved CCOs, (tile "Actual Final Project Cost ") and each Party's respective fair share proportion of the Actual Final Project Cost in accordance with Exhibit "C." Upon the later to occur of (i) one year from the date of District's first payment to City pursuant to Section 2. 1, or (ii) thirty (30) days following approval of a Notice of Completion for the Westminster Avenue Sewer Project, City shall invoice District for, and District shall pay City, the difference between District's fair share proportion of the Actual Final Project Cost and the amount of District's first payment made pursuant to Section 2.l . 3. Ownership and Future Maintenance of Facilities Following Completion of Project. The ownership and responsibility for future operation and maintenance of the share sewerage facilities constructed pursuant to the Westminster Avenue Sewer Project shall be governed by the Agreement for Joint Use of Sewerage Facilities in effect between the Parties. Any and all improvements within the territorial jurisdiction of the District and designated as District owned improvements pursuant to the Agreement for Joint Use of Sewerage Facilities shall become the sole property of the District when finally approved and accepted by District. Any and all improvements within the territorial jurisdiction of the City and designated as City owned improvements pursuant to the Agreement for Joint Use of Sewerage Facilities shall become the sole property of the City when finally approved and accepted by City. 4. Indemnity. Each Party hereby agrees to indemnify, defend, protect and hold harmless the other Party, and its elected and appointed officials, officers, employees, representatives, Volunteers, and agents from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, workers' compensation benefits, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses of any kind or nature, arising from the activities of the indemnitor or its officers, agents, or employees on the Project, or any breach of contract, negligent acts, omissions or breach of law, or willful misconduct of the indemnitor, or its officers, agents, or employees arising out of the performance of, or failure to perform, any provisions of this Agreement. Neither Party assumes liability for the acts or omissions of persons other than each Party's respective officers, agents, or employees. In the event judgment is entered against both Parties because of joint or concurrent negligence of both Parties, or their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. The respective obligations of 4 912756.1 the Parties pursuant to this Section shall survive expiration or earlier termination of this Agreement. Alteration of Terns. This Agreement fully expresses all understanding of the City and District with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by the parties. 6. Notices. Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Fax No.: 714 -647 -6956 With courtesy copy to: Santa Ana Public Works Agency Water Resources Division 220 South Daisy Ave., Bldg A Santa Ana, CA 92703 Fax No.: 714- 647 -3345 DISTRICT: Garden Grove Sanitary District Attention: General Manager 11222 Acacia Parkway P. O. Box 3070 Garden Grove, CA 92842 Fax No.: (714) 741 -5044 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 7. Term of Agreement. This Agreement shall become effective upon filll execution by both City and District and shall continue in filll force and effect until all obligations of the District 912756.1 23A -11 to the City are satisfied in full accordance with the terms of this Agreement. The provisions of Section 3 ( "Ownership and Future Maintenance of Facilities Following Completion of Project ") of this Agreement shall continue to remain in fill force and effect following expiration or earlier termination of this Agreement 8. Severabilitv. If any term, provision, covenant, or condition set forth in this Agreement is held by the final judgment of a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions, covenants, and conditions shall continue in full force and effect to the extent that the basic intent of the Parties as expressed herein can be accomplished. In addition, in such event the Parties shall cooperate in good faith in an effort to amend or modify this Agreement in a manner such that the purpose of the invalidated or voided provision, covenant, and condition can be accomplished to the maximum extent legally permissible; provided, however, that in no event shall either party be required to agree to an amendment or modification of this Agreement that materially adversely impacts its rights or materially increases its obligations or risks as set forth herein. 9. Waiver of Default or Breach. Waiver of any default by either party shall not be considered a waiver of any subsequent default. Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a modification of the terms of this Agreement. 10. No Third -Party Beneficiaries. Nothing in this Agreement is intended to create any third -party beneficiaries to the Agreement, and no person or entity other than the City and District, and the permitted successors and assigns of either of them, shall be authorized to enforce the provisions of this Agreement. 11. Assignment. The District may not assign its interest in this Agreement without the prior written consent of City, which consent will not be unreasonably withheld. 12. Further Assurances. District and the City agree to execute, acknowledge and deliver any and all additional papers, documents and other assurances and to perform any and all acts and things reasonably necessary in connection with the performance of the obligations hereunder and to carry out the intent of the Parties. 13. Agreement Negotiated. The text of this Agreement is the product of negotiation among the parties and their counsel and is not to be construed as having been prepared by one party or the other. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 15. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 6 912756.1 23A -12 16. Recitals. The Recitals above are hereby incorporated into this section as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers as of the dates set forth below. CITY OF SANTA ANA Kevin O'Rourke Interim City Manager Date: ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney 1 912756.1 23A -13 GARDEN GROVE SANITARY DISTRICT Ma� V J. Fertai General Manager Date: � - -, 13 ATTEST: Kat leer Bailor Board Secretary APPROVED AS TO FORM: omas F. Nixon Attorney for District EXHIBIT "A" TRIBUTARY AREAS TO WESTMINSTER AVENUE SHARED SEWER SEGMENTS 912756. I 23A -14 C ++ j d Q +L� L CL O E m v y d a a m �Y DZ � r G s _ m L V1 m GI a� ^ •L Ri C [9 �� 9 N d a ° to o a O O t/J tq 4J to [4 (9 Z^ m q L C7 VLi VL! U O U i- N N (n b i l q -77f �11 -FfT�J-OFTTTTr Tr L � w m aptl mZ♦ 4< mom^ 1 m s a K y�� s^ q I w aZ< a U O v V G L m to e ms • g u p e u 0 1� I ° ° x w� 2 2 O y e9.s et i m -i m a I d p ji ^Un q 1 s` ^m2�� N2m ( mV { E I Ill m 23A -15 EXHIBIT "B" PROPORTIONATE FLOWS FROM TRIBUTARY AREAS TO WESTMINSTER AVENUE SHARED SEWER SEGMENTS 912756.1 S.AW11 ee' CJs fit e a 23A -17 a _ _ MM 0 fill _ n i RttR i #f lie i i n —i I+ i It N J 4 �i QQ 5� i7:.7'b' Q 8 5Q� S.y 77�� SS }} QQ 3 QQ 25 .K. g' @@ ;�yy SS Ail AL IAN g �u N€cJs11:1 I &NAP maW I IIA 9 o JooweE,,ewYEdp P A .P� Xpa N E rPi 1i I a 6 i �d P� PPo" P a om p V A I � PP PP PaP.EPo' InPs P lP6 P $ P� P 11101111.5p PpIpIp I 3�D 5 rr RRa Ss�RR Sb3n PX }} gg! EE� QQV¢¢ b5 QQV QQJ Sg 5QN� E I I I y±�quq rZ IS$` `dP D � �i 1. bbr QuYY a Ts. ( g o c S � ,, g P � $ � E J p yP X X K K b X ° H 0 23A -17 912756.1 EXHIBIT "C -1" ESTIMATED PROPORTIONATE SHARE OF PROJECT DESIGN COSTS OTETRATECH 17885 Yon Karma., Su9a 508, puns, CA 92614 Tat 949,809.5008 Fax 949.109,5010 Client: City ofSanta Ana Sheet No. I of 1 Project: West minsterAveSewer Main Improvements Job No.:134•P00597 -0086.04 Cost Share of Design Computed by: MBJ —__ Checked by M%VB Date: 2142013 10%. Reach 95 Reach N6 PUtlO5Rf0a861FnpnoainpVl.('m1 EsnnmaKo9Share atDaiga 31% • J EXHIBIT "C -2" ESTIMATED PROPORTIONATE SHARE OF PROJECT CONSTRUCTION COSTS 912756.1 Wmw-][ C 17096 Von Kannan, Suite 600, Wine, CA 92614 TETRA TECH rat 949.109.6000 Fax 949.109.5010 Client: City of Santa Ana Sheet No. l of l Project: Westminster Ave Sewer Main Improvements Job No. 134- P00597 -0086 -04 Cost Sharing Cost Estimate Computed by: MBJ Checked by: MWB Date: 2/4/2013 Assamptions. 1. Percentage of cost assigned to Santa Ana and Garden Grove equals the percentage of flow each City contributes between each manhole. See attached spreadsheet for percentages. 2. Percentage of lump sum items in each reach is calculated as the percentage of pipeline constructed in each reach divided by the total amount of pipeline. See Table A below. TABLE A - Percentage of Lump Sum Bid Items Reach #1 9618.5 9278.4 340 10% Reach #2 9278.4 8926.3 348 11% Reach #3 89263 8603.2 320 10% Reach #4 8603.2 8303.3 296 91y. Reach 95 8303.3 8099.7 200 6% Reach #6 8099.7 7769.6 326 10;; Reach #7 7769.6 7399.9 366 11% Reach #8 7399.9 70223 373 11% Reach #9 7022,7 6648.2 371 II% Reach 910 6648.2 6263.7 1 379 II% P:WWS97W8T.F gv,m *041('°y tuY ftAc°f. E1111y1C{.°n 3luring 23A -21 17885 Van Kaman, Suite 5W, Irvine, CA 92614 TETRA TECH Tel: 949.809 -SM Fax: 949.809.5010 P.WW3Q?ZMGWng6wain&1DACnn Eoi -=C- gawk -r . sluing 23A -22 17885 Von Kannon, SW1a 600, Who, CA 92614 TETRA TECH Tat 949.899.5000 N Fax 949.609.5010 P:UV0591Y1984�En9ineerin�'O7lCon E.Iu —.%C- SW.S 23A -23 TETRA TECH 171195 von t<am an Suite sot at Irvine. cn a5= Tat 948.B0a.5000 Fax 949.909.5010 P,VW597W9 QEngi -i &V4W t F': -,n C.1 Shur 23A -24 1 I IS Sheeting, horing and Trench Protection $2,200 52,200 2 373 LF Construct IS" VCP Sewer Main 5220 582,060 4 1 EA Construct Concrete Manhole 58,000 SS,000 6 3 EA Construct 6" Sewer Laterals and Ckatouts S IO,Ot30 $30,000 8 300 SF Remove and Replace Concrete Drive $20 56,000 10 373 LF CCfVInspection of New Sewer Main S2 S1,000 Reath f{8 11 3 EA CCTV Inspection of New Sewer Laterals $100 5300 73 +99.9 to 70 +22.7 121 12 1 CY lExcavation of Unsuitable Materials and Installation of Rock Stabilization $30 5360 13 30 1 CY lExcavation of Unsuitable Materials and Import Trench Backfill S50 $1,500 141 1 1 LS Abandon Edstlng 12" and 8" Sewer Main 53,080 $3,080 is 1 EA Abandon Ustim Madroh: S4 000 54,000 18 1 IS !Traffic Control, S ' ' and Pavement Markin $10,860 $10,860 IBM I I LS [Shocdng, Shoring and Trench Protection S2,200 $2,200 2 371 LF lConstruct 15" VCP Sewer Main 5220 581,620 4 I EA IConstruA Concrete Manhole $8,000 S8,000 6 2 EA lConstruct 6" Sewer Laterals and Cleanoms $10,000 520,000 8 300 SF lRemove and Replace Concrete Drivewa s S20 $6,000 10 371 LF CCTV Inspection ofNew Sewer Main $2 SI,000 Reach H9 11 2 EA CCTV 1n ction of New Sewer laterals SIN 5200 70 +22.7 to 66 +48.2 121 12 CY Excavation of Unsuitable Materials and Installation of Rocs: Stabilization 1 $30 $360 131 30 CY Excavation of Unsuitable Materials and Import Trench Backfill S50 51,500 141 1 LS Abandon Existing 12" and 8 "Sewer Main $3,080 53,080 15 2 EA Abandon Existing Manhole 54,000 581000 18 1 IS Traffic Control, Striping and Pavement Markin $10,860 510,860 1 I LS Sheeting, Shoring and Trench Protection 52200 52,200 2 379 LF Construct 15" VCP Sewer Main 5220 5831380 4 2 EA Construct Concrete Manhole 58,000 516,000 5 l EA Modify Existing Sewer Manhole at Harbor and Roxey 55,000 S5,000 6 3 EA Construct6 "Sewer Laterals and Cleanouts SI0,000 $30,000 7 1050 SF Remove and Replace Concrete Bus Pad $10 510,500 Reach #10 10 379 LF CCTV Inspection of New Sewer Main $2 51,000 66 +48.2 to 62 +63.7 11 3 EA CCTV Inspection of New Sewer Laterals SI00 $300 l2 12 CY Excavation of Unsuitable Materials and Installation of Rock Stabilization 530 $360 13 30 CY Excavation of Unsuitable Materials and Import Trench Backfill S50 $1,500 14 1 IS Abandon Existing 12" and 8" Sewer Main S3,080 53,080 15 1 EA Abandon Existing Manhole $4,000 54,000 I8 1 IS Traffic Control. Strivina and Pavement Marlrinas $10,860 $10,860 P,VW597W9 QEngi -i &V4W t F': -,n C.1 Shur 23A -24 912756.1 EXHIBIT "D" ESTIMATED SCHEDULE OF PROJECT CONSTRUCTION 23A -25 TETRA TECH MEMORANDUM TO: Rudy Rosas, P.E., City of Santa Ana FROM: Mark Bush, P.E., Tetra Tech JOB TITLE: Westminster Avenue Sewer Improvement Project PROJECT NO: 134- P00597- 0086 -04 (300) SUBJECT: Estimated Schedule for Construction DATE: February 19, 2013 The Estimated Schedule for Construction is based on Tetra Tech's experience with similar projects of nature, size, and knowledge of the City's existing system. The following permits are to be obtained by the Contractor prior to construction: City of Santa Ana Encroachment Permit City of Garden Grove Engineering Permit In order to obtain these permits, the Contractor is responsible to prepare traffic control plans and submit to the agencies listed above and obtain approval. Traffic control plans shall be submitted to the City for approval no later than four (4) weeks after the award of the contract. The Contractor's activities shall be confined to the following hours: I . From 9:00 a.m. to 3:00 p.m., Monday through Friday, except as otherwise noted. 2. Construction activities within the intersection of Harbor Boulevard and Westminster Avenue shall be performed from 9 p.m. to 5 a.m., Monday through Friday. 3. All direct tap lateral connections to the existing sewer laterals, including installation of clean -outs, shall be performed from 9 p.m. to 5 a.m., Monday through Friday. 4. The work at the intersection of Clinton that requires the upstream manhole (South Clinton) to be plugged in order to install the new 8 -inch sewer pipe shall be performed from 9 p.m. to 5 a.m., Monday through Friday. The aforementioned hours impact when the work can be performed and the Contractor's production rates. The Contractor will also be responsible to obtain the following permits, but these are not believed to be critical path items: 1. Business License. Each Prime Contractor and Subcontractor shall obtain and pay for a Santa Ana Business License and a City of Garden Grove Business License. Detailed information concerning business license may be obtained from the Finance and Management Services Agency, (714) 647 -5447, City Hall. P:\P00597\ 0086 \WordPro\04\Correspondence\mo02 - 2013 -02- 19- rev.doc (300) S�P MEMORANDUM February 19, 2013 Page 2 2. Construction Water Permit. Each Prime Contractor or Subcontractor which desires to obtain water from AGENCY -owned fire hydrants for construction or any other purpose shall first obtain and pay for a permit from the Corporate Yard of the City of Santa Ana at 220 South Daisy Avenue. Information concerning costs and conditions may be obtained from the AGENCY by calling (714) 647 -3320. Use of private water from a hose bib is not allowed. 3. Disposal Permit. In accordance with the procedures of the Orange County General Services Administration (GSA), the cost for the disposal of all materials at County landfill sites shall be borne by the Contractor. 4. OSHA Excavation Permit. Contractor shall obtain an OSHA excavation permit, including an inquiry number from "Underground Service Alert". Summarized herein is suggested phasing for construction activities: 1. Submit shop drawings and obtain permits; 2. Phase L Construct 15 -inch and 8 -inch sewer main and manholes from connection at Harbor Boulevard to Roxey Drive and test main and manholes. Do not divert flow into new main. Construct new manholes over existing 8 -inch laterals and maintain lateral through manhole. Construct service laterals partially across the street to the limits of the traffic control. Install inflatable plugs and temporary caps in service laterals at Sta. 92 +20, Sta. 93 +67, Sta. 94 +32, and Sta. 95 +68. 3. Phase .11. Starting from Harbor Boulevard and working east to Sta. 88 +50, continue constructing service laterals and clean-outs and connect new service lateral to existing service lateral. Break and remove the existing laterals constructed through manholes, divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. 4. Phase X. Break and remove the existing lateral constructed through new manhole Sta. 89 +26.3 (Sta. 9 +86.5 Clinton) and divert flow into new 15 -inch sewer main. Maintain flow from South Clinton into existing 12 -inch sewer. Construct new 8 -inch sewer to the south within limits of the traffic control. S. Phase IV. Break and remove the existing lateral constructed through manhole Sta. 92 +78.4, divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. Break and remove the existing lateral constructed through manhole Sta. 96 +18.5 (Sta. 9 +86.5 Roxey) and divert flow into new 15 -inch sewer main, and construct a brick and mortar plug in the outlet no longer being used. Re- channel the manhole base at existing manhole Sta. 96 +18.5 and divert upstream flow at Roxey Drive into new 15 -inch sewer, and construct a brick and mortar plug in the outlet no longer being used. 6. Phase V Working east to west from Sta. 96 +18.5, construct laterals and clean-outs and connect new service laterals to existing service laterals at Sta. 92 +20, Sta. 93+67, Sta. 94 +32, and Sta. 95 +68 (Type B laterals) and connect new service laterals to existing service laterals. 7. Phase VI: After all flows upstream of existing manhole at Sta. 9+71.8 (Clinton) have been transferred to the new 15 -inch sewer, make final connection of 8 -inch sewer picking up flows from South Clinton. Temporarily plug upstream manhole on 8 -inch sewer, remove manhole, and make final connection. P:V' 0059710086\ WordPro \04 \Correspondence1mo02 - 2013 -02 -19- rev.doc (300) 23A -27 MEMORANDUM February 19, 2013 Page 3 8. Phase VII: Abandon existing 12 -inch and 8 -inch sewer mains and manholes. 9. Phase VIII: Construct grind and cap. This is only an estimated schedule; the actual schedule and phasing may vary due to field conditions and performance /production rates of the Contractor. Notwithstanding, the Contractor shall complete all work under the contract within 140 working days from the date of the Notice to Proceed issued by the City of Santa Ana. Construction on the project shall begin within one (l) month from the award of the contract. Once work has begun on the project, the Contractor shall work continuously on the project until work is substantially complete. MWB /mn P:\P00597\ 0086 \WordPro\04 \Correspondence\mo02 - 2013- 02 -19- rev.doc (300) W'0d1967 ATWA Contract Award for Westminster Avenue Sewer Improvements June 17, 2013 TRASK I AVENUE SANTA ANA Tdlo 3 pTlOry P1M WESTMINSTER AVENUE° 4m1 1, I Pr I,V A ■ SEWER MAIN IMPROVEMENTS � L o., PROJECT NO, 12-6605 Exhibit 3 23A -30 E.. ti HUCKLEBERRY RD STRAWBERRY U TER VENUE a 4167}i � PRO PROJECT l LOCATION I �C � WASF#NGTON AVE W UTH ST HAZARD AVE VICINITY MAP 1 NOT TO SCALE SANTA ANA Tdlo 3 pTlOry P1M WESTMINSTER AVENUE° 4m1 1, I Pr I,V A ■ SEWER MAIN IMPROVEMENTS � L o., PROJECT NO, 12-6605 Exhibit 3 23A -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: CONTRACT AWARD FOR MAPLE STREET BIKE TRAIL STORM DRAIN CDS PROJECT (PROJECT NO. 136793) CIT NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to the lowest responsible bidder, Fleming Environmental, Inc., in accordance with the base bid totaling $153,940 for the construction of the Maple Street Bike Trail Storm Drain CDS Project. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $200,122. DISCUSSION The Public Works Agency received funding from the Orange County Transportation Authority (OCTA) under the Measure M2 Environmental Cleanup Program (ECP) to construct a trash reduction project. The purpose of the program is to protect Orange County beaches and waterways from transportation- generated pollution (urban runoff), and improve overall water quality. This project consists of installing an off -line Continuous Deflective Separation (CDS) unit in the storm drain system to remove trash and debris, and prevent sediment, oil, and grease from entering the Santa Ana Delhi Channel, which drains into Newport Bay, as shown in Exhibit 2. The proposed device is a precast concrete unit and it will be installed underground. The CDS unit will capture trash and debris, and will need to be periodically cleaned out to remove the intercepted waste. 23B -1 Contract Award for Maple Street Bike Trail Storm Drain CDS Project June 17, 2013 Page 2 A Notice Inviting Bids was advertised on May 5 & 7, 2013, and bids were opened on May 22, 2013. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 12 Bids received 8 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BASE BID 1 Fleming Environmental, Inc. Fullerton $153,940.00 2 Excel Paving Company Long Beach $154,961.00 3 GRFCO, Inc. Moreno Valley $155,900.00 4 Paulus Engineering, Inc. Anaheim $161,469.98 5 GCI Construction, Inc. Costa Mesa $213,080.00 6 Bali Construction, Inc. S. El Monte $216,720.00 7 Atlas- Allied, Inc. Anaheim $224,000.00 8 John T. Malloy, Inc. Los Angeles $255,760.00 A total of eight bids were received and deemed responsive, submitting the lowest responsive bid. Their $153,940 bid Engineer's Estimate. The Engineer's Estimate, however, did design and installation of heavy duty shoring that is required of up to 21 feet. ENVIRONMENTAL IMPACT with Fleming Environmental, Inc., is 71 percent over the $90,000 not include the cost of structural and necessary to work at a depth In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2013 -45 (Project 136793) was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. W Contract Award for Maple Street Bike Trail Storm Drain CDS Project June 17, 2013 Page 3 FISCAL IMPACT The project Cost Analysis identified a total project delivery cost of $200,122, including construction administration, inspection, testing, survey, and contingencies. Funding is available to cover those costs in the Measure M2 — Street Construction Fund (Account 03217662 - 66220) in the amount of $100,000 and from the Federal Clean Water Protection Fund (Account 05717640- 66220) for the balance. APPROVED AS TO FUNDS AND ACCOUNTS X'- N%ftL - 0, —J ul Godinez II,� .E. Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance &Management Services Agency 23B -3 RG /TC Exhibits: 1. Cost Analysis 2. Location Map W : i COST ANALYSIS PROJECT 136793 - MAPLE STREET BIKE TRAIL STORM DRAIN CDS PROJECT Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS EXHIBIT 1 23B -5 $153,940 $7,697 $12,315 $3,079 $23,091 $200,122 WARNER AVE. x i II I I ' IIG IC WARNER AVE. ECT LXT M i s a s !. !. • a• SPUK 17.2013 • s • • • 23B -7 i x ECT LXT M i s a s !. !. • a• SPUK 17.2013 • s • • • 23B -7 i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AGREEMENT WITH AUTOMATED VENDING TECHNOLOGIES, INC. TO PROVIDE BEVERAGE AND /OR SNACKS SERVICES AT CITY OWNED PROPERTIES CI NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15i Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Automated Vending Technologies, Inc. (AVT) to provide healthy beverage and /or snack vending services at City -owned properties for a one -year term, with the option of extending the agreement for five additional one -year terms, subject to non - substantive changes. DISCUSSION Currently, Automatic Vending Technologies, Inc provides vending services at the Community Centers, Library and the Regional Transportation Center and Downey Vendors Inc. dba Premier Vend Group provides vending services at City Hall, City Yard (Fleet) and the Police Facility. The existing vending services expires on June 30, 2013 and the various agencies agreed to consolidate the service into one contract. A Request for Proposal to provide 22 healthy beverage and /or snack vending machines at various City -owned properties was issued on April 11, 2013. The Request for Proposal was distributed to eight beverage and snack vending operators. A pre - proposal conference was conducted on April 29, 2013 and responses were received from three vendors who submitted proposals for consideration. AVT, Inc., Premier Vend Group, Inc. and Elite Division Group, LLC each submitted proposals for review. A six member evaluation committee consisting of representatives from Police, Public Works, Clerk of the Council, Finance, and Parks, Recreation and Community Services Agency met on May 29, 2013 and rated the three proposals. The committee rated each proposal based on the operator's ability to successfully provide vending services using the following evaluation criteria: • Description of Operation (15 %) • Qualifications and Experience (40 %) • Equipment, Item Selection, and Pricing & Marketing (15 %) • Revenue (30 %) 25A -1 RFCA — Agreement with AVT Inc June 17, 2013 Page 2 AVT, Inc. was rated highest, scoring 516 out of a maximum 600 points. Elite Division Group, LLC scored 512 followed by Premier Vend Group, Inc., which scored 487 points. Based on the results of the evaluation, the evaluation committee recommended AVT, Inc. as the vendor or choice. The City will received 30 percent of the revenues generated by the beverage and snack machines installed at Parks, Recreation and Community Services locations (Library, Senior Centers and Recreation Centers), Public Works Agency (Santa Ana Regional Transportation Center) and the City Corporate Yard (City Yard Administration building). At the Police Facility, City Hall and City Yard Fleet building the product will be at a lower price with no commission. The annual projected revenue for this agreement is $5,000. FISCAL IMPACT The City's commission from AVT, Inc. will be recognized in the PRCSA Vending Machines Revenue account (no. 01113002 53309), Public Works Agency account (no. 06717002 53818) and City Corporate Yard account (no. 08510002 57010). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A -2 VENDING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND AUTOMATED VENDING TECHNOLOGIES, INC. This Agreement is made and entered into this 1St day of July, 2013, by and between Automated Vending Technologies Inc., a Nevada corporation dba in California as Automated Vending Inc. ( "Vendor "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California ( "City "). RECITALS A. On April 11, 2013, the City issued a Request for Proposals (RFP 13 -011 PRCSA) for a vending company to provide twenty -two (22) beverage and /or snack vending machines at various City -owned properties. B. The City received responsive proposals from three vending companies. Upon review of said proposals and rating through an evaluation committee, the City has determined that the Vendor's proposal is the most beneficial to the City. C. Vendor offers soft drinks, water, iced tea, juice and snack products for sale in Vendor -owned vending machines. Vendor desires to place its vending machines at various agreed upon City -owned and operated facilities ( "the Premises "). D. Vendor ensures that no less than fifty percent (50 %) of the food and beverages provided in all vending machines located on the Premises will be of a healthy variety in compliance with the City's policy regarding healthy snacks in vending machines at City -owned facilities. WHEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. TERM The term of this Agreement shall be for an initial term of one (1) year, commencing on the date set forth above and expiring on the anniversary date in the year 2014, unless earlier terminated by either party as provided herein. There shall be the option of extending the Agreement for five (5) additional one -year terms, exercisable by the Executive Director of Parks, Recreation and Community Services ( "Executive Director "). 2. EXCLUSIVITY/VENDING RIGHTS The City hereby grants Vendor the exclusive right to install and maintain their soft drink and snack vending machines ( "vending machines ") throughout the Premises for the term of this Agreement. City agrees to exclusively use Vendor identified soft drink and snack vending machines on the Premises. 25A -3 3. COMPENSATION Vendor agrees to pay, and City agrees to accept as payment for its granting the exclusive right to install and maintain vending operations on City -owned property, thirty percent (30 %) of gross receipts received from sales of all vending machine products as identified in Exhibit A, Commissions (attached hereto and incorporated herein by reference) from the machines installed at the City Yard, the Santa Ana Regional Transportation Center, Library and at the Parks and Recreation Centers. At the Police Facility, City Hall and City Yard administration building, the product will be sold at a lower price with no commission. In addition, Vendor agrees to provide additional products and services as set forth in the Request for Proposal and Vendor's responsive proposal (attached hereto as Exhibit C and incorporated herein by reference). 4. RESPONSIBILITY FOR VENDING MACHINES Vendor will provide vending machines on the Premises as mutually agreed upon between Vendor and the Executive Director throughout the term of this Agreement. All vending machines shall at all times remain the property of Vendor. Vendor will repair and maintain the vending machines and agrees to keep them in good working order and condition at all times. Vendor shall have the exclusive right and obligation to repair, replace, or remove any and all vending machines. City shall not replace, relocate, move or remove any vending machines. Notwithstanding the foregoing, City agrees to use reasonable efforts to keep the vending machines in clean and sanitary condition, wholly free of all advertising at all times. In addition, City agrees to promptly notify Vendor of any need for repair or service, and to fully cooperate with Vendor in effecting such necessary repairs or service. City shall bear no responsibility whatsoever for any vandalism or theft occurring with regard to Vendor's equipment and vending machines. Further, Vendor shall be responsible for the costs of repair or replacement necessitated by vandalism, graffiti or theft. Should vandalism occur to the same vending machine for a second time, City may elect one to either relocate or remove said vending machine. Vendor and the Executive Director shall mutually agree on all locations to relocate vending machines if needed. 5. VEND RATES AND COMMISSION Current vending rates and commission rates shall be as approved in writing from time to time by the Executive Director. Vendor shall maintain all vending machines stocked with at least 50% healthy foods, such as such as baked chips, fruit, pretzels, granola, nuts, bottled water, low fat milk products, sports drinks and natural fruit juice drinks in compliance with the City's policy regarding healthy snacks, healthy eating and active living (City of Santa Ana Resolution No. 2006 -053 and Resolution No. 2011 -003). 6. VENDING MACHINE PLACEMENT A detailed list reflecting the proposed placement of all vending machines and equipment is set forth in Placement List, (attached hereto as Exhibit B and incorporated herein by 2 25A-4 reference). Vendor shall provide vending machines at all listed locations. Additional vending machines may periodically be added to the list subject to prior written approval of the Executive Director. Should the proposed locations of the vending machines be found not to be in the best interest of Vendor or the City, both parties must mutually agree as to whether or not to relocate the vending machines. If the Executive Director agrees that relocation is necessary, he /she has the authority to exercise discretion as to the most appropriate new location for placement of said vending machine on behalf of the City. An updated list evidencing the placement of the vending machines shall be kept by the Executive Director. A minimum number of twenty -two (22) vending machines shall be in place, at eleven City approved locations, at all times this Agreement is in effect. 7. DEFAULT AND TERMINATION: This Agreement may be terminated by the non - defaulting party if the other party materially fails to perform or comply with this Agreement or any provision hereof. The non - defaulting party may cancel the Agreement by sending a Non - Compliance Notice describing the non - compliance to the non - complying party. Upon receipt of such Non - Compliance Notice, the non - complying party shall have thirty (30) days from the date of such notice to cure any such non - compliance. If such non - compliance is not cured within the required thirty (30) day period, the party providing the Non - Compliance Notice shall have the right to cancel this Agreement. The rights of termination referred to herein are not intended to be exclusive and are in addition to any other rights available to either party in law or in equity. 8. RIGHTS UPON TERMINATION Upon termination of this Agreement by either party, City shall permit Vendor reasonable access to the Premises free from any claims of trespass, for the purpose of removing any vending machines within thirty (30) days from termination of this Agreement. Until such time as all vending machines are removed, each party's obligations shall continue as set forth in section 3 and 4. Vendor shall use its best efforts to leave each of the vending sites within the Premises in the condition in which it existed prior to installation, excepting reasonable wear and tear. 9. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreement between the parties hereto regarding the rights and responsibilities pertaining to vending machines on the Premises and supersedes all other agreements between the parties respecting such. This Agreement may be amended or modified only by written agreement, signed by each of the parties. 10. INDEMNIFICATION Vendor shall indemnify, defend, and hold harmless the City of Santa Ana, its officers, agents, employees, and volunteers from damage to property and for injury to or death of 3 25A -5 any person and from all claims, demands, actions, liability, or damages of any kind or nature arising out of or in connection with Vendor's use of the Premises, except those which arise out of a dangerous /defective condition of the Premises or due to the sole negligence of the City. 11. INSURANCE Prior to undertaking performance of work under this Agreement, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Vendor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Vendor'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. Vendor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit D upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Vendor, if Vendor 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, Vendor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Vendor 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. e. The following requirements apply to the insurance to be provided by Vendor pursuant to this section: 4 25A -6 (i) Vendor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Vendor 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 terminate this Agreement. Such termination shall not affect Vendor's right to be paid for its time and materials expended prior to notification of termination. Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 12. NOTICE Any notice or instrument required to be given or delivered to either party to this Agreement may be delivered by personal delivery or by depositing the same in the United States Mail, postage prepaid, addressed to: If to the City: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 571 -4211 If to Vendor: Automated Vending Technologies, Inc. c/o Natalie Russell 341 Bonnie Circle, Ste. 102 Corona, CA 92880 Phone: (951)737 -1057 FAX: (951)737 -7646 Any notice of a change of address shall be delivered in the same manner as any other notice provided herein. Notice by mail shall be effective three (3) days after mailing by the above - described procedure. 13. MISCELLANEOUS PROVISIONS a. Vendor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. 5 25A -7 b. Vendor certifies that it will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex or age, in compliance with Government Code 12900, et seq. Vendor agrees to take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age. c. 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. d. This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue in Orange County. e. Each undersigned represents and warrants that its signature hereinbelow has the power, Agency and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such Agency or power is not, in fact, held by the signatory or is withdrawn. f. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 25A -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney 7 25A -9 CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager VENDOR: AUTOMATED VENDING TECHNOLOGIES, INC. By: Natalie Russell President EXHIBIT A Commissions 25A -10 A 1 1 , Inc. Products will vary from time to time Current Product Listing All machines will be compliant N itll the healthy snack and drink policy adapted by the City Of Santa Ana. �' l` Uses Project lec3la nUtl'it1CiI1 calculator \vww.californiaprojectlean.org Parks. Library SRTC,C'ity Yard Prices for locations with a 30% commission paid Santa Anti C.'it IW1 and Santa Ana I'c�ticc I partruent I,c'werpricin . for Non Commission accounts ITEM m PRICE PRICE, CANS PEPSI _ S� �;r�__ f1.7 5 DT PEPSI i). a► u,7 MUG ROOT BEER $0.80 ` o 7> MOUNTAIN DEW $0.80 � f►.7 WILD CHERRY PEPSI 50.80 IhO,7; LIPTON BRISK $0.80 SQUIRT $0.80 S'0,7 COKE $0.80 ao.75 DT COKE $0.80 a ' .} :. FANTA ORANGE $0.80�J.7 SPRITE $0.80ti,7 CACTUS COOLER $0.80 NESTEA ICED TEA WILEMON $0.80 ti.7 DR. PEPPER $0.80aa.7 DT DR PEPPER $0.80 CHERRY COKE $0.80 1,0.7 _- COKE ZERO $0.80'.71 LIPTON RASP TEA $0.80 ' 0.75 DT 7 -UP .$0.80 o,7� CHERRY COKE ZERO $0.80 x'0.75 7 UP $0.80 ---.� 25A -11 25A -12 UKAFt $0.80 _ ISO .75 Y> � ROOT BEER � 80 ,�� 7, � ORANGE $0.80 t. TWIST $0.80 MOTTLE: LIFE WATER BLACK&BLUE BERRY $1.75 -- LIFE WATERFUJI APPLE PEAR. $1,75 i LIFE WATER ACAI FRUIT PUNCH $1.75 s l.. LIFE WATEREGRANATE CHERRY $1.75 SPRITE $1.50.. w PEPSI $1.50 � s I.; DIET PEPSI $1.50 S, I „ 3> MOUNTAIN DEW $1.50 s 1.? 5 WILD CHERRY PEPSI $1.50 l .: LIPTON BRISK $1.50 - TROP PINK LEMONADE $1 50 DIET MTN DEW SQUIRT $1.50 $1.50 M IS i Si : BRISK FRUIT PUNCH $1.50 r ..3 " TROP LEMONADE $1.50 SIERRA MIST $1.50 151, 1, DT SIERRA MIST $1.50 COKE $1.50 DIET COKE $1.50 ,w COKE ZERO $1.50 # ^. CHERRY COKE ZERO $1.50 s NESTEA ICED TEA W/LEMON $1.50 ► __ PEPSI MAX $1.50:. ^, >_w� ORANGE CRUSH $1.50 CHERRY CRUSH $1.50 s GRAPE CRUSH CRUSH 51.50 S .: DR. PEPPER $1.50 __- ��. DIET DR PEPPER $1.50 �> LIPTON ICE TEA/ LEMON CHERRY COKE $1.50 "S t.3 CACTUS COOLER $1.50 LIPTON GREEN TEA $1 .50 �;�.. GATORADE ORANGE $1.50 GATORADE LEMON/LIME $1.50 V GATORADE COOL BLUE $1.50 GATORADE GLACIER FREEZE $1.50 GATORADE FRUIT PUNCH $1,50 25A -12 GATORADE G 2 GRAPE $1.50 ! .:• G 2 FRUIT PUNCE $1.50 1,35 G ORANGE $1.50 I i G2 LEMOI�I LIME $1.50 POWERADE LEMONILIME $1.50 *1. POWERADE FRUIT PUNCH $1.50 POWERADE MTN BLAST $1.54 �I.? POWF"RADEORANGE $1.50 sI. S VITAMIN WATER $1.75 51.3t? DASANI $1.25 (, I AQUAFINA SPARKLET'TS /CYRSTGEY. WATER $1.25 $1.00 3.tr 1 TEA- CAN � ARIZONA LEMON ICE TEA 4I.50 ARIZONA PEACH TEA $1.50 €.2:5 ARIZONA RASPBERRY TEA $1.50 sl,2 ARIZONA GREEN TEA $1.50 s L2 ENI• R( ti' DIET ROCKSTAR $2. 5 0 ROCK STAR ENERGY DRINKS $2,50 RED BULL tit IyY , MONSTER REGULAR $2.50 ,�; MONSTER DIET $2,5 0 , STARBUCKS FRAPPUCCCINO LANGERS APPLE JUICE $1,75 !N, 1,X0 C: LANGERS RAN RASPBERRY $1.75 L tt LANGERS ORANGE $1.75 �1,I LANGERS PEACH/BANANA $1.75 LANGERS CRANBERRY $1.75 CAPRISUN 100 % JUICE $O.fiS Ot. _ MILK ._ LOW FAT MILK $ l .5t) CHOCOLATE MILK $1.50 CVNI AND MINTS JUICY FRUIT GUM $O.60 00 BIG RED $0.60 DOUBLEMINT GUM $0.60�..�r FOXES PEPPERMINT MINTS FOXES FIVE FLAVORS MINTS $0.60 Est. $0.60 tiI "I'S AND BARS KARS- PEAK "[ "rS _ F),S o 25A -13 HKARS B.S. GRONOLA TR. MIX KARS SALTED ALMONDS $0.85 DAVID'S SUNFLOWER SEE s0.85 KARS S WEET& kL I Y $0.85 KARS SIN - 'UWLK KERNELS $0.85 KARS CAS L'ws $0.85 CORN NUTS REGULAR $0.85 CORN NUTS LIMON $0.85 CORN NUTS PICANTE $0.85 SMOKEHOUSE ALMONDS $0.85 MR. NATURE ENERGY TRAIL MIX $0.85 NUTRI STRAWBERRY $0.85 N.V. OATS/ DARK CHOC.- $0.85 NATURE VALLEY OATS/HONEY $0.85 KASH[ CHEWY GRANOLA BARS $0.85 KASHI CRUNCHY GRANOLA 13 $0.85 ---------- $0.85 COOKIES NU'I`TER B(J'J_I'ER MINI OREOS BAG $0.85 FAMOUS AMOS SANDWICH COOKIE F. AMOS BIG BAG Cl IOC. CHIP COOKIES S0.85 BIG BAG NUTTER BUTTER so.85 BIG BAG MINI OREO 51.25 BIG BAG CHIPS AHOY ----------- $1.215 BAG MINI VANILLA COOKIES $ 1.21 _5 CHIPS AIIOY BAG --------- S1.2,15 BASIL'S ANIMAL SNACKER.S 50.85 - JKB. FUDGE STRIPE COOKIE $0.85 [GRANDMA'S FUDGE COOKIE _$0.85 GRANDMA'S MINI VANILLA COOKIES ' VAN' COOKIES LL A 6 $0.85 'J" 3 FAMOUS AMOS m CI IOC. CI C,_,OC . Cl Ilp "p 0 $0.85 8 5 CIRCUS ANIMAL COOKIES COOK' I S 0 $0.85 8 5 KNO'ITS - STRAWBERRY "B"RRY $0.85 RICE KRfSPY TREAT T "CANDYBARS $0.85 1, S LANDARD It_ $11 $1.25 SNICKERS M&M PEANUT_ -So,()o M&M PLAIN $0.90 RED VINES- $0.90 REESj-,N PEANUT E3UT I ER CUP $0.90 TWIX $0.90 MILKY WAY $0.90 $0.90 25A-14 $O, , W sft"",f) o. x o 0.80 t) 80 `'t).80 "o.so SO o., �o io 0 'S �0,810 So�so so"so T 15 So, x"; 50,,85 i.ti'5 3 MUSKETEERS $0.90 STARBURST GUMMf SOURS s0.90 SKITTLES - ORIGINAL $0.90 SKITTLES - TROPICAL $0.90 w� T SKITTLES - SOUR $0.90 BUTTERF NGER $0.90 ,ALMOND JOY $0.90 ,HEATH BAR $0.90 L SNICKER ALMOND $0.()o MILKY WAY CARAMEL $0.90 MILKY WAY $0.90 KIT KAT $0.90 M&Ms STRAW93ERRYi?NUTBUTTER $0.90 $ M &M PRETZEL $0.90 STARBURST GUMMI BURSTS $0.90 PAY DAY - i $0.90 GUMMY BEARS so.90 SOUR GUMM.1 BEARS $0.90 o . SOUR GUMNE WORMS $0.90 76-s WELCHS FRUIT SNACKS -J E, R k N A N ) SA LA%] I SACKS TRAPPER JERKY $1.50 [JACK LINKS BUFFALO CHICKEN -LfNKS $1.50 ti i , -5- JACK STEAK NUGGETS S1.50 d eye" JACK LINKS TERIYAKI STEAK NUGGETS S 1.50 JACK LINKS I< .0 MASTER PIEC F PORK NUGGETS sLio 1 5 clliFs's-sm' -'s [SNYDERS PRETZELS ITAKIS MINIS FUEGO $0.85 POPCHIPS BBQ POTATO CHIPS $0.85 POP CHIPS S.C.&O. $0.85 POP CHIPS ORIGI`NAL CLIPS $0.85 8cl 100 CAL. ASSORTED $0.85 PEPE'S PORK RINDS $0.85 PEPE'S HOT PORK RINDS $0.85 RUDOLPHS CHURROS $0.85 RUDOLPH'S CHICHARINA'- $0.85 CHEX mix �! 2,80 ACT 2 POPCORN $0.85 JOLLYTIME POP CORN, HEALTHY POP $0.85 $0.85 LSS BAKED LAYS $0.85 LSS BAKED SOUR CREAM & ONION $0.85 25A -15 R 25A -16 LSS BAKED DORITOS $0,85$`x: LSS BAKED BB LAYS $0.85 LSS BAKED CHEETOS CRUNCHY $0.85 ". LSS BAKED CHEETOS FLAMING HOT $0,85 LSS CHEETOSS CRUNCHY $0.85 LSS DORITOS $0.85' LSS COOL RANCH $0.85 LSS DORITOS CHEESEBURGER $0.85 LSS DORITOS BLAZIN BUFFALO $0.85 * , LSS FLM HOT CHEETOS $0.85 I.SS LIMON CHEETOS $0,85 LSS FRITOS REG $0.85 LSS CHILI CHEESE FRITO $0,85 LSS RUFFLES REG $0.85 „* , LSS RUFFLES CHEDDAR $0.85 LSS LAYS REG $0.85 * a LSS LAYS BBt $0.85' CHEETOS HAI3ANARO $0.85 � F LSS SUN CHIP CHEDDAR $0.85 LSS MUNCHIE CHEDDAR $0.85 LSS MUNCHIE HOT $0.85 :° SUN CHIPS GARDEN SALSA $0.85 LSS PORK SKENS $0.85 LSS POOR BOYS TGIF LSS FUNYUNS $0,85 $0.85, , LSS CHEEZE ITS $0.85 LSS WHEAT THINS CHEEZ -IT EX. IAOT & SPICY $0.85} $0.85 SUN CHIPS $0.85 TIM'S MAUI ONION $0.85 D.C. S.C. &O. CI-HPS $0.85 D.C. JALOPENPO HEAT $0.85 * , C.C. HONEY B13 CHIPS $0.85 * *: `. D.C. PEPPER &SEA SALT CHIPS C.C. SEA SALTED CHIPS $0.85 $0.85 EARTHQUAKE CHIPS $0.85 BAKED SMART MIX SUN CHIPS MI ?: $0.85 $0.85 bi; ` °.W BAKED HOT Cl IEETOS CRUNCHY $0.85 ir lor SNYDERS PRETZELES TAKIS M NIS FUEGO $0,85 $0.85 , SNIKIDDY CHEESE FRIES $0,85. . 25A -16 25A -17 EXHIBIT B Placement List 9 25A -18 Avt Inc. proposes the foliowing revenue to be paid to the city of Santa Ana Memorial Park 2 machines 30 % of the gross revenue to be paid monthly Rosita Parts 2 machines 30 % of the gross revenue to be paid monthly Santa Ana Library 2 machines 30 % of the gross revenue to be paid monthly SASC l machine 30% of the gross revenue to be paid monthly SWSC 2 machines 30 % of the gross revenue to be paid monthly SARTC 3 machines 30 % of the gross revenue to be paid monthly Santa Ana P.D 3 machines Lower Pricing No commission Santa Ana P.D. Code 7 3 machines Lower Pricing No commission Santa Ana PD l" Floor 1 machine Lower Pricing No commission Santa Ana City ball 2 machines Lower Pricing No commission Santa Ana City Yard. Bldg. l machine Lower Pricing No commission Santa Ana City Yard 2 machines 30 % of the gross revenue to be paid monthly EXHIBIT C Request for Proposal and Vendor's Proposal 10 25A -20 REQUEST FOR PROPOSALS RFP 13 -011 PRCSA TO PROVIDE BEVERAGE AND /OR SNACK VENDING SERVICES ON CITY -OWNED PROPERTIES KEY RFP DATES: Issue Date: April 11, 2013 Pre - proposal Conference: April 29, 2013 Proposal Due Date: May 13, 2013 Project Coordinator: Silvia Cuevas Management Analyst 25A -21 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be received for qualified vendors to provide beverage and/or snack vending machines and service on various City -owned properties per the attached specifications, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 26 Civic Center Plaza, Santa Ana, California, 92701 until 4:30 P.M., MONDAY, MAY 13, 2013. If further information is needed, contact Silvia Cuevas, via email at Scuevas(d,)santa- ana.org, or phone at (714) 647 -5254. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M -75 P.O. Box 1988 Santa Ana, CA 92702 Attn: Silvia Cuevas or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section 26 Civic Center Plaza, Second Floor Santa Ana, CA 92702 Attn: Silvia Cuevas It is the responsibility of the proposer to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be accepted. If further information is needed regarding proposal submission, please contact Silvia Cuevas at Scuevas(�i;santa- ana.org or phone, (714) 647 -5254. 25A -22 I. GENERAL The City is interested in entering into an agreement with a quality vendor(s) to provide healthy beverage and/or snack vending machines and services, at a reasonable price, on various City -owned properties. The City will provide access to the sites in return for a percentage of gross sales. The City of Santa Ana is strongly committed to addressing obesity and diabetes - related illnesses among Santa Ana residents. In 2006 the City adopted a Resolution to establish a policy that ensures that no less that 50 percent of the food and beverage selections offered in all vending machines located at City - owned facilities are of a healthy variety. City staff will coordinate with the vending companies to implement this policy at the various City locations. II. RFP PROCESS AND GENERAL TERMS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 13 -011 and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the vendor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Vendor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Section III. Proposal should take into consideration the evaluation criteria included in Section V and should not to exceed 20 pages; • Completed and signed Proposal Summary and Deviations from Specifications (Section VII); • Completed vendor's references sheet (Section VIII); • A resume or summary detailing vendor's qualifications, accomplishments, and membership in any professional and/or industry organizations; • Any other information the vendor may choose to submit; • Attachments A, B, and C are for reference only, but will be required after the contract is awarded to the successful vendor; • A City Revenue Proposal described in the following section "Contract Consideration" is to be included. Vendor must submit one original and eight photocopies of their proposal. 25A -23 5. RIGHTS RESERVED a. The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. b. The City reserves the right to contract with any, all, or none of the vendors who submit proposals. 6. AGREEMENT Successful vendor(s) will be required to enter into an Agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with said Agreement with any, all, or none of the vendors for a one -year period, with the option of extending the Agreement for five additional one -year terms. The selected vendor(s) will be required to assume responsibility for all services offered in their proposals. The selected vendor(s) will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. 7. SELL OR ASSIGN The successful vendor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Faxed or electronic proposals will not be accepted. 9. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Vendor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that vendor will indemnify and hold the City harmless for any failure to so conform. 10. REFERENCE TO SUCCESSFUL VENDOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the vendor(s) with whom the City enters into contract as a result of this request for proposal. 11. INQUIRIES Refer inquiries in writing via email to Silvia Cuevas at Scuevas(ctsanta- ana.org. 12. E -MAIL COMMUNICATIONS To facilitate the RFP process, vendors are required to monitor and respond to e -mail requests on a daily basis. 14. PRE- PROPOSAL CONFERENCE A pre - proposal conference will be held on Monday, April 29, 2013 at 10:00 a.m. at the Main Library, 26 Civic Center Plaza, Santa Ana, CA — Meeting Room A, second floor. Please RSVP to Silvia Cuevas (714) 647 -5254 by Friday, April 26, 2013. Proposers are strongly encouraged to attend. 3 25A -24 15. ADDENDUM Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP. 16. DISCLOSURE Any information, other than cost and price, which a vendor does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" — this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this vendor, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source. 17. FILING OF RFP PROTESTS Bidders may file a "protest" of a RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: Be filed in writing within five (5) business days of either the RFP posted date or before 5:00 p.m. of the 5t' 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; 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 Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within fourteen (14) calendar days. The protestor may then appeal the decision of the Purchasing Manager to the Assistant Finance Director within five (5) calendar days of the date of the written decision from the Purchasing Manager. The Assistant Finance Director will provide a written decision to the protestor's appeal. The decision from the Assistant Finance Director is final and no further appeals will be considered. 4 25A -25 III. PROPOSED SCOPE OF SERVICES/VENDOR RESPONSIBILITIES 1. Provide beverage and/or snack vending machines, approved locations. 2. Ensure that no less than 50 percent of the food and beverage provided in all vending machines located at City -owned facilities are of a healthy variety. 3. Provide maintenance, service and cleaning of those machines at regular intervals and/or as needed. 4. The vending operation shall be run in an efficient and courteous manner. Vending services staff member(s) shall be clean and neatly dressed, presenting a positive image for City facilities. Special consideration will be offered to bidders able to demonstrate superior customer service. 5. For the safety of the public patrons who utilize City facilities and/or maintenance concerns regarding City facilities, restrictions may be necessary including items sold, packaging, etc. The City must approve all menu items, packaging, and machines, and machine locations (or changes to the above). 6. The vendor shall obtain a business license to operate within the City of Santa Ana and maintain current liability insurance coverage. 7. The vendor(s) shall attend meetings with City staff as required. 8. The vendor(s) shall coordinate with other Agencies as required. 9. The vendor shall provide a revenue /expenditure report on a regular basis which has been mutually agreed upon by the City of Santa Ana and the vendor. 10. The vendor(s) shall provide a detailed description of estimated revenues to the City based on gross sales (see Exhibit A). The revenue to the City shall be calculated as a percentage of gross revenues. IV. RULES FOR PROPOSALS 1. The signer of the proposals 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 it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. 2. The selected vendor(s) will be expected to comply will all applicable federal, state and local regulations, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. 5 25A -26 V. EVALUATION OF PROPOSALS Proposals shall be submitted in the format as described below. Proposals will be evaluated based on the specified weighted percentages. Description of Operation (15 %) Describe how all required tasks are to be completed including vending machine installation, maintenance and service. Include proposed response time to service calls. ualifications and Experience (40% Provide a synopsis of the vendor's qualifications and past experience. Include a description of similar vending operations or agreements. The vendor shall identify a Manager and other key personnel to be assigned, their qualifications, representative experience, and their capability to explore and resolve problems. Equipment, Item Selection, and Pricing and Marketing (15% Provide a description of vending machines to be utilized in operations, including and safety and/or anti - vandalism features therein, as well as capability to provide custom machine facades that incorporate graphics provided by the City for machines at select locations; proposed menu items and pricing in detail. Revenue (30 %) The vendor shall complete Exhibit A (City Revenue Proposal) located at the end of the Request for Proposal. Extra points will be given to proposals that are able to utilize technology, printouts or some other reporting process so that City can verify gross sales. The response to this Request for Proposal should contain documentation of vendors and/or vendor's agency's credentials and expertise in this field. Substantial consideration will be given to vendors with demonstrable and documented experience in similar work. Responses will be evaluated on the basis of the qualifications, abilities, and responsiveness of the proposing vendors. An evaluation committee appointed by the Executive Director of Parks, Recreation and Community Services Agency will review the responses received. All proposals received will be fully reviewed and rated by the Evaluation Committee. The ultimate vendor selections will be based upon both business experience and projected revenue. VI. CITY RESPONSIBILITIES The City will provide the following: 1. Electricity and electrical maintenance for approved vending machines to be installed. 6 25A -27 2. Approval of sites and number and types of machines to be installed. 3. Staff liaison for communication and problem resolution. VII. PROPOSALS AND PROPOSAL FORM 1. PROPOSALS Vendor must submit a detailed proposal that addresses the specifications and should not to exceed 20 pages. Vendor must also return all requested documents with their proposal as specified in Section I1.4 of this document. Applicants are asked to use 12 point Times New Roman font. Please list any deviations from the listed specifications below. Deviations: 2. PROPOSAL FORM Responses to this Request for Proposal are due at 4:30 p.m. MONDAY, MAY 13, 2013. The undersigned Vendor agrees to provide vending machine services at City -owned properties in accordance with the specifications. I/We have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section V. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which vending machine vendor is contracted are violated. Name of Vendor (Person, Firm, Corp.) Address Address Telephone Number VIII. VENDOR'S REFERENCES Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide vending machine services in accordance with the specifications in Section III. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and /or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's vending machine operations. Customer Name: Address: Contract Amount: Reference No. 1 Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 25A -29 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: EXHIBIT A CITY REVENUE PROPOSAL INSTRUCTIONS Vendor shall complete the "Existing Sites" portion of this form, indicating the number and types of machines to be provided (beverage vs. snack) from which revenue estimate is generated and the total estimate of revenue to be generated to the City. Total annual revenue to City shall be determined as the City's share of the estimated annual sales revenue. This form will be used for City revenue comparison purposes only. EXISTING SITES E City Parks & Facility Vending Operations Address Percentage of gross monthly sales that will be paid to City (list percentage) % Estimated gross annual sales $ Estimated annual sales revenue to City based on percentage $ Total Annual Revenue to City $ PRCSA Park/Facility Sites Address Existing Machines Proposed Number/Type Of Machines Memorial Park 2102 S. Flower St. 2 1 drink and 1 snack Rosita Park and Salgado Recreation Center 706 N. Newhope St. 2 1 drink and 1 snack Santa Ana Public Library 26 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana Senior Center (SASC) 434 W. 3'd Street 1 1 cold drink/snack combo Southwest Senior Center SWSC) 2201 W. McFadden Ave. 2 1 cold drink and 1 snack Santa Ana Police Department, 60 Civic Center Plaza 1 1 cold drink EXISTING SITES (continued) Other City Agency Facility Sites Address Existing Proposed Number/Type Machines Of Machines Santa Ana Regional 1000 East Santa Ana Blvd 3 2 cold drink and 1 snack Transportation Center (SARTC) Santa Ana Police Department, 60 Civic Center Plaza 3 1 cold drink, 1 hot drink, Code 7 Cafe and 1 snack Santa Ana Police Department, 60 Civic Center Plaza 1 1 cold drink 1St Floor Santa Ana City Hall 20 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana City Yard, 220 S. Daisy Ave. 3 1 cold drink, 1 hot drink Administrative Building and 1 snack 10 25A -31 Santa Ana City Yard, 220 S. Daisy Ave. 1 1 cold drink Fleet Maintenance 11 25A -32 ATTACHMENT "A" CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 12 25A -33 ATTACHMENT "B" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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 name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured Countersigned by 13 the endorsement form as part of 25A -34 ATTACHMENT "C" SAMPLE AGREEMENT CITY OF SANTA ANA SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 by Santa Ana, a Constitution an RECITALS (hereinafter "Contractor "), and the City of charter city and municipal corporation organized and existing under the d laws of the State of California (hereinafter "City "). A. The City desires to retain a Contractor having special skill and knowledge in the field of services comparable with "high - level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high - level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Services Agreement Description /Specifications /Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " " hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 14 25A -35 3. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for five additional one -year terms in an annual amount not to exceed $ Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the 15 T1 work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 16 25A -37 7. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 17 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To 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 telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 18 r� 12. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, 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 and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and /or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " " hereto). 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and 19 I M A C 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 may, at the City's discretion, be cause for termination of this Agreement. 16. 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: Maria Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA: Kevin O'Rourke Interim City Manager CONTRACTOR: By: NAME) TITLE) Tax ID # GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency 20 25A-41 A V rl N C. IN RESPONSE TO 1 ' � f a Y - Request for proposal TO PROVIDE BEVERAGE AND /OR SNACK VENDING SERVICES ON CITY -OWNED PROPERTIES May 6, 2013 25A -42 J' b aLMy kVT Vendina Jrnnc. icy i i 1� May 6, 2013 City Of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 year City of Santa Ana, itomated Vending Technologies is pleased to provide the City of Santa Ana with a detailed current, which responds to the Request For Proposal to provide healthy beverage and /or snack machines and vices, at a reasonable prices, for the City of Santa Ana. are confident that the enclosed comprehensive package will surpass your expectations and that AVT's ng technological capabilities as a custom hardware and dispensing machine manufacturer /designer, ware developer, system integrator, vending services provider, and total Automated Retail turnkey itions provider, will guarantee the quality and integrity that is synonymous with the AVT's name and ory. W x a point of mention, AVT currently provides vending services to the City of Santa Ana, Westwood College, ty of Orange County Jails and County Facilities and therefore we have proficiency and experience in vicing these types of vending accounts and locations. tank you for your consideration and for your consideration lT )rdially,�� n Alexander of Operations T, Inc. AVT, INC. 341 Bonnie Circle Ste. 102 Corona, CA 92880 Telephone: 951.737.1057 Facsimile: 951.73 7.7646 1\ \\ \\ .L%\ l.11l� \�il�l!l�.i lull 25A-44 Ahout Us AVT has been budding vending machines and providing innovative solutions to the worldwide market for many years As an industry leader, we offer a full line of customized vending solutions, loaded with all the latest features AVT offers methods of integrating vending into today's cashless society with the industries most advanced equipment. reporting and support AVT's custom - oriented approach both increases convenience for consumers and expands use of vending machines into new applications — including retail environments. tools. safety equipment. office supplies school lunches. medical supplies, and more. The ease in winch vending machines can be. tracked with either a computer or hand held device is astonishing In today's high speed information network. we connect all the dots to make a vending business. self service kiosk, or automated retail store more successful than ever before The AVT Advantage • Unmanned retail environments help to reduce labor and expand store hours • Efficient integration of software and hardware reduces costs • Sophisticated shop robotics redefine the automated retailing experience • Digital advertising network creates new marketing opportunities • Diverse offerings open new product categories and points of distribution • Manufacturing and design expertise leads to customizable branding solutions • Proprietary technology enables owners and operators to remotely manage systems and receive real -time sales, inventory and system diagnostic information via the Internet. AVT is an extraordinary company - having seen growth in virtually every quarter since inception. The company awns several key patents that help position it as a leader in the new world of Automated Retailing. AVT began over 10 years ago as a distributor of traditional vending machines. After mastering this niche, we started the process to become a manufacturer. utilizing both in -house and outsourced production In 2008. we began the process of transforming the company from a vending manufacturer. to a pioneer in the world of self - service automated stores. We spent nearly 3 years designing proprietary and patentable technologies and systems that could out maneuver the competition by being more innovative. quicker to the market, more consumer friendly. and less expensive to produce Today AVT is a leader in the world of Automated Retailing - a business category we helped create AVT has unique and innovative methods to help business and brand owners reach new customers, expand distribution, lower costs, enhance awareness, and sell products 2417/365. Contact us for more information on how we can help you reach your goals Vending Services The following is an overview of our vending services recommendation, specifically tailored to your facility and personnel. We believe that if all your criteria are met, we will have demonstrated the qualifications necessary to achieve your total satisfaction. Reliable Equipment AVT Vending Services believes that there are certain equipment standards to which we must adhere in order to present a quality vending program to you. All AVT equipment will feature dollar bill acceptors. Please see the Tools of the Trade section for specific equipment recommendations and locations. Product Quality Our proposed equipment package will allow AVT to introduce many new products immediately and to expand the availability and convenience of many others. To ensure that the most popular products are consistently offered, we utilize customer - driven Plan -O -Grams for the glass front snack merchandiser. We will immediately introduce the following products: • Freshly prepared foods • National restaurant brands • Fat free, low fat, reduced salt, etc. snack and fresh food products • Microwaveable food entrees and sandwiches • Bottle beverages (soda, juice, tea, water) • Dual cup hot beverages • Coke and Pepsi products • Fruit juice • Gourmet hot beverages • Branded hot beverages • Premium candy and snacks Please see the Product Marketing and Merchandising section for specific product recommendations. I T O Quality Fresh Foods We have a broad variety of fresh food items that rotate through the fresh food kiosk. Ali fresh food items will prominently feature "fresh food dating" for your convenience and pleasure. Sandwiches, salads, and entrees are made using the best quality products and our own recipes. AVT Vending understands that each client is unique and requires specialized refreshments services. Our Quality Assurance team of food and safety proffesionals moniter quality and food safety practices in our culinary centers with our preffered suppliers. These products are made fresh to the brand's exact specifications and bring you the same quality and freshness without having to leave your location. Please see the Marketing and Merchandising section for specific fresh food recommendations. Outstanding Service It takes more than food and drinks to be the world's Number One Vending Company... it takes the AVT brand of service, tool We will provide regular account reviews with your vending liaison throughout the year. Our service center will provide experienced service personnel well trained in equipment maintenance. A sanitation / preventive maintenance checklist will be used to document and record the frequency and type of maintenance or repair activity performed on our equipment. AVT will also introduce a customer service telephone number that will be posted on every bank of vending machines. This will enable any associate to report equipment malfunctions, request refunds, or provide feedback of any nature. All customer service issues will be responded to within two hours of receiving the formal service call. Please see the Operating Standards section for specific service recommendations. 25A -47 ` INC- Customer Satisfaction We seek to achieve superior customer satisfaction by "doing the right things right" for you. The most important factor in our continued success is direct customer input. AVT Connect Our AVT Connect program involves an independent telephone survey of your satisfaction. Our AVT Connect representative will call you and ask seven simple questions and provide you with an opportunity to grade our service. Your responses and resolution reports are forwarded to regional and division management. Tell Me About It! AVT's exclusive Tell Me About It! Program enables us to collect input from you. Every customer may use these postage -paid cards to voice concerns, make product requests, recommend additional equipment, or to compliment our service or staff. No other vendor empowers its customers to make such a difference in their vending programs. Executional Excellence Program AVT Vending Services is committed to visiting with each client on a monthly basis. This visit is scheduled in advance and helps ensure that we are in tune with our clients' needs. After each visit, a card is filled out documenting the commitments made to you during the visit. These cards are filed by location and are used as confirmations that follow through is completed on all requests. W"11 , •� PERSONAL QUALIFICATIONS AVT has a complete staff of services including sales, marketing, equipment design/manufacturing, maintenance, software development, to support nearly 1000 vending systems currently in the field and growing. Experience of the Designated Vending Operations Manager /Account Executive Communication and Service is the key aspect at AVT. AVT's Vending Operations Managers, Supervisors, and Account Executives will help resolve any concerns, introduce new products, assure your satisfaction and keep you updated about updated about new innovations and equipment in our industry. Our Management team will meet with you on a regular basis according to your schedule to maintain an unbroken chain of communication, to ensure the best possible relationship. 1. Kim Alexander- Vice President of Operations Over 20 years of experience in the vending operations and route management. Ms. Alexander is responsible for a diversified array of tasks involving a multitude of vending operations management. Including maintaining and developing a strong customer base, Works in direct correspondence with the President and CEO. Ms. Alexander oversees all vending and route operations and personnel. Responsible for all account contracts, insurance, accounting, payroll, budgeting, hiring person#&orks directly with the State of California and many other city and county government principality's. II. Larry Weast (Vending Regional Service Manager) Mr. Weast is the Regional Manager for AVT and is responsible for tasks involving and instructing customers and employees on all types of vending equipment, scheduling movement and removal of equipment, overseeing all shop operations, technicians and AVT Service/Route Personnel Over 32 years of experience in manufacturing, vending operations, and route management. AVT, INC. 341 Bonnie Circle Ste. 102 Corona, CA 92880 Telephone: 951.737.1657 Facsimile: 951.737.7646 www.avtinconline.25A_4 9 Experience of other kev personnel and contractors assigned to the services AVT Service/Route Personnel All AVT service personnel wear AVT branded/logo uniforms, Fingerprinted and life scanned by the County Of Orange Probation Department, and are subject to Substance Abuse screening as a condition of employment. The average length of employment for AVT's personnel who directly service our accounts is about 6 years, or twice the average, which equates to consistency in the level of services you receive. All route drivers are certified through NAMA Yk Please see 11,,LIM Tram hu- exhibit Service Technicians. AVT's Service Technicians, available to you at any time, is highly qualified and trained troubleshooters who can remedy a vast array of technical problems in the field. AVT has a complete staff of services including sales, marketing, equipment design/manufacturing, maintenance, software development, food distribution, and advertising (including integrated digital signage advertising LCD display screens onto vending machines), to support our nearly 1000 vending systems currently in the field and growing. Our vending route customer service team services and fills "First in / First Out" and ensures product freshness by making routine checks on all expiration dates to assure product freshness. Our Customer Service team is trained to watch for code dates and "pull" products close to expiration and replaced with new fresh ones. All of our products are date stamped by the manufacturer as well as providing nutritional value information on each and every product. Our vending route operation team reviews daily reports, location history and machine inventory and translates this information into orders which are then placed with multiple suppliers who deliver to AVT's facility multiple times each week ensuring product availability and freshness. The greatest assurance of freshness, however, comes from working with a vendor knowledgeable in merchandising. At AVT we track what sells at your location, and how much historically sells in the interval between services, and then restock each product category accordingly. 25A -50 AWL �- rf�t�. F Rik . H.,"VV4 1 Evaluation Criteria AVT's mission is to offer superior quality of products and reliable machines, super; or delivery, maintaining fresh products as our priority. while offering the jest after - service and customer support to our clients with an eye towards assuring the highest degree of customer satisfaction. Our plan at AVT is to operate under these three simple values of Service, Quality, and Delivery. We confidently believe that with our experience, history, references, and excellent track record a great partnership can maintained and grown with the City of Santa Ana, Parks, Recreation and Community Services Agency .AVT Inc. would love to continue being your reliable vending service provider. AVT has responded to the City of Santa Ana, Parks, Recreation and Community Services Agency specific RFP points including Additional information. 1. Schedule of Service AVT's Schedule of Service can begin with at least a 2 weeks prior notice or lead -time to prepare machines, test machines, and product merchandising. 2. Description of the type of Service AVT will be providing the City of Santa Ana superior vending services for the following Memorial Park *2 machines* 30 % commission paid monthly Rosita Park and Salgado Recreation Center* 2 machines *30% commission paid monthly Santa Ana Library *2 machines* 30% commission paid monthly Santa Ana Senior Center (SASC) * 1 machine* 30% commission paid monthly Santa Ana Senior Center(SWSC) *2 machines *30% commission paid monthly Santa Ana Regional Transportation center *3 machines *30% commission paid monthly Santa Ana Police Department *3 machines *Lower Pricing* no commission Santa Ana Police Department Code 7 Cafe *3 machines *Lower Pricing* no commission Santa Ana Police Department 1" Floor -Lower Pricing* no commission Santa Ana City Hall- lower pricing *2 machines *Lower Pricing *no commission Santa Ana City Yard Admin Building* 1 machine *Lower Pricing* no commissions Santa Ana City Yard Fleet Maintenance *2 machines *30% commission paid monthly 3. AVT will guarantee it will meet the healthy foods and drinks guidelines. 50/50 balance of Healthy Snacks, snacks and Beverages, as mandated by the city. 4. Frequencies for Filling Machine with Products AVT's frequency of service and filling machines with products will be as frequent as needed, in order to maintain product freshness, stock levels, and overall general maintenance. 5. Products and Brands Product Ouality, Availability, and Freshness Just like everything else we provide, AVT believes that quality, appearance, freshness and presentation are all the major attributes to providing supreme quality and customer service. 25A -52 Overall, we believe that by giving our customers what they want will generate the greatest sales. If this is done properly, the products will move too quickly to allow them to remain in a machine past the expiration date. We order product supplies from several food and vending wholesalers which deliver several times each week. AVT has a 60,000 square foot facility in Corona California where all bulk products are stored for daily disbursement among a fleet of route personnel. Based on reports generated by our software programs, AVT route personnel arrives each morning at approximately 5:00 AM to load their fresh food products based on generated reports. Each driver has a daily route to service specific accounts within their designated geographical area to enhance customer service and efficiency. Customer Service and After - Service Hours of operation; Our hours of operations are Monday — Sunday 6:00 AM to 6:00 PM with 24 Hr. emergency technician response. Process and procedures for addressine problems (e.g., machine failed to provide consumer with selected item, etc.) AVT employs a 3 point response procedure and system for addressing problems and is as follows: Every machine has an AVT phone number for calling -in problems or systems troubles. 1. Our route drivers are trained to review system operation on every visit to any vending system. 2. This includes interfacing with location primary contact to review and report issues, problems or troubles beyond their ability to respond to. 3. They write trouble and fix -it tickets for systems needing additional technician support. Refund kit and Refund slips liven to every account contact Please see the following 2 pages. 1. Letter and given to every location 2. Refund slips to help in returning lost money immediately to the customer. AVT, INC. 341 Bonnie Circle Ste. 102 Corona, CA 92880 Telephone: 951.737.1057 Facsimile: 951.737.7646 www. avtinconline.com 25A -53 AVT, Inc. Example of: Refund Letter and Refund Slips 25A -54 INC. ?ecfirwr y In Vend ML AVT, Inc. 341 Bonnie Circle, Ste. 102 Corona, CA 92880 For your convenience we have provided a refund kit for you to use. If you have any problems with the machines not vending properly, please call me, so I can dispatch a tech out to fix the problem. Please use the money provided in this kit for any refunds that are owed. If you would fill out a refund slip for all refunds I would appreciate it. If you have any problems or questions, do not hesitate to call me. Thank you, Kim Alexander VP of Operations 951- 737 -1057 ext 321 Automated Vending Technologies 341 Bonnie Circle Ste. 102 Corona, CA 92880 Telephone: 951.737.1057 Facsimile: 951.737.7646 Bmw.avtinconline oom 25A -55 FOR VENDING MACHINE REFUND The Information Requested Will Help Us Correct The Trouble Company: Amount Lost: Date: Machine Type: Location: Which Item: (Signed): 'Ihank'You AVT, Inc. (877) 424 -3663 Toll Free (951) 737 -1057 FOR VENDING MACHINE REFUND The Information Requested Will Help Us Correct The Trouble Company: Amount Lost: Machine Type: Which Item: Date: Location: (Signed): Thank'You AVT, Inc. (877) 424 -3663 Toll Free (951) 737 -1057 FOR VENDING MACHINE REFUND The Information Requested Will Help Us Correct The Trouble Company:_ Amount Lost: Machine Type: Which Item: Date: Location: (Signed): Thank'You AVT, Inc. (877) 424 -3663 Toll Free (95I) 737 -1057 25A -56 Customer Name: Juvenile Hall Contact individual. Bridget Mack Address: 341 The City Dr. Orange, CA 92868 Phone Number: (714) 939 -4850 Contract Amount: $71,400 Year: 2004 — Present (Gross Annual Revenue Amount) Description of equipment and services provided: 4 Soda 3 Snack 1 Carousel 2 Debiteks and 2 Product Machines Reference No. 3 Customer Name: Westwood College Contact Individual: Jane Address: 1551 S. Douglass Rd. Anaheim, CA 92806 Phone Number: (714) 704 -2721 Contract Amount: $64,500 Year: 2004 — Present (Gross Annual Revenue Amount) Description of equipment and services provided: 3 Soda 2 Snack 4 Coffee and 2 Carousel Machines EXHIBIT A CITY REVENUE PROPOSAL INSTRUCTIONS Vendor shall complete the "Existing Sites" portion of this form, indicating the number and types of machines to be provided (beverage vs. snack) from which revenue estimate is generated and the total estimate of revenue. to be generated to the City. Total annual revenue to City shall be determined as the City's share of the estimated annual sales revenue. This form will be used for City revenue comparison purposes only. EXISTING SITES 25A -57 City Parks & Facility Vending Operations Address Percentage of gross monthly sales that will be paid to City (list percentage) 30% Estimated gross annual sales $60,000 Estimated annual sales revenue to City based on percentage $18,000 Total Annual Revenue to City $18,000 PRCSA Park/Facility Sites Address Existing Machines Proposed Number/Type Of Machines Memorial Park 2102 S. Flower St. 2 1 drink and 1 snack Rosita Park and Salgado Recreation Center 706 N. Newhope St. 2 1 drink and 1 snack Santa Ana Public Library 26 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana Senior Center (SASC) 434 W. 3rd Street 1 1 cold drink/snack combo Southwest Senior Center SWSC) 2201 W. McFadden Ave. 2 1 cold drink and 1 snack Santa Ana Police Department, 60 Civic Center Plaza 1 1 cold drink EXISTING SITES (continued) Other City Agency Facility Sites Address Existing Proposed Number/Type Machines Of Machines Santa Ana Regional 1000 East Santa Ana Blvd 3 2 cold drink and 1 snack Transportation Center (SARTC) Santa Ana Police Department, 60 Civic Center Plaza 3 1 cold drink, 1 hot drink, Code 7 Cafe and 1 snack Santa Ana Police Department, 60 Civic Center Plaza 1 1 cold drink 1 St Floor Santa Ana City Hall 20 Civic Center Plaza 2 1 cold drink and 1 snack Santa Ana City Yard, 220 S. Daisy Ave. 3 1 cold drink, 1 hot drink Administrative Building and 1 snack 10 Avt will guarantee it will meet the healthy foods and drink guidelines. http://www.califomigprojectlean.orp-/calculator/ All healthy items will be tagged with the fit pick labels as well as the each machine will let the consumer know that the machine meets the 35 -10 -35 Nutritional Standards See below the machine sticker as well as the item fit pick stickers or 0 This vending machine stocks Fit PickTM choices that meet the 35 -10 -35 Nutrition Standards: • less than 35% fat* • less than 10% saturated fat* • less than 35% of total weight from sugar* *nuts and seeds exluded Look for Y PIC the FIT PICK TM sticker 25A -59 0& Award shall be based upon the evaluation criteria included 'n Section V. Where there is a discrepancy between words and figures, WORDS SHALL GOVERN. The City of Santa Ana reserves the right to cancel any agreement in the event that terms under which vending machine vendor is contracted are violated. i ignature of Authorized Re AVT, Inc. Name of Vendor (Person, Firm, Corp.) 341 Bonnie Circle Suite 102 Address Corona, CA 92880 Address (951)737 -1057 Telephone Number VIII. VENDOR'S REFERENCES Natalie Russell President Name and Title (Please Print) 5/6/2013 Date (951)737 -7646 Fax Number This sheet must be completed in full and returned with vendor's proposal. List and describe fully the last three contracts performed by your firm, which demonstrate your ability to provide vending machine services in accordance with the specifications in Section III. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Also, please attach a letter or printout from vendor's insurance provider(s), current and/or prior, who have provided your business with insurance over the last three (3) years, detailing any claims that have been filed in connection with vendor's vending machine operations. Reference No. 1 Customer Name: State of California Dept. of Rehabilitation Contact Individual: Candise Clark Address: 721 Capital Mall 6 1 Fl. Sacramento, CA 95814 Phone Number: (916) 558 -5353 Contract Amount: $98,800 Year: 2012 — 2015 (Gross Annual Revenue Amount) Description of equipment and services provided: 29 Soda, 23 Snack and 5 Coffee Machines Reference No. 2 %FI�C•1�. ATTACHNI IE� - "A" CERTIFICATION OF NC'N- DISCRIMINATION IBY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to rac color, religion, sex, or national origin; that it is in compliance with all federal, state ;and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM hn TITLE OF PERSON SIGNING SIGNA DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 12 25A -61 ATTACHMENT "B" SAMPLE ADDITIONAL IN' UREKI.:' -NE-C F SEMEN? Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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 name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured Countersigned by the endorsement form as part of 13 25A -62 ATTACHMENT "C„ SAMPLE AGREEMENT CITY OF SANTA ANA SERA _,�:CES ACRTENIENT THIS AGREEMENT, made and entered into this day of , 20 by (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of services comparable with "high - level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high - level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Services Agreement Description /Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " " hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 14 25A -63 AVT, Inc. License, Permits and Insurance 25A -64 CER`31 t KATE OF LIABILITY INSURANCE DATE (MLVMYYYY) 05/3112012 HIS CaRTIFIC ATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIF'CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER 'THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. PORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to e terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the rtificate holder In lieu of such endorsemert(s). XICER Phone: (626) 30C -9000 Fax: {626) 5710-0906 W CENTURY INS SERVICES, INC. N. 2ND ST. HAMBRA CA 91801 CCMEACr NEW CENTURY INS S F_RVICES, INC. PHONE (626) 300 -9000 FAX (626) 570 -0908 A/C No E:I no 51 infoi@usnci.com PRODUCER 15724 CUSTQMER ID. INSURER(S) AFFORDING COVERAGE NAICS Agency Lic#: OB07085 RED T, INC. I BONNIE CIRCLE, SUITE 101 A & 102 IRONA, CA 92880 INSURERA , GOLDEN EAGLE INSURANCE CORP PERSONAL & ADV INJURY INSURERS : NATIONAL UNION FIRE INS COMPANY INSURER ZURICH INSURANCE COMPANY BA2442759 j I 02/22/12 02/22/13 L INSURER o: $ 2,000,000 INSURER E ; PRODUCTS - COMP/OP AGG $ 2,000,000 INSURER F $ -- $ 1,000 000 X ANY AUTO IVERAGES CERTIFICATE NUMBER: 97974 REVISION NUMBER: HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD JDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, X17-11LISIONS L%N Q (-QNQTT IONS OES[ InH PnLtC- I P- I IfidITA SHOWN MAY HAVE 13PFN RPDUrFQ BY PAID rLAIMS I TYPE OF INSURANCE AWL I IN SR SUBR' POLICY NUMBER POLICY EFF POLICY EXP M I MMr y LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE n OCCUR I CBP8283936 05131112 05/31/13 IDAMAGE70RENTED i� EACH �' $ 11000,000 MI,�,,,�(fauccurenCel � $ 500,000 MED. EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,00D,000 BA2442759 j I 02/22/12 02/22/13 L I GENERAL AGGREGATE $ 2,000,000 1 GENL AGGREGATE LIMIT APPLIES PER: POLICY � EO FLOC AuroeoeaE LIABILITY ; PRODUCTS - COMP/OP AGG $ 2,000,000 COMBINED SINGLE UNIT (Ea accident) $ -- $ 1,000 000 X ANY AUTO j BODILY INJURY (Per person) $ ALLOW NEC AUTOS I E BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS [ I PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS i I $ X UMBRELLA uaB X OCCUR ElIU014184859 11/04/11 11/04/12 s EACH OCCURRENCE $ 4,000,000 AGGREGATE Is _ 4,000,000 EXCESS LIAB� CLAIMS -MADE DEDUCTIBLE RETENTION $ 1$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED'? _� (Mandatory In MN) NIA 4007748 02/06/12 I 02/06113 I X w RY uM r OTH $ E.L. EACH ACCIDENT $ 1,000,000 I DISEASE -EA EMPLOYEE E.L. $ 1,000,000 �E.L— DISEASE -POLICY LIMIT $ 1,000,000 try " ,daaon0e under OESCRIPTION OF OPERATIONS WIDW ( ! Z"RIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) D insurer will not cancel the insured's coverage without 30 days prior written notice to the State. The State of California, its officers, ants, employees, and servants are included as additional insured, but only insofar as the operations under this Contract are icerned. :RTIFICATE HOLDER CANCELLATION Department of Rehabilitation Business Enterprises Program (BEP) Vending Machine Unit (VMU) 721 Capitol Mall, 5th Floor Sacramento, CA 95814 (116) 558 -5345 Fax (916) 558 -8347 ttentlon: The ACORD name and logo are SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I •- DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT ACCOUNTNUMBER 1/2/2008 SR EH 101- 025067 AVT VENDING, INC. 341 BONNIE CIR STE 102 CORONA, CA 92880 -2895 L IS HEREBY AUTHORIZED PURSUANT TO IIALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VAUD ONLY AT THE ABOVE ADDRESS. THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE IF YOU SELL YOUR BUSINESS OR DROP OUT OF A PARTNERSHIP, NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS. o�•° °f •o w '/A t Of C�� +� NOTICE TO PERMITTEE. You are required to obey all Federal and State laws that regulate or Control your business. This permit does not allow you to do otherwise. Not valid at any other address For general tax questions, please call our Information Center at 800 - 400 -711 S. For information on your rights, contact the Taxpayers' Rights Advocate Office at 888- 324 -2798 or 916- 324 -2798. 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INSURANCE < Back to Claim Summary Agency Code 4292993 Agency Name: NEW CENTURY INSURANCE SVS INC Summary for Claim #304746990 AVT INC Policy number: 8283936 insured Mailing Address: Effective Date: 2011105/31 AVT INC Loss Description: 341 BONNIE CIRCLE STE 102 Expiration Date: 2012/05/31 Claimant(s): CORONA, CA 92680 Date of Lose: 02!13112 Date Received: 02JI6112 Cato: REPORT DETAILS Status: Subrogration: Final Processed: Satvage: Final Processed: Total Reserve: Total Paid: Information updated as of 5/9/2013 CLOSED as of 04/13112 NONE NA NONE NA 3.00 $22,261.35 Loss location: 545 Alcoa Facility CORONA, CA Loss Description: Water ding to client's property, alleged to be caused by split tube removed by insd tech Claimant(s): MINKAGROUP Claim Rep: JOHN VIRGADAMO Supervisor: STUART SCOTT Claim Office: SAN DIEGO CLAIMS OFFICE Page 1 of 1 https:/ /agentsportal.libertymutual.com /portal /ClaimD28 Xt_t71 5/9/2013 Claim Detail WL�!!ae qymutua - 1. INSURANci, < Back to Claim Summary Agency Code: 4292993 Agency Name: NEW CENTURY INSURANCE SVS INC Summary for Claim #004248120 Information updated as of 51912013 AVTINC CORONA, CA Loss Description: 2 trucks were broken into 1 Service truck. 1 Vending route truck items were stolen Policy number: 8283936 Insured Mailing Address: AVT INC Effective Date: 201010551 AVT INC GREG DEMMON Claim Office: DENVER CLAIM SERVICE CENTER 341 BONNIE CIRCLE STE 102 Expiration Date: 2011105131 CORONA; CA 92880 Date of Loss: 11/16/10 Status: CLOSED as of 12/18110 Date Received: 11/18110 Subrogration: NONE Cat#: Final Processed; NA Salvage: NONE Final Processed: NA Total Reserve: 3.00 Total Paid: $2,910.04 REPORT DETAILS Loss location: 341 BONNIE CIRCLE SUITE 101 -A CORONA, CA Loss Description: 2 trucks were broken into 1 Service truck. 1 Vending route truck items were stolen out of trucks. Claimant(s): AVT INC Claim Rep: LAURA PHILBROOK Supervisor: GREG DEMMON Claim Office: DENVER CLAIM SERVICE CENTER Page 1 of i https : / /agentsportal.Iibertymutual.com /portal /Claim'21S in726 5/9/2013 f iV C. Tools of the Trade People buy the names they know and trust. That's why AVT vending machines feature the most popular brands of soft drinks, meats, snacks and candy. We work with our suppliers to ensure uniform quality and freshness. Inspectors audit your refreshment center periodically, checking equipment reliability, sanitation and product quality and variety. The high -tech style of our machines adds sophisticated visual appeal to any location. Inside, these machines feature advanced selection systems, state -of -the -art microprocessors, plus programmable coin and bill handling systems. The following pages describe the equipment proposed for your location. 25A -73 INC. Equipment Highlights New Sensor Technology Ensures Product Delivery Does your current vending provider offer a system that virtually eliminates misvends and ensures customers receive the desired product or their credit back? AVT does. The most influential technology to come to the vending industry in decades, an infrared transmissive sensor ensures a positive vend each time. Here's how it works: • When a customer makes a selection, the spiral rotates one full revolution. • An infrared transmissive sensor detects if the product has dropped into the delivery bin. • if the product fails to vend on the first try, the spiral will automatically make up to two additional revolutions in an attempt to vend the selection. As soon as the selection drops, the vend is complete and the spiral returns to the "home" position. • If, however, the selection still fails to vend after three attempts, the customer can make a new selection or receive a refund. Benefits: • Improves vending reliability • Re- establishes credit or refunds money • Consistent home position • Reduces service calls • Operates under any ambient lighting conditions 25A -74 vy/ Glass Front Snack Vendor These machines feature a wide variety of name -brand products such as Frito -Lay, Nestles, Hershey's, and Nabisco, not generic or off -brand products. Balanced Choices snack items are prominently displayed via AVT's unique Plan -O -Gram merchandising system. The benefits of this vendor for your facility include: • Distinctive styling provides a sleek, contemporary appearance • Convertible shelving allows for the most advantageous combination of snacks and candies • Automatic shutdown {standard feature) lets you program the machine to shut down during designated time periods • Large single serve (LSS) snacks offer a value choice, more for less Fresh Food Kiosk Our high- capacity refrigerated fresh food kiosks offer a variety of fresh food items such as sandwiches, entrees, salads, fresh fruits, yogurt and desserts made fresh daily. All items are clearly Labeled with ingredients. The benefits of this kiosk for your facility include: • All products available for purchase are viewable • Programmable for promotional giveaways • Provides quicker selection time with two -way rotation of the carousel • Huge capacity of over 200 items • For multiple shift environments, can be programmed to display fresh assortment of products for each shift • Capable of accepting $1 bills as well as $1 coins 25A -75 CV zll� Fresh Food Kiosk The Health Control Temperature Setting is a computer - monitored temperature regulation system that guarantees food safety. Our machines offer contemporary styling, greater merchandising capabilities, and reliably fresh food for your location. The benefits of this kiosk for your facility include: • Guaranteed freshness and food safety • Boosts consumer confidence in product • Maintain a full array of refrigerated products • Tightest temperature control in the industry • For multiple shift environments, can be programmed to display fresh assortment of products for each shift • Capable of accepting $1 bills as well as $1 coins • Computer - monitored temperature Merchant Six (181) Snack Vendor Features: • POP for product promotions or company information • Graphics display for easier communication • New user interface - keypad based on touch sensing technology, large keys make it easy to use • 1 -2 -3 process: money, selection, change • Factory installation of Currenza payment systems • New "OK" key to confirm selection • Ergonomic coin dispenser • SureVend for guaranteed delivery • LED option reducing service costs 25A -76 i ra c. v Multi - Beverage Vendor Ail cold beverage machines are mutti - beverage vendors, including healthy juices, soda, teas and bottled water. You can choose your preferred selections, ranging from juice to soda in any combination. Customer tastes are moving from the standard cans toward the `Bigger Better" value and convenience of recyclable plastic containers. Our machines provide you infinite price and package flexibility. The Coca -Cola Beverage Vendor The benefits of this machine for your facility include: • The availability of flavored tea, fruit juice and isotonic drinks • Prices that can be set according to value and demand • The ability to convert mix of package size to respond to demand • Nine beverage choices • Variable pricing supporting promotional pricing for new introductions • Maximize all sales in minimal space allocations Pepsi Beverage Vendor The benefits of this machine for your facility include: • Ready to drink bottled and canned iced teas, juices and Isotonics 25A -77 \U Glass Front Beverage Vendors The Glass Front Multi - Beverage Vendors offer a wide variety of carbonated and non - carbonated beverages to satisfy refreshment needs. The new clear glass front improves merchandising of the desired product so brands and packages can be found quickly and easily. With up to 45 selections possible, variety is increased while occupying less space than multiple vending machines. The Coca -Cola and Pepsi Glass Front Vendors efficiently vend thirst- quenching refreshments in a wide variety of brands and packages with convenience! Glass Front Coca -Cola Vendor This vendor offers increased variety and allows you to view the product, making it easier to choose. The benefits of this machine for your facility include: • Easy to see, easy to choose on- the -job refreshment! • Expanded variety and ability to view beverages drives usage of the vending machine • Unique elevator and conveyer delivery system makes getting a refreshing beverage fun Glass Front Pepsi Vendor This vendor combines multiple packages and prices in one machine. The benefits of this machine for your facility include: • Glass front allows customers to view product prior to selection • Increased variety with up to 45 selections • Ability to convert mix of package size to respond to customer demand • Product configuration allows for maximum space and selections W_'Iffqe� I fJ C. Can Beverage Vendor Offering the most popular name brand canned 12 oz beverages including Coca -Cola, Pepsi and other regional brands. The benefits of this vendor for your facility include: • Total 12 oz can capacity of 444 - Multi - pricing feature allows for greater variety of options • Reliable refrigeration ensures cold, refreshing drinks Frozen Food Vendor Customers will appreciate the large glass front case providing an attractive, full view of your products. This machine features frozen brands to offer your customers maximum flexibility. The benefits of this vendor for your facility include: - Versatile shelf design allows for maximum availability - Huge capacity for a wide variety of products Accepts both $1 and $5 bills Juice or Non - Carbonated Vendor The juice and isotonic vendor offers multiple selection juice and non- carbonated beverages in a wide line of packaging formats. The benefits of this beverage vendor for your facility include: • Gatorade, Dole, Snapple, Minute Maid, ethnic choices • Contoured containers provide easy handling and pouring 25A -79 Z4�N C. v� Hot Beverage Vendor All hot cup beverage vendors feature branded coffee, ensuring an individually brewed quality drink. Many machines offer a dual cup choice. The benefits of this vendor for your facility include: Individual Selection Pricing, Manual or Automatic Water, Circuit Self Cleaning, Branding Opportunity, Energy Saving Feature, Modular Cabinet Built with Corrosion Resistant 8 Rust Proflng Treatment, LCD Display, Space Saver by Compact Design, Constant Boiler Water Temperature Control • Capacity: 440 8fl oz or 500 71`1 oz Cups, 500 Stir Sticks • 6 Containers with the capacity o €: • 4.2 lbs of Freeze pried Coffee • 55lbs of Powdered Milk • 7.7lbs of Chocolate • 7.7lbs of Vanilla Ice Cream Vendor A frozen food vendor containing a wide variety of ice cream bars and other frozen desserts, as well as larger premium items such as Dove Bars. This vendor allows for multi - pricing capabilities with enhanced reliability and flexible merchandising controlled by all electronic functions. The benefits of this vendor for your facility include: • Auto Health Control provides tamper protection • Ensures quality protection by automatically maintaining a consistent freezer temperature. Vendor will discontinue dispensing products if temperature exceeds set limits Time of Day Free Vend and discounting targets product for promotion and sampling �_g�� i ca c- Condiment Stand Custom designed counter containing microwave ovens and other service equipment and supplies desired by our customers. The benefits of this stand for your facility include: • Stand holds warming equipment, condiments and utensils in an easyto- clean, convenient enclosure Microwave Oven All of AVT's microwave ovens are commercial quality, assuring your associates of safe, efficient microwave cooking. These ovens are button - programmed to our AVT's menu for ease of use. The benefits of this microwave oven for your facility include: • Patented rotating system ensuring quick, even heating • Sealed ceramic shelf, heavy - gauged painted steel wrap and cavity • Built -in thermal cut -off prevents overheating and damage Bill Changer AVT will provide you with the latest technology in coin and dollar bill changers. AVT's bill changers have a high security system protecting our customers from being short changed. The bill changer also has token capabilities and optional coin and quarter acceptance. With its slim -line design, it requires minimum space and aesthetically matches any vending bank. The benefits of this machine for your facility include: • Capable of accepting $1 and $5 bills • Dollar coin and token capability • Advanced 18 character self - diagnostic display 25A -81 echnical Features • Individual selection pricing • Stir stick dispensor • Manual or Automatic water circuit self cleaning • Branding opportunity • Energy saving feature • Modular cabinet with corrosion resistant and rust proofing treatment • LCD Display • Space saver by compact design • Constant boiler water temperature control apacity • 440 8fl oz or 500 7fl oz cups • 500 stir sticks • Coffee Grinder assembly with capacity of 6.6lbs of coffee beans :ontainers with the Capacity of: • 4.21b of Freeze Dried Coffee • 5.51b of Powdered Milk • 7.71b of Chocolate • 7.71b of Vanilla • I I lb of Sugar • 31b of Decaffinated Coffee �cifications: • Height: 72" - Width: 24" • Depth: 24" • Weight: 325LBS ctrical Services: • 1 10 - 115 VAC /IOAmps ids: • Whole Bean, Gourmet Coffees, Espresso, Cappuccino, Fresh Vanilla, Mocha, Hot Chocolate, Tea ection: • 18 Different Selections 24 in Memory Rea! Espresso Up to l8 Selections Stimulates Sales Branding Opportunity Space Saver by Compact Design Cup of Cafe VILZIICII tinai_i,, candy, ljaii b, iaan, and 111iu =11 ... Ilt�iili- 31 �• '- ■s,w f. iry ~ i A F Conveyer Delivery Programmable Speed and Tllrque _Iiminales Spirals easy io Load 10 Years Motor Warranty -asy Adjustable for Different Products and Shapes Increase up to 30% the Capacity Per Cnannei Elevator Delivery 1 Eliminates Drop Damage Naist Hight Delivery Point Prodi,et Sensor Detector Branding Opportunity Machine Features nergy saving feature ;urns off display lights dur`ng non operalkonel periods Built in step stool to facilitate loading of upper trays Conlinous salt testing. diagonosis. as well as fa lure incident report • Modwaf Cabinet built with resistant and rust proof- ing treatment • VDB Protocol with a complete accounting data sior- age and retrieval via port DEX!RS232 • LCD Display `or programming messages, product price and uachine status Greater capacity per selection for most items Dimensions: H 72 W. 31D. 37 Wetg 05 lbs R AA41.,:, r� ��D FEATURES Af 4 `(L..1 ..7 ..f f ♦ 4- 1 i t'. Powered V ooinco Contact AVT, M II�il6t : D:tt it f '• at 1.877.4241M, or visit us at svvMavf*pCO xWW. FI tlniat'. L�1 fie., I Included Features • Standard ATM style Keypad • Vend Sensing System • LED Lighting Optional Features • 7" Widescreen LCD Media Display w/ Integrated Industrial PC System • Touch Screen Vending (TSV) • Bill Acceptor by Coinco • Coin Accepto by Coinco • Fuli Color Graphics Logo Wrap • 3" Thermal Receipt Printer • Security Web Camera • Security Alarm System & More • Additional 7" Advertising Display • External USB Port Specifications: • Height: 77" • Width: 34" • Depth: 32" • Weight: 737lbs Electrical Services: • 120VAC up to 12 AMPs ( Dedicated 15 AMP - Ciruit Required) I I5V, 60Hz. I Ph. 6.9A (lends: • 1 /3HP 2.97/5.8 Amp 1 15v (refrigerated 134A) RAM 4000 .A Torahs & (.onditioos: Terms- COD; CP,EWT CORD iCr-,dO Marc Charges mil he s(Iblei? 'u an addi-ionai ) 1, on vlsd'nleiter_aId aa(i oo An:(•wan i[xprP, sal Pricing: Prices are FOB Corona, CA Warranty: 1 'Seal full Pa;u, n Labor 'Afarra Ity for 10 Domestic 5aic;. Iniem;,tion,)l Vvarraniy: i Yral Pans Oni,,, ;=;ar'an?v, p:u: AVT Repilu RPIIl:bl:f5nntera P(pCl!alil To ubra n <r WMA =Re?wm ivlr,-ho dise Au'};orization; liumber pl.ei+.c a +11 9:,t 7 J 1057 Njpi�tyc r ls, Inw.! b- pruvitIP0 W ,jr!l ;1 RNIA :'J.11T111rt. Cashless Payment Systems - Speed, Convenience, Customer Preference No Cash? No Problem! The Cashless Vending payment option enables the acceptance of credit and debit cards on your existing machines. VISA DISCOVER < Paypass ` expt'�V/ allows you to: { NP • Capitalize on America's preferred form of payment - More than 75% of adults have a debit card • Give customers the added convenience of another way to pay • Cut transaction time as much as 50% when compared to cash /coin • Increase customer satisfaction • Increase prices without losing sales • Complete multiple vends in a single transaction • Increase revenue - 43% of vend transactions greater than $3.00 were debit /credit It's the customer that counts AVT's cashless vending commenced in January _ Impsct •t 7—ft •n W--W" 2007 with 50 clients. According m. to survey data, there has been Z > > yi z a measurable positive financial (see impact graph). In addition, p g P a N. based upon direct client �� •�` ��: feedback, this amenity enhances T v the overall service level and increases customer satisfaction. :.:. Following is a sample of client responses to survey questions: "Employees are very happy with cashless vending because hardly anyone carries cash anymore." "Customers purchase more vended products because of the convenience." "Employees use vending more, therefore creating increased revenue." "(There are) not as many requests for refunds." W"Iffee][061, AVT, Inc. Custom Graphics for a few of our Clients 25A -87 S 5A-88 0 qw �.r, •rj err Y F „p fir 25A -90 Y 25A -90 / \{ a ,jw! � � .� � .� .7 50 R�syy«m2•' d«», ,jw! � � .� � .� .7 50 DESCRIPTION OF OPERATION W ML Vending Machine Installation Locations The first step in the vending machine installation process is to determine how many snack and beverage machines are needed and what sizes fit best for the space and demand. We measure not just the space where the vending machines will be installed, but all along the installation route as well. Hallways and doors and loading docks can all present challenges to our move crew Product Mix After fully understanding the type of consumers that will use a particular vending machine and taking into account any specific requests, we put together a plan for the beverage vending machines and snack vending machines to maximize customer satisfaction in terms of variety and product demands. We also monitor sales to make adjustments where needed. Movin$ In All of our equipment moves are scheduled in advance so that our clients know when to expect us for the installation of their vending machines. Our move crew has years of experience installing vending machines and they are dedicated only to the installation process - they know how to maneuver machines through tight spaces and set everything up correctly. Additionally, we bring floor coverings where needed and pride ourselves in leaving no trace behind- except for the newly installed vending machines Prepping Machines All vending machines are thoroughly inspected and prepped before they leave our warehouse for installation. We carefully set up the spirals and prices in our snack machines and the spacers, labels, and pricing for the beverage machines. We also spend extra time to assure that the machine has the right change tubes, that all the labels are correct, that all the selections work well, and that the vending machine is clean and working inside and out from compressors to light bulbs a► . •�a Partnering for Success At AVT Inc., we view our working relationship with our clients as a partnership where we both work together to serve the customer. Avt Inc.'s Role • Provide our clients with vending machines • Keep vending machines clean • Assure vending machines are filled • Keep machine down -time to a minimum • Provide optimal mix of products • Provide accurate reporting • Follow client guidelines • Efficiently refund any lost money The Client's Role • Provide a common area with an electrical outlet for machines • Allow AVT Inc. time and facility access, including badges if needed, to efficiently install and service machines • Provide feedback re: service and products 25A -94 Service calls Avt will respond to all service calls within a 24 hour period. We will make every effort to dispatch a AVT Inc. technician to the location the same day Maintenance Program As part of AVT's maintenance program, AVT's route personnel are trained to review system operations, perform custodial maintenance such as: cleaning exterior glass and machine, interior machine cleaning, and overall required custodial maintenance. Due to the fact that our route Supervisors do perform periodic site checks on our route driver's service locations, will always ensure that your machines will be well kept, maintained, stocked, and free any graffiti and/or debris. All drivers must place meter reading into their handheld computers each time they service a machine. The meters are uploaded to a Compuvend System and the system will not allow fills or servicing without this meter data first. If there are any shortages or overages the machines are flagged and the Operations manager or AVT Service tech will visit the location. Once at the location the service tech will report a correct meter reading to the Operations department. The correct meter will be placed in the Compuvend program with date, time and supervision notes. Driver will be brought into office and given warning. If shortages happen again he or she will be terminated. 25A -95 AVT, Inc. Product Listing and Pricing Detail AVT, Inc. Products will vary from time to time Current Product Listing All machines will be compliant with the healthy snack and drink policy adapted by the City Of Santa Ana. AVT uses Project lean nutrition calculator www.californiaprojectlean.org Parks, Library sRTc,city Yard prices for locations with a 30% commission paidots ASanje AnaCity f6lf and Santa [rx� Police i?rt Uo vir gimmg fBi'I�oti 61tifiV 0�.. ITEM PRICE ZI CANS PEPSI $0.80 $Q DT PEPSI $0.80; _ MUG ROOT BEER $0.80 . ..... ' MOUNTAIN DEW $0.80 0 ' WILD CHERRY PEPSI $0.80 7 LIPTON BRISK $0.800 SQUIRT $0.800.' COKE $0.80 $0 75 DT COKE $0.80 $0,75 ' FANTA ORANGE $0.80 SPRITE $0.80 $01-75 CACTUS COOLER $0.80 $0 75 NESTEA ICED TEA W /LEMON $0.80 $0.75 DR. PEPPER $0.80 $0.75 DT DR PEPPER $0.80 $0.75 CHERRY COKE $0.80 $0.75 COKE ZERO $0.80 $0.75 LIPTON RASP TEA $0.80 $0.75 DT 7 -UP $0.80 $0.75 CHERRY COKE ZERO $0.80 $0.75 7 UP $0.80 $0.75 25A -97 GRAPE $0.80 $0.75 ROOT BEER $0.80 $0.75 ORANGE $0.80 $0.75 TWIST $0.80 $0.75 BOTTLES LIFE WATER BLACK &BLUE BERRY $1.75 $1,50 LIFE WATERFUR APPLE PEAR. $1.75 LIFE WATER ACAI FRUIT PUNCH $1.75 LIFE WATEREGRANATE CHERRY $1.75 $1 56 SPRITE $1.50 PEPSI $1.50 DIET PEPSI $1.50 $1R;3 MOUNTAIN DEW WILD CHERRY PEPSI $1.50: $1.50 LIPTON BRISK $1.50 TROP PINK LEMONADE $1.50 a DIET MTN DEW $1.50,15`: SQUIRT $1.50 $,:3 BRISK FRUIT PUNCH $1.50 $� TROP LEMONADE $1.50 $ SIERRA MIST $1.50 DT SIERRA MIST $1.50 COKE $1.50 DIET COKE $1.50 1 COKE ZERO $1.50 CHERRY COKE ZERO $1.50 $1 ' NESTEA ICED TEA W /LEMON $1.50 $1.5 PEPSI MAX $1.50 ORANGE CRUSH $1.50 $1 35 CHERRY CRUSH $1.50 $1 35 GRAPE CRUSH $1.50 $1,35 DR. PEPPER $1.50 DIET DR. PEPPER $1.50 $135, LIPTON ICE TEA/ LEMON $1.50 $1 35 CHERRY COKE $1.50 $1.3 5 CACTUS COOLER $1.50 $1.35 LIPTON GREEN TEA $1.50 $135 GATORADE ORANGE $1.50 $1.35 GATORADE LEMON /LIME $1.50 $1.35 GATORADE COOL BLUE $1.50 $1.35 GATORADE GLACIER FREEZE $1.50 $1.3 5 GATORADE FRUIT PUNCH $1.50 $1.35 GATORADE G 2 GRAPE $1.50 $1.35 G 2 FRUIT PUNCE $1.50 $1.35 G ORANGE $1.50 $1.35 G2 LEMON LIME $1.50 $1.35. POWERADE LEMON /LIME $1.50 POWERADE FRUIT PUNCH $1.50 $1,35 POWERADE MTN BLAST $1.501 3 POWERADE ORANGE $1.50 1 3 VITAMIN WATER $1.75 X SO DASANI $1.251 AQUAFINA $1.25 SPARKLETTS /CYRSTGEY. WATER $1.00 TEA-CAN ARIZONA LEMON ICE TEA $1.50 ARIZONA PEACH TEA $1.50 �►1 ARIZONA RASPBERRY TEA $1.50 , ARIZONA GREEN TEA $1.50 $15,, ENERGY DIET ROCKSTAR $2.50 $2r , ROCK STAR ENERGY DRINKS $2.50 ; RED BULL $2,50 MONSTER - REGULAR $2.50 MONSTER - DIET $2.50 STARBUCKS FRAPPUCCCINO $2,50 JUICE LANGERS APPLE JUICE $1.751 5. LANGERS CRAN RASPBERRY $1.751 ,Sp: LANGERS ORANGE $1.75 $, . LANGERS PEACH /BANANA $1.75 $ IQ LANGERS CRANBERRY $1.75 $1,0 CAPRISUN 100 % JUICE $0.65 $0,50 MILK LOW FAT MILK $1.50 $1.35 CHOCOLATE MILK $1.50 $1.33 GUM AND MINTS JUICY FRUIT GUM $0.60 $0.50 BIG RED $0.60 $0.50 DOUBLEMINT GUM $0.60 $0.50 FOXES PEPPERMINT MINTS $0.60 $0.50 FOXES FIVE FLAVORS MINTS $0.60 $0.50 NUTS AND BARS KARS- PEANUTS $0.85 $0.80 lWeTel KARS B.S. GRONOLA TR. MIX $0.85 $0.80 KARS SALTED ALMONDS $0.85 $0.80 DAVID'S SUNFLOWER SEEDS $0.85 $0.80 KARS SWEET & SALTY $0.85 $0.80 KARS SUNFLOWER KERNELS $0.85 $0.80 KARS CASHEWS $0.85 $04.0 CORN NUTS REGULAR $0.85 $0;80 CORN NUTS LIMON $0.850 80 ; CORN NUTS PICANTE $0.85 ${I $p SMOKEHOUSE ALMONDS $0.85 MR. NATURE ENERGY TRAIL MIX $0.85 NUTRI STRAWBERRY $0.85 $0 8Q N.V. OATS/ DARK CHOC. BAR $0.85xA NATURE VALLEY OATS/HONEY $0.85 $0 KASHI CHEWY GRANOLA BARS $0.85 KASHI CRUNCHY GRANOLA BAR $0.85 $0 .$0 COOKIES NUTTER BUTTER $0.85 MINI OREOS BAG $0.85 FAMOUS AMOS SANDWICH COOKIE $0.85 s. F. AMOS BIG BAG CHOC. CHIP COOKIES $0.85 BIG BAG NUTTER BUTTER $1.25 ,$ BIG BAG MINI OREO $1.25 BIG BAG CHIPS AHOY $1.25 $Q $ BAG MINI VANILLA COOKIES $1.25 CHIPS AHOY BAG $0.85 BASIL'S ANIMAL SNACKERS $0.85 $0 &Q KB. FUDGE STRIPE COOKIE $0.85 GRANDMA'S FUDGE COOKIE $0.85 $0.80 GRANDMA'S MINI VANILLA COOKIES $0.85 FAMOUS AMOS - CHOC. CHIP $0.85 CIRCUS ANIMAL COOKIES $0.85 KNOTTS - STRAWBERRY $0.85 RICE KRISPY TREAT $1.25 $1.15 CANDY- STANDARD CANDY BARS SNICKERS $0.90 $0.85 M &M PEANUT $0.90 $0.85 M &M PLAIN $0.90 $0.85 RED VINES $0.90 $0.85 REESE'S PEANUT BUTTER CUP $0.90 $0.85 TWIX $0.90 $0.85 MILKY WAY $0.90 $0.85 3 MUSKETEERS $0.90 $0.85 STARBURST GUMMI SOURS $0.90 $0.85 SKITTLES - ORIGINAL $0.90 $0.85 SKITTLES - TROPICAL $0.90 $0.85 SKITTLES - SOUR $0.90 $0.85 BUTTERFINGER $0.90 $085. ALMOND JOY $0.90 HEATH BAR $0,90 SNICKER ALMOND $0.90 $0 MILKY WAY CARAMEL $0.90 MILKY WAY $0.90 $0 $5 KIT KAT $0.90 M &Ms STRAWBERRY/PNUTBUTTER $0.90 M &M PRETZEL $0.90 STARBURST GUMMI BURSTS $0.90 PAY DAY $0.90 GUMMY BEARS $0.90 SOUR GUMMI BEARS $0.90 SOUR GUMMI WORMS $0.90 $0 8 WELCHS FRUIT SNACKS $0.90 $0 8 JERKY AND SALAMI SNACKS TRAPPER JERKY $1.50 JACK LINKS BUFFALO CHICKEN $1.50 $1,3 JACK LINKS STEAK NUGGETS $1.50 JACK LINKS TERIYAKI STEAK NUGGETS $1.50 JACK LINKS KC MASTER PIECE PORK NUGGETS $1.50 CHIPS /SNACKS SNYDERS PRETZELS $0.85 WE TAKIS MINIS FUEGO $0.85 $0.80, POPCHIPS BBQ POTATO CHIPS $0.85 $0.8`0: POP CHIPS S.C. &O. $0.85 POP CHIPS ORIGINAL CHIPS $0.85 $0.86 100 CAL. ASSORTED $0.85 $0 80 PEPE'S PORK RINDS $0.85 $0.80 PEPE'S HOT PORK RINDS $0.85 RUDOLPH'S CHURROS $0.85 $0.80 RUDOLPH'S CHICHARINA $0.85 $0.80. CHEX MIX $0.85 $0.80 ACT 2 POPCORN $0.85 $0.80 JOLLYTIME POP CORN, HEALTHY POP $0.85 $0.80 LSS BAKED LAYS $0.85 $0.80 LSS BAKED SOUR CREAM & ONION $0.85 $0.80 25A -101 LSS BAKED DORITOS $0.85 $0.80 LSS BAKED BBQ LAYS $0.85 $0.80 LSS BAKED CHEETOS CRUNCHY $0.85 $0.80 LSS BAKED CHEETOS FLAMING HOT $0.85 $0.80 LSS CHEETOS CRUNCHY $0.85 $0:80 LSS DORITOS $0.85 SOP LSS COOL RANCH $0.85 0 $0 LSS DORITOS CHEESEBURGER $0.85 LSS DORITOS BLAZIN BUFFALO $0.85 _:.. LSS FLM HOT CHEETOS $0.85Q?;_ LSS LIMON CHEETOS $0.85 LSS FRITOS REG $0.85 0, LSS CHILI CHEESE FRITO $0.85 LSS RUFFLES REG $0.85 LSS RUFFLES CHEDDAR $0.85 LSS LAYS REG $0.85 ,•,r .. , LSS LAYS BBQ $0.85 CHEETOS HABANARO $0.85 ' LSS SUN CHIP CHEDDAR $0.85 Q ` LSS MUNCHIE CHEDDAR $0.85 LSS MUNCHIE HOT $0.85 SUN CHIPS GARDEN SALSA $0.85sr LSS PORK SKINS $0.85 LSS POOR BOYS TGIF $0.85 LSS FUNYUNS $0.85 LSS CHEEZE ITS $0.85 LSS WHEAT THINS $0.85 CHEEZ -IT EX. HOT & SPICY $0.850('` SUN CHIPS $0.85 TIM'S MAUI ONION $0.850 D.C. S.C. &O. CHIPS $0.850 80 D.C. JALOPENPO HEAT $0.85 $0 80 C.C. HONEY BBQ CHIPS $0.85 D.C. PEPPER &SEA SALT CHIPS $0.85 $0 $0 C.C. SEA SALTED CHIPS $0.85 0.94 EARTHQUAKE CHIPS $0.85 $0.80 BAKED SMART MIX $0.85 $0.80 SUN CHIPS MIX $0.85 $0.80 BAKED HOT CHEETOS CRUNCHY $0.85 $0.80 SNYDERS PRETZELES $0.85 $0.80 TAKIS MINIS FUEGO $0.85 $0.80 SNIKIDDY CHEESE FRIES $0.85 $0.80 25A -102 SNIKIDDY NACHO CHEESE PUFFS $0.85 $0.80 CHEX MIX $0.85 $0.80 GARDETTO'S $0.85 $0.80 PASTRY CRUMB DONUT $1.25 . $1.15 HONEY BUN $1.25 $145, POWERED DONUT GEMS $1.25 CHOCOLATE DONUT GEMS $1.25 S ZINGER $1.25 SUZY Q $1.25 $1 STREUSEL CAKE $1.25 CHOCOLATE CUPCAKE $1.251 15; NEMO CRUMB CAKE $1.251 L NEMO CARROT CAKE $1.25"' C.H. CHEESE ROUND DANISH $1.25 i 1 BIG BEAR CLAW $1.25 TEXAS CINN. ROLLS $1.25 C.H. CHOCOLATE DONUTS 36/4 oz. $1.25 C.H.GLAZED HONEY BUNS $1.25 POPTARTS - STRAWBERRY $1.25 $1 f5 POPTARTS - BROWN SUGAR CINNAMON $1.25 DAVES MUFFINS $1.25 25A -103 Technology AVT Vending Management Systems The Vending Management System provides complete control of inventory and cash. • Sales and product movement are tracked for every machine service. • Detailed inventories are maintained for every machine, route truck and warehouse, including historical information on sales, purchasing, and product usage. • Comprehensive commission and sales tax calculations are provided when you need them. • The system's extensive reporting capabilities provide accountability and profitability profiles for all your employees, locations, and machines. We also receive information on route service efficiency and productivity, product merchandising, product pricing and tracking of product sale and damages (stales). Inventory Control Record every purchase as it is received into your warehouse, including cost and vendor information; then follow each product as it is issued to an employee's truck/storeroom inventory and later put into a machine. Cash Control The cash collected from each machine is compared to product sales and to meter readings to calculate over /short values. Cash Master coin- counter interface programs are available for all popular coin sorters, automating the process of merging the money counted for each machine with the appropriate service information. 25A -104 EXHIBIT D ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by 11 25A -105 Authorized Representative aLA1511ro, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AGREEMENTS WITH LEISURE CLASS INSTRUCTORS IK;4-7) ITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Martin Torres for Karate Do Kai instructions for a two -year term in the amount of $30,000 per year, subject to non - substantive changes approved by the City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Choc Le for Tae Kwon Do instructions for a two -year term in the amount of $30,000 per year, subject to non - substantive changes approved by the City Attorney. 3. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Melina Herrera for Care Bear Academy instructions for a two -year term in the amount of $30,000 per year, subject to non - substantive changes approved by the City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency Leisure Services Program offers low -cost courses and activities to Santa Ana residents in the areas of Music and Dance, Arts, Nature and Science, Equestrian and Aquatics, Sports, and other special interests. The quarterly Leisure Class brochure has been instrumental in increasing the number of students registering for many classes. Since last summer, the Parks, Recreation, and Community Services Agency has expanded the Leisure Services Program to include 127 new recreational and educational classes. 25B -1 Leisure Class Agreements June 17, 2013 Page 2 Martin Torres has been providing Karate Do Kai instruction for our Leisure Class Program since October 2003. Mr. Torres currently offers five classes for ages four years old to adult, four days a week. He is averaging over 40 students per class. Karate Do Kai is a Japanese style martial arts class that develops one's self - discipline, physical and mental attributes. Karate Do Kai encourages children to become better students, teaches respect for one another, and encourages children to make better decisions. This agreement will provide $30,000 of programming annually from July 1, 2013 through June 30, 2015. Choc Le has been providing Tae Kwon Do classes for our Leisure Class Program since December 2000. Mr. Le provides four hours of instruction per week, with over 100 participants of all ages. Classes are offered for beginner, intermediate, and advanced level for children and adults. This ancient martial art develops self- defense techniques and skills that increase physical fitness, motivation, and self esteem. This new agreement will provide $30,000 of programming annually from July 1, 2013 through June 30, 2015. Melina Herrera has been providing Care Bear Academy instruction for our Leisure Class Program since February 2011. Ms. Herrera currently offers two classes for ages four to five years old, four days a week. She is averaging over 25 students per class. Care Bear Academy is a program to get children ready for kindergarten through group play, art and crafts, social skills in a classroom setting. This agreement will provide $30,000 of programming annually from July 1, 2013 through June 30, 2015. The Leisure Services Program is a revenue - generating program that uses registration fees to pay for instructors and supplies. The number of leisure classes and the number of class registrations has increased significantly this fiscal year. FISCAL IMPACT Funds for this item are available in the Recreation Contract Services account (no 01113230 62300). Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Ac�� 3!iXz a �, , �� _Z_, � Francisco Gutierrez Executive Director Finance & Management Services Agency d1.� RECREATION SERVICES AGREEX1ENT THIS AGREEMENT made and entered into this 0 day of July 2013, by and between Martin Torres (hereinafter "Provider ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to conduct Martial Arts techniques for youth in its leisure class program. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. 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 Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. CONIPEtiSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Provider shall receive one hundred percent (100 %) of the total fees collected each month at Logan Center. Revenue from this class to Provider shall not exceed $30,000 annually. Payment to Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall be for a two (2) year period, commencing on July 1, 2013 and terminating on June 30, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employers social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSliRANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider'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 51,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City, and (e) contain standard separation of insured(s provisions. b. Worker's Compensation insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than S 1,000,000 per accident. c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least S 1,000,000. Provider will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. d. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (1) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) 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. e. If Provider 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 ten-ninate this Agreement. Such termination shall not afTect Provider's right to be paid for its 25B -4 tune and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees. Providers, special counsel, and representatives from liability, for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. COItiFL,ICT OF INTEREST Provider 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. 8. LIVE SCAN BACKGROUND CHECK Providers in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Anna 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 25B -5 Santa Ana, California 42702 Telefacsimile (714) 571 -4211 To Provider: Martin Torres 12692 Rancho Wav Garden Grove, CA 9284' ) A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail; duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 Provider. 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 Provider 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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 w=ithout the City's prior written consent shall be considered null and void. 12. TER1<IINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Termination or cancellation of classes by the Provider must be given to the City at least thirty (30) days prior to termination cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk. 13. DISCRIMINATION Provider 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 4 I employment related activities. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall he determined and governed by the laws of the State of California. Both parties further agree that Orange County, California. shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. LICENSES Provider 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. 16. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25B -7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZ AR Clerk of the Council APPROVED AS TO FOIUNI: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney Ri COMNIEN"DED FOR APPROVAL: GERARDO MOUET Executive Director of Parks, Recreation and Community Services R, CITY OF SA:NITA ANA KEVIN O'ROURKE Interim City Manager PROVIDER MARTIN TORRES 96� Exhibit A SCOPE OF SERVICES — Martin 'Torres — Martial Arts A. Provider shall conduct Martial Arts techniques for children aged 4 -15 years old. B. Baby Karate Do Kai class will consist of monthly session, held 2 days per week, I hour per day- $30 /per month session. C. Beginning, Advance Karate Do Kai for ages 7 -12 year olds, class will consist of monthly session, held 2 days per week, I hour per day- $30/per monthly session. D. Beginning, Advance Karate Do Kai for ages 12 years old & up, class will consist of monthly session, held 2 days per week, 1 hour per day - S30 1per monthly session. E. All Levels Karate Do Kai for ages 5 -15 years old & up, class will consist of monthly session, held 2 days per week, I hour per day $30 /per monthly session. F. All Levels Karate Do Kai for ages 5 years old &. up, class will consist of monthly session, held 2 days per week, I hour per day- S30 /per monthly session. G. All Levels Karate Do Kai for ages 5 -15 years old, class will consist of monthly session, held 2 days per week, I hour per day- 520!per monthly session. H. Provider will provide and be responsible for equipment, records, and personnel and cleanup of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 1. If Provider allows others to teach his/her class, those teachers must be over 2l; have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. Black -belt rated students may warm up beginning students, however, Provider trust be present at all times. CLASS SIZE REGISTRATION 1. The minimum number or participants is 5 per class, the maximum is 45. 2. No registration will be accepted after the second week of classes. 3. In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation. FEES 1. Each participant shall pay a $20.00/$30.00 class registration fee per monthly session. Anticipated class revenue not to exceed $30,000.00 annually over a two (2) year period. 2. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. 3. the City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. 4. Provider shall receive seventy percent (70 %) of the total fees collected each month. City and Provider agree that City shall retain thirty percent (30 %) of the fees collected as an administration fee. 5. Provider shall receive one hundred percent (100 %) of the total fees collected each month at Logan Center I � � 6. Provider agrees that City is entitled to audit Provider's records and classes to insure compliance with this Aarcement. 7. Provider may not waive class participationlregistration fees. g. City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. RECREATION SERVICES AGREEMENT THIS AGREEMENT made and entered into this I" day of July, 2013, by and between Choc Le (hereinafter "Provider ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to provide Tae Kwon Do instruction in its leisure class prom. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70 %) of all gross revenue received from program participants. Revenue from this class to Provider shall not exceed 530,000 annually. Payment to Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall be for a two (2) year period, commencing on July 1, 2013 and terminating on June 30, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services, Provider 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 nixes. 25B -11 S. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider'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 S 1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s), (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance, In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $ 1,000,000 per accident. c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. d. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) 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. e. If Provider 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25B -12 6. INDEMNIFICATION Provider agrees to and shall indernnify and hold harmless the City, its officers, agents, employees, Providers, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider 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. S. LIVE SCAN BACKGROUND CHECK Providers in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice. tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 3 a 25B -13 To Provider: Choc Le 4 Fabriano Irvine, CA 92620 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deerned to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 Provider. The parties agree that anv 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 Provider 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days' written notice of termination. Termination or cancellation of classes by the Provider must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk. 13. DISCRIMI NATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 4 25B -14 14. .JURISDICTION - VENUE *11is Agreement has been executed and delivered in the State of California and the validity, interpretation, perfonnance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or -arise out of, in connection with or by reason of this Agreement. 15. LICENSES Provider 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. lb. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25B -15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. I UIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Hy: Lisa Storck Assistant City Attorney RECOWNIENDED FOR APPROVAL: GERARDO MOUET Executive Director of Parks, Recreation and Community Services I 6 CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager PROVIDER CHOC LE EXHIBIT A SCOPE OF SERVICES - Choe Le Tae Kwon Do A. Provider will instruct students in martial arts techniques with an emphasis on Tae Kwon Do. Classes shall be offered for beginner, intermediate and advanced level children and adults. ~ B. Provider and City will mutually agree to the day, times and location of the classes, and holidays to be observed. The City reserves the right to preempt any class as City deems necessary. Thirty (30) days' notice of such change will be provided, if possible. Instructor may reschedule any class which is preempted. C. Provider will provide and be responsible for equipment, records, personnel and cleanup of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. D. If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. Black -belt rated students may warm up beginning students, however, Provider must be present at all times. CLASS SIZE REGISTRATION F The minimum number of participants is 10 per class, the maximum is 134. 2. No registration will be accepted after the second week of classes. 3. In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be cancelled. Provider will be under no obligation to provide services and the City will have no obligation to compensate Provider. FEES 1. Each participant shall pay a 520.00 class registration fee per monthly session. 2. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. 3. The City shall collect registration fees from each participant during the registration period. Provider shall not collect fees, but shall refer all interested participants to City for registration. 4. Provider shall receive seventy percent (70 %) of the total fees collected each month. City and Provider agree that City shall retain thirty percent (30 %) of the fees collected as an administration fee. 5. Provider agrees that City is entitled to audit Provider's records and classes to ensure compliance with this Agreement. 6. Provider may not waive class participation/registration fees. 7. City shall prepare class rosters and provide a copy to Provider. Only registered participants may participate in class. 25B -17 25B -18 RECREATION SERVICES AGREEMENT THIS AGREEMENT made and entered into this 1st day of July, 2013, by and between Melina Herrera (hereinafter "Provider "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain an instructor to provide instruction in its leisure class program. B. Provider represents that Provider is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. 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 Provider shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay Provider eighty percent (80 %) of all gross revenue received from program participants. Revenue from this class to Provider shall not exceed $30,000 annually. Payment to Provider shall be made within fifteen (15) days following completion of each class. 3. TERM This Agreement shall be for a two (2) year period, commencing on July 1, 2013 and terminating on June 30, 2015, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Provider 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 manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider 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. 256-19 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider 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, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Sexual Abuse & Molestation Insurance Coverage. To maintain a safe environment, the Provider must provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. d. The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (ii) 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. e. If Provider 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 Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25b-20 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider 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. 8. LIVE SCAN BACKGROUND CHECK Providers in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Scan electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571 -4211 256-21 To Provider: Melina Herrera 17 Calabria Street Irvine, CA 92712 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, 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 Provider. 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 Provider nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall pay City all compensation due prior to receipt of such notice of termination. 13. DISCRIMINATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25B -22 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. LICENSES Provider 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. 16. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25B -23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager RECOMMENDED FOR APPROVAL: PROVIDER GERARDO MOUET Executive Director of PRCSA Melina Herrera 256-24 EXHIBIT A SCOPE OF SERVICES — MELINA HERRERA 1) CARE BEARS EARLY STEPS classes will be 4 days a week, 3 hours of class conducted in 12 -week sessions. 2) The class is $100.00 per month per participant. No refunds shall be made to participants unless the class is cancelled as set forth in Section 4, below. Anticipated class revenue not to exceed $30,000 annually. 3) The minimum number of registered and paid participants is 11 children per class. The maximum is 20. 4) In the event the minimum number of enrollees is not realized by the first class, the class may be cancelled by mutual agreement of Provider and City. In such event, no compensation shall be owed Provider. 5) City shall register and collect fees from each participant in the class during the period of registration. City shall pay Provider eighty percent (80 %) of the total fees collected each month. City shall retain twenty (20 %) of the fees collected as an administrative fee. 6) City shall be entitled to audit Provider's records to ensure compliance with this Agreement. Only registered and paid participants may participate in class. 7) Program location will be at Memorial Center and El Salvador Center. 8) Provider will provide and be responsible for equipment, records, and personnel and clean up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction. 9) If Provider allows others to teach class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instructor and insurance requirements. 256-25 I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AGREEMENT RENEWAL WITH ORANGE COUNTY MAILBOXES FOR DOWNTOWN GENERAL MAINTENANCE SERVICES AND GUARDRAIL, BOLLARD, AND CHAIN -LINK FENC EPAIR CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a renewal agreement with Orange County Contractors Services dba Orange County Mailboxes and Construction to provide general maintenance services in the Downtown Santa Ana area, as well as citywide repair to guardrails, chain -link fences, and traffic bollards for an amount not to exceed $55,000 through June 30, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The above recommended action is intended to allow the City to benefit from the option to extend for a final one -year renewal. The contractor has agreed to cap costs at Fiscal Year 2012/13 rates. During Fiscal Year 2013/14, staff will complete a Request for Proposals process to solicit proposals from qualified service providers. The City is responsible for maintaining public safety and reducing liability on approximately 400 miles of streets. To ensure a functional environment and minimize safety hazards, the City maintains its Downtown area by providing general maintenance services for all public areas covering streets, sidewalks, and parking, as well as repairs to bollards and pavements, and electrical and plumbing repairs on a call -out basis. Contract services are necessary to assist with the repair of City -owned guardrails, permanent chain -link fencing, block walls, and traffic bollards. On April 12, 2010, the City entered into an agreement with Orange County Mailboxes and Construction to provide general maintenance support services. An amendment on April 18, 2011, added Downtown general construction services and an option to extend the agreement for two additional one -year periods. A subsequent amendment approved on July 2, 2012, extended the agreement into one of the renewal periods. 25C -1 Agreement Renewal with Orange County Mailboxes June 17, 2013 Page 2 Orange County Mailboxes and Construction has been diligent in addressing its work plan in detail, and its work in the Downtown area has exceeded acceptable levels of maintenance. The vendor has agreed to continue its services and renew the contract with no increase in pricing. Staff recommends approval of the final renewal to accommodate the need for continued maintenance services in the Downtown area and provide citywide repair of guardrails, permanent chain -link fencing, block walls, and traffic bollards. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Parking Meter, Downtown Maintenance, and Public Works Roadway Markings & Signs Contract Services- Professional accounts (02718860- 62300, 40718842- 62300, and 01117625-62300). Raul Godinez II, P.E. Executive Director Public Works Agency _Sandra D. Gottlieb -' Acting Executive Director Community Development Agency Exhibit: 1. Agreement Renewal APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Orange County Contractors Services dba Orange County Mailboxes and Construction, a sole ownership entity ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement N- 2010 -037, dated April 12, 2010, (hereinafter "said Agreement ") by which Contractor has provided general construction maintenance services. B. Said Agreement was amended on April 18, 2011, and again on July 2, 2012, to extend the term and add compensation to pay for general construction services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties again desire to amend said Agreement to extend the term and increase compensation to pay for the provisions of services during the final one -year extension of said agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: a. Downtown Santa Ana maintenance services shall be charged on a time and material basis. The hourly rate of $60.00 shall cover costs, including labor, overhead, travel, mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of material and concrete, etc. Special materials will be purchased by the Contractor only on authorization of the City Project Manager. Such special materials shall be charged at cost plus 10 %. Compensation for downtown Santa Ana maintenance services shall not exceed $25,000, during the 2013/2014 fiscal year. Compensation for Public Works maintenance services shall be as agreed per Job Proposal prepared by Contractor and accepted by City. Total compensation shall not exceed $30,000 during the 2013/2014 fiscal year. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City." 2. Section 3 TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on April 12, 2010 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 12, below." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LIN Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager ORANGE COUNTY CONTRACTORS SERVICES EDWARD SCHADE Owner 25C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: THIRD AMENDMENT TO AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC., FOR FATS, OILS, & GREASE PROGRAM MANAGEMENT SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a third amendment to the agreement with Environmental Engineering and Contracting, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide fats, oils, and grease control program management services, in an amount not to exceed $300,000. DISCUSSION The above recommended action is intended to allow the City to benefit from the option to extend a third one -year renewal. The contractor has agreed to cap costs at Fiscal Year 2012/13 rates. During Fiscal Year 2013/14, staff will complete a Request for Proposals process to solicit proposals from qualified service providers. In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments (FSE) into the City's sewer collection system. In January 2005, the City's Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all FSEs to ensure compliance with the ordinance. The FOG ordinance and control program are requirements of the California State Water Quality Control Board. On May 3, 2010, the Council awarded an agreement to Environmental Engineering and Contracting, Inc., (EEC) for a one -year term, with the provision for three one -year renewals. The services EEC provides include inspection of new food service establishments, training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to ensure compliance with regulatory requirements, and technical support to City staff for all FOG - related issues. Subsequently, the Council approved two amendments, on June 6, 2011, and June 4, 2012, respectively, each extending the agreement for an additional one -year term. During the three years that EEC been under contract, they have continued to provide exceptional quality services and have successfully completed all elements of the agreement. EEC has agreed to renew the agreement to 25D -1 Third Amendment to Agreement with Environmental Engineering & Contracting, Inc. June 17, 2013 Page 2 manage the City's FOG control program without increasing prices. Staff recommends amending the agreement with EEC for a final one -year renewal term. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Account (Account 05617640- 62300). i?u� Cw orb "r.. Raul Godinez II, .E. Executive Director Public Works Agency RG /CB /RR Exhibit: 1. Third Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on June 17, 2013, by and between Environmental Engineering and Contracting, 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 parties entered into Agreement A- 2010 -079, dated May 3, 2010, (hereinafter "said Agreement ") by which Consultant has provided inspection of new food service establishments (FSE's), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to insure compliance with regulatory requirements, and technical support to City staff for all fats, oils, and grease (FOG) related issues. B. By amendments dated June 6, 2011, and June 4, 2012, the parties agreed to extend the term of said Agreement to extend the term and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement a third time to exercise the option to extend for an additional one -year term and increase the amount of compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $300,000.00, to pay for an additional year of services, at rates set forth in said Agreement, during FY 2013- 2014. 2. Section 3, TERM, shall be amended to extend the term for an additional one -year period, through June 30, 2014. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director -PWA CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. (NAME) (Title) 25D -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AGREEMENT WITH MARIPOSA LANDSCAPES, INC., FOR MEDIAN LANDSCAPE MAINTENANCE SERVICES Irr I MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 121 :►111u1 -.1 :7 Authorize the City Manager and Clerk of the Council to execute an agreement with Mariposa Landscapes, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide median landscape maintenance services for the not -to- exceed amount of $628,160 with an option for two, 2 -year extensions. DISCUSSION The Public Works Agency Maintenance Services Division is responsible for the landscape maintenance of all the medians, linear parks, neighborhood entry areas, water reservoir facilities, arterial sidewalk areas citywide and the Regional Transportation Center. Staff released the Request for Proposal (RFP) on April 23, 2013. It was posted on the City's website and advertised in the Orange County Register. Staff held a pre - proposal meeting on May 2, 2013, with 11 landscape maintenance contractors attending. Submittals were due on May 15, 2013, and the City received proposals from four maintenance contractors. The proposals were evaluated by a team comprised of representatives from the Public Works Agency utilizing the following criteria: phasing approach, equipment, employee training program, ability to meet performance on schedule, company experience and reputation, and competiveness of the fees. In addition, staff performed reference checks on all of the proposers and determined that all were highly qualified. All four contractors were invited to the interview phase of the evaluation process. The maximum rating score was 600. The ratings and proposed fees for the four contractors are identified in Table 1: 25E -1 Agreement with Mariposa Landscapes, Inc.- Median Landscape Maintenance Services June 17, 2013 Page 2 TABLE 1 RANK PROPOSER LOCATION TOTAL RATING % OF PROPOSAL FEE SCORE SCORE 1 Mariposa Landscapes, Irwindale 557 92.8 $548,160 Inc. 2 Merchants Landscape Santa Ana 443 73.8 $401,970 Services, Inc. 3 Midori Gardens Santa Ana 433 72.2 $750,204 4 Azteca Landscape Ontario 413 68.8 $842,738 The evaluation committee determined that Mariposa Landscapes, Inc., (Mariposa) was the top proposer. The company received the highest overall rating due to a top - quality proposal presentation and interview, median maintenance implementation plan, fee competitiveness, emphasis on customer service, and overall responsiveness to the RFP. Mariposa has been providing median maintenance services for over 30 years and services 40 cities, including Anaheim, Orange, Mission Viejo, and Placentia. They have committed to concentrating their hiring efforts in Santa Ana first and will continue to utilize Santa Ana vendors for purchasing equipment and materials. Based on the information provided in the proposal and interview, it has been determined that Mariposa Landscapes, Inc., will provide the best quality service at the minimum cost to the City; therefore, it is recommended that the City Council approve the recommended action. The recommended action includes $80,000 for the cost of extraordinary maintenance due to unforeseen vehicle accidents and vandalism to maintenance equipment, median backflows and other similar devices. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Public Works Median Landscaping Fund (Account 02917635 - 62320), the Water Production and Supply Fund (Account 06017640- 62300) and the Santa Ana Regional Transportation Center Operations Fund (Account 06717650 - 62320). Raul Godinez P.E. Executive Director Public Works Agency RG /DM Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25E -2 AGREEMENT FOR LANDSCAPE MAINTENANCE OF STREET MEDIANS AND VARIOUS PUBLIC FACILITIES THIS AGREEMENT, made and entered into this 17th day of June, 2013 by Mariposa Landscapes, Inc. (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of landscape maintenance of street medians and a variety of City owned landscaped areas. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance in the City's medians, neighborhood entryways, parking lots, sidewalks, utility facilities and other City owned facilities, as set forth in City's Request for Proposals for Providing Median Landscape Maintenance #13 -018, Exhibit A, Scope of Services, and Exhibit B — Routine Maintenance Locations, attached to this Agreement and incorporated by reference. 2. REPRESENTATIVES For the purpose of implementing this Agreement, the City' Project Manager shall be the Executive Director of the Public Works Agency, or his designee. Contractor's Project Manager shall be . The parties authorize their respective Project Managers to act in conformance with the terms and conditions set forth in this Agreement. 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified Contractor's Proposal Item Pricing, attached hereto as Exhibit C and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $628,160, annually, which includes a contingency of $80,000 for extraordinary maintenance, during the term of this Agreement. b. Invoices 25E -3 i. The Contractor shall submit a monthly invoice by the 15'h day of the month to the Project Manager (PM) for services rendered in the prior month. ii. All invoices for work performed under this contract shall be submitted in a format approved by the PM. In addition to other information requested by the PM, invoices shall include the following information. • Contractor's invoice number • Beginning and ending dates for services • City project number and/or name • Work site address /location • Unit cost, subtotals and total for invoice c. Payment by City shall be made within sixty (60) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. d. Adjustment to Charges The parties may annually agree to an annual adjustment of median landscape maintenance charges (not to exceed 2 %) utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be 1) the most recent December Consumer Price Index (CPI) All Urban Consumers for the Los Angeles- Anaheim- Riverside CMSA, published by the United States area; and 2) the December Petroleum Price Index (PPI). The adjustment formula shall be weighted 90% CPI and 10% PPI. Extra Work No additional work of any kind shall be compensated unless such work is completed in compliance with a written estimate which has been approved by the PM in writing prior to the commencement of the work. Contractor shall provide detailed information regarding the scope of Department of Labor Bureau of Labor Statistics, or any relevant successor for the Orange County the extra work and the need therefore. Work performed prior to obtaining written approval shall not be included in the Scope of Work and may not be paid. 4. TERM This Agreement shall commence on the date first written above and continue for a two year term, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for two additional two -year terms, at the option of the City. 5. CONTINUED FUNDING in the event funding not allocated for median landscape maintenance services during the annual budget process, the City shall notify Contractor in writing at least thirty (30) days prior to the end of the current fiscal period that the contract shall terminate on the last day of the current fiscal period. 6. 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 25E -4 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. 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. General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured (s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of onsured's provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25E -5 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims for bodily injury, death or damage to property, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever, which may arise from or in any manner relate to, directly or indirectly, work performed or services provided pursuant to this Agreement, including without limitation, defects in workmanship and/or materials, or Contractor's presence or activities conducted performing the work (including the negligent or willful acts or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors and subcontractors). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation on the amount of indemnification to be provided by the contractor. 9. 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. 10. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 25E -6 With courtesy copies to: and 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 -23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Mariposa Landscapes, Inc. 15529 Arrow Highway Irwindale, California 91706 Fax 626 - 960 -8477 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. 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, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. 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 25E -7 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. 14. TERMINATION AND DAMAGES This Agreement may be terminated as follows: a. Material Breach: If the City's Executive Director determines the Contractor has failed in the performance of its duties and/or schedule as provided, the Executive Director may consider the Contractor in material breach. City may exercise all remedies in law or equity including but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or another contractor at Contractor's expense, as determined by the Executive Director. Contractor shall be responsible for all costs resulting from breach, including incidental and consequential damages. In the event of a material breach, which remains uncured after five (5) days notice to Contractor, City may terminate this Agreement upon ten (10) days written notice of termination. In the event of termination for cause, City shall pay Contractor that portion of compensation that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits if terminated for cause. b. City may terminate without cause by providing thirty (30) days written notice to Contractor, as set forth in Section 10, above. Upon termination, City shall pay to Contractor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. c. In addition to, or in lieu of, remedies provided herein or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the City's PM, the level of service falls below appropriate standards and/or Contractor fails to perform contract services. City shall have the right to retain funds withheld until the City PM determines that contract services have been fully performed. d. Contractor may request termination of the Agreement when conditions during the Agreement period make it impossible to perform or when prevented from proceeding by act of God, law, or official action of a public authority, or in the event of nonpayment by City. Contractor shall provide City with ninety (90) days written notice of request to terminate. Notwithstanding the foregoing, Contractor may provide thirty (30) day written notice of termination for nonpayment by City. 15. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that, if the Contractor fails to perform the work as specified herein, the City will only pay for the service actually received, as determined by the Director, with an appropriate downward adjustment in contract 25E -8 price. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. Additionally, the Director may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. B. The Director may make a billing adjustment in monthly payments for 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. C. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub - standard performance, non - performance and forfeiture for non- completion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of non - compliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non - performance and forfeiture for non- completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors. 16. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to make the corrective work. Such work will be done on a force account basis with an additional callout charge of $200.00 for each callout. Said charges will be billed to Contractor and deducted from Contractor's most recent pending invoice. 17. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including but not limited to State License C -27 and a City of Santa Ana Business License, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder 25E -9 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 21. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 22. UNDERGROUND SERVICE ALERT (USA) Underground Alert Systems must be notified 48 -hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1- 800 - 422 -4133. 23. HAZARDOUS CONDITIONS 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 reported to the Public Works Agency. 24. UTILITIES Any Damage to utility lines that occurs shall be immediately reported to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 25. 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. 26. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 25E -10 27. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH Handbook, the Contractor will contact the Director for approval. . 28. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for Routine and/or Extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 29. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 30. PAYROLL RECORDS Section 1776, Chapter 1 of Division 2, of the California Labor Code, relating to apprentices on Public Works, requires that each contractor and subcontractor keep an accurate payroll, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprentice or worker employed by him. The payroll shall be made available to the employee or this authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. Pursuant to Labor Code S1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with applicable collective bargaining agreements filed with the Department of Industrial Relations. 31. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind its 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. 25E -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director, Public Works Agency 25E -12 CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager MARIPOSA LANDSCAPES, INC. President EXHIBIT A LANDSCAPE MAINTENANCE SCOPE OF SERVICES Contractors shall provide landscape maintenance at the routine maintenance locations listed in Exhibit B. At the discretion of the Projects Manager one or more optional add - on locations and specialized services may be included in the agreement with contractor. In addition, the City at the discretion of the Projects Manager, reserves the right to decrease the scope of work during the duration of the agreement. I. FUNCTIONS AND RESPONSIBILITIES A. PROJECTS MANAGER The Projects Manager shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub - standard, he /she may (1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay to be assessed; (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 and will be billed accordingly. The Projects Manager or designee shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Contractor's Office Contractor is required to maintain an office /yard within a thirty (30) minute response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cell phone. Contractor shall have a maximum response time of thirty (30) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. (2) Submittals The Contractor shall submit to the Projects Manager or designee at the beginning of work, 1) a detailed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials and /or chemicals to be used on the project for approval. 25E -13 All submittals shall be periodically updated as necessary. The Projects Manager or designee shall be immediately notified of any deviation from schedule or material usage. Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. (3) Uniforms /Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -27 and a City of Santa Ana Business License. (5) Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. (6) Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. (7) Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. 25E -14 SCOPE OF WORK The intent of these specifications is to provide full and complete contract landscape maintenance at designated sites, herein described, and that such sites be kept in a healthy, weed -free, vigorous, and well -kept state at all times. The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, fertilizers, insecticides, rodenticides, chemicals and other items needed to do landscape maintenance work as directed herein. The Contractor shall provide complete landscape maintenance at all work sites, including, but not limited to pruning, structural shaping of young trees, shrubs, and ground cover plants; removing and controlling weeds; controlling plant diseases and pests; mowing turf; edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; and other maintenance required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in good condition with horticulturally accepted standards for growth, color, and appearance. (Horticulturally accepted standards shall be determined by the Projects Manager or designee.) Description of Proiect Furnish all labor, equipment, materials, and supervision to perform landscape maintenance as described herein including, but no limited to, the following: • Weeding, cultivating and brush control both mechanically and with chemicals • Fertilizing • Shrub and groundcover trimming, pruning, training • Minor tree pruning and staking of trees under 12 feet in height • Irrigation programming, monitoring, maintenance, and repair • General rodent, pest and disease control on landscape planting and turf • Mowing and verticutting • General litter control, refuse removal, and grounds policing • Plant replacement • Hardscape cleaning • Access roadway clearance and visibility maintenance • General drainage structure and system maintenance 25E -15 • Reporting for vandalism, graffiti, or any safety concerns • Vandalism • Damage resulting from vehicular accidents • Water, sewer, and electrical lines or systems, except to the extent required in the technical specifications of the Bid Schedules A. SCHEDULING OF WORK 1) The Contractor shall accomplish all routine landscape maintenance required under this contract between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The Projects Manager or designee may grant, on an individual basis, permission to perform maintenance at other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 8:00 a.m. No Saturday or Sunday work is to be scheduled without permission from the Projects Manager or designee, unless it is an emergency situation. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to the Projects Manager or designee prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing to the Projects Manager or designee immediately. Routine maintenance Locations shall not be interrupted /not completed as schedule without prior approval of the Projects Manager or designee. 2) The Contractor shall conduct the work at all times in a manner which will not interfere with pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. In addition, a special notification listing exact starting date for renovation, pruning and other infrequent operations, shall be furnished to the Projects Manager or designee at least five (5) working days in advance of performing these operations. B. PRICING APPROACH The City of Santa Ana intends to award a contract based on a fixed annual contract price for the two -year term of this contract, renewable annually based on performance at the City's sole discretion. The primary purpose of the Unit Prices (Exhibit C) proposal is to provide for additional contracted work or remove contracted work during the course of the contract and to establish clear payment deductions for contract duties not rendered or not satisfactorily performed. C. LEVEL OF MAINTENANCE 25E -16 All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the contractor and the City. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week or month. Payment will be retained for work not performed until such time as the work is performed to City standards. The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. D. QUALITY OF WORK AND MATERIAL All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Projects Manager or designee. All materials used shall be approved in advance by the Projects Manager or designee. The actual cost of all materials passed on to the City shall be wholesale cost of the materials. The wholesale cost shall be the actual cost paid by the Contractor reflecting the best price, including discounts available. Receipts shall be required for reimbursements. At no time shall the cost of materials exceed retail cost from the current price list, minus the discount rates. • Typical costs of the irrigation parts, plant material, etc. to be submitted to the City prior to approval. The City reserves the right to purchase materials directly and make them available to the Contractor. In the event the City exercises the option to purchase the materials, the following conditions will apply: • Contractor shall conform to all City practices and procedures. 25E -17 • All City purchases will be for the sole expressed use of and for the City. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the Citv upon request. • The Contractor will reduce the unit cost for each maintenance task by the City's actual cost for the materials provided and used. E. SUPERVISION OF CONTRACT All work shall meet with the approval of the City of Santa Ana's Projects Manager or designee. There shall be a weekly meeting with the Contractor and the Projects Manager or designee to determine progress and to establish areas needing attention. A monthly maintenance schedule will be submitted in writing to the City by the first of each month. Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until the condition is corrected in a satisfactory manner as set forth in the specifications. F. WORKMANSHIP AND SUPERVISION Work shall be performed by competent and experienced workers. All irrigation maintenance and repairs shall be monitored by a California Landscape Contractors Association, Certified Landscape Technician -I (Irrigation). The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and lead workers must communicate effectively, both in written and oral English, and shall be present at all times during contract operations. Any order given to these supervisors or lead workers shall be deemed as delivered to the Contractor. All pesticide operations, where required, shall be performed by a California State Licensed pest control operator through written recommendation by a California State Licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all local, state, and federal laws and regulations regarding pesticide usage. All personnel working at the outlined areas shall be neat in appearance and in uniforms as approved by the Projects Manager or designee. All personnel shall wear identification badges or patches. Those employees working in or adjacent to traffic lanes shall wear safety vests. 25E -18 Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor on fifteen (15) days' notice from the City. G. PROVISIONS FOR EXTRAS No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. H. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL -OSHA. The Projects Manager or designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. All contractor vehicles shall have a "W.A.T.C.H." work area traffic control manual at all times. The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from his /her operations. Any hazardous condition noted by the Contractor, which is not a result of his /her operations, shall be immediately reported to the Projects Manager or designee. STREET CLOSURES, DETOURS BARRICADES Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. SCHEDULES Annual Schedule The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. 25E -19 K. • The Contractor shall complete the schedule for each site in a manner which shall correspond to the weekly schedules. • The annual schedule shall be submitted for City approval within fifteen (15) calendar days after effective date of the contract. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. Weekly Schedule • Weekly schedule forms shall be provided by the Contractor indicating the major items of work to be performed in accordance with the performance requirements and further delineate the accomplishment by day of the week. • The Contractor shall complete the schedule for each item of work and each area of work. • Changes to the schedule shall be received by the Projects Manager or designee at least twenty -four (24) hours prior to the scheduled time for the work. • Failure to notify of a change and /or failure to perform an item of work on a scheduled day may result in deduction of payment for that date, week, or month. • The Contractor shall adjust his /her schedule to compensate for all holidays and rainy days. Maintenance and litter removal shall be scheduled for all holidays and rainy days, unless otherwise indicated by the City. Daily Schedule • Daily completed performance sheet shall be emailed or delivered to the Projects Manager or designee before 4:00 p.m. each work day. • It shall list site locations and completion of each and notes for Projects Manager or designee. Changes to daily schedule can be made verbally or by email to the Projects Manager or designee. PERFORMANCE ON SCHEDULE The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. 25E -20 Therefore, all work shall be completed on the scheduled day, as shown on the weekly and daily schedules. L. PERFORMANCE DURING INCLEMENT WEATHER During periods of storms, Contractor will provide supervisory inspection of the project during regular hours to prevent or minimize possible damage from inclement weather. Contractor shall submit a report identifying any storm damage to the Projects Manager or designee attached to a site map identifying location of damage and cost estimate to repair /replace. If remedial work is required beyond the scope of this contract, it shall be considered as extraordinary work. During periods of inclement weather, i.e. rain /wind; Contractor's workforce shall accomplish work not affected by such weather, i.e. litter pick up /spent blossom removal, preventative maintenance, etc. 1) Contractor shall stake and re -tie trees as required. 2) Drains shall be checked and cleaned as necessary. 3) Contractor shall remove all branches and debris resulting from inclement weather. 4) Contractor may be required to perform additional clean -up tasks due to inclement weather. 5) Failure to adjust work force to show good work progress shall result in a penalty of $300.00. M. WORK FORCE 1) The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who are technically qualified and possess management skills required to implement modern methods and newly developed horticultural procedures. The Contractor shall provide for the on -site services of a landscape maintenance expert, acceptable to the City, with an extensive background in Ornamental Horticulture, for a minimum of four (4) hours per month. The Ornamental Horticulturist shall accompany Projects Manager or designee on an inspection tour for evaluation of the Contractor's work performance every month. 2) The Contractor shall insure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor. 3) The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work 25E -21 done. The Contractor's employees shall be U.S. Citizens and /or legal residents. 4) The Contractor shall perform the work provided for in this contract under the direction of the Projects Manager or designee. The Projects Manager or designee may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. N. MATERIAL 1) The Contractor shall submit a list to the Projects Manager or designee of all materials that the Contractor proposes to use in the execution of this work. The list shall include the chemical analysis, recommended usage and any other pertinent data by the manufacturer of material. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. 2) The following shall apply to the material indicated: a. Fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potassium to keep lawns, trees, shrubs, and other plants in a healthy and vigorous growing condition. b. Insecticides, fungicides, herbicides, and rodenticides shall be of the best quality obtainable, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. C. Tree stakes, tree ties and guy wires shall be of materials matching those existing in the work site or as specified by the Projects Manager or designee. d. Replacement trees, shrubs, ground cover, and other plants shall be of a size, condition and variety specified by the Projects Manager or designee. e. Replacement plant materials may be inspected by the Projects Manager or designee prior to planting. d. The Projects Manager or designee shall determine replacement lawn sod. O. RECYCLING 25E -22 All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be recycled through composting or processing for use as mulch. Organic waste cannot be taken to the landfill. The names and addresses of the licensed green -waste composting or processing companies, and haulers, along with the tonnages used and receipts, shall be provided to the Projects Manager or designee in a monthly written report and an annual written report. P. DISPOSAL At least 100% of all landscape debris will be disposed of through a landscape material recycling center or reused in some manner. The Contractor shall dispose of all cuttings, weeds, leaves, trash, and other debris from the operation as work progresses. The City shall not be responsible for the disposal. Contractor shall pay all disposal fees and provide documentation evidence of recycling to include location, tonnage, etc. on a monthly basis to the City. Contractor shall dispose of all trash and debris. Contractor shall dispose of all landscape debris through a landscape material recycling center such as Tierra Verde Industries. Contractor shall not dispose of landscape debris in a landfill without prior approval from the Projects Manager or designee. Contractor shall pay all disposal fees and submit a copy of receipt as part of the landscape monthly reports. At no time is the Contractor permitted to use City dumpsters. Q. RECORDS The Contractor shall keep accurate records concerning all of his /her employees or agents and provide the City with names and telephone numbers of emergency contact employees. The Contractor shall complete a daily maintenance report indicating work performed and submit this completed report to the Projects Manager or designee daily. The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Projects Manager or designee. This maintenance calendar shall clearly indicate all of the landscape maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Projects Manager or designee for approval prior to the date the changes are to take effect. The Contractor shall permit the City to inspect and audit its books and records regarding City - provided services, including requests for certified payroll of employees assigned to the City, only at any reasonable time. 25E -23 R. EMERGENCY SERVICES The Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives when emergency maintenance conditions occur during hours when the Contractor's normal work force is not present in the City of Santa Ana. These Contractor representatives shall respond to said emergency within thirty (30) minutes from receiving notification. S. SPECIALTY OPERATIONS Written notification of all "specialty type" maintenance operations shall be given to the City forty -eight (48) hours PRIOR to each of these operations by the Contractor. "Specialty type" maintenance operations are defined as: fertilization, turf aerification, turf dethatching, seeding, preventive and curative application of fungicide, herbicide or any required pesticide applications, water truck operations, mulch applications and plant replacements. T. UNDERGROUND EXCAVATIONS Contractor shall be responsible for locating all underground utility lines to insure the safety of his /her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Projects Manager or designee and Underground Service Alert (811) 48 hours before commencing any excavation, to locate underground service lines. III. ROUTINE MAINTENANCE Routine maintenance shall include but not be limited to the following services performed on all work sites listed in Exhibit AJB. A. TURF CARE 1) Mowing a. All turf shall be mowed weekly with mulching mowers. Subject to the approval of the Projects Manager or designee, the contractor may reduce the mowing frequency to biweekly during periods of rain or prolonged cold. All grass clippings shall be left in place with the exception of large accumulations, which shall be collected and removed after each mowing. All roadways adjacent to work areas shall be kept clean at all times. b. All turf shall be cut to a height appropriate for the type of grass being mowed. Mowers shall be maintained in optimum condition with sharp blades to provide a smooth, even cut without tearing of the leaf blades. 25E -24 2) 3) C. Turf shall only be mowed after two (2) consecutive non - watering days and /or as directed by the Projects Manager or designee. d. Any and all signs found on the Medians or on trees shall be removed, including but not limited to political, garage sale, lost and found, etc. e. All litter /debris shall be picked up prior to mowing. All turf and hardscape areas shall be free of turf clippings, plant debris and trash at the end of the scheduled mow day. Edging and Detailing All turf shall be edged with bladetrimmer adjacent to all improved surfaces and, where no improved surface exists, turf edges shall be maintained as if the turf area abuts a shrub bed or property line. Edging and detailing shall be performed weekly, or more frequently, if desired by the Projects Manager or designee. Following each edging, all edging debris shall be removed. 2. Turf shall be mechanically edged during the mowing of each week. The edging along sidewalks, curbing and other concrete shall be performed with a blade type edger. Sidewalks and other hard surfaces shall be properly cleaned after each edging including grass stains or marks made as a result of the mowing process. 3. All turf growing adjacent to irrigation hardware, tree trunks, or any other landscape amenity shall be neatly detailed by string trimmer and /or chemicals to twelve (12) inches in all directions of said objects. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phototoxicity become recognizable. b. Any damage, as determined by the Projects Manager or designee, caused to irrigation components, sprinklers, valves, etc., or plant material by edging equipment and /or mowers shall be replaced by the Contractor at Contractor's expense. Fertilization Lawns shall be fertilized four (4) times annually with a "complete fertilizer ". Fertilize two (2) times per year during the months of December and February using 22 -3 -9 at the rate of five pounds (5 25E -25 lbs.) per 1000 square feet or approved equivalent program. During the months of June and October fertilize with 16 -6 -8 at the rate of six pounds (6 lbs.) per 1000 square feet four (4) times per year, or approved equivalent program. a. Due to the broad geographical area of the contract, the City may from time to time adjust or change the fertilization specifications contained herein as a result of consultation with Contractor or recommendations of a horticultural soils and plant laboratory report for each site. b. All fertilization shall be included with the landscape maintenance of each contract area. Contractor shall supply and transport all required fertilizers and include costs in the bid to the City. 4) Watering a. Turf areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. b. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the turf area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the turf area. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. d. Turf areas shall not be maintained in an over watered and /or saturated condition. e. Contractor shall respond immediately to signs of turf stress. Turf lost due to stress shall be deemed contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. g. Trimming of grass around the trees in the turf area shall be performed during the mowing of each week in such a manner as to avoid damage to the tree trunk. h. Contractor shall develop and maintain a program to ensure that all turf is maintained free of fungus, insect infestations and /or turf diseases at all times. 25E -26 Damaged and /or bare spots in turf shall be immediately repaired at the time of detection. The tree guards shall be maintained in place around the trunk of each canopy tree at all times to eliminate tree damage by string trimmers, mowers, etc. Trees damaged by Contractor shall be immediately replaced at Contractor's expense. 5) Dethatching a. Turf areas shall be dethatched once per year between September and October or as directed by the Projects Manager or designee. b. Dethatching shall be accomplished by use of a "vertical type" dethatch machine. c. Contractor shall flag all irrigation sprinklers prior to commencement of work. d. All thatch and debris shall be immediately removed upon completion at Contractor's expense. 6) Overseeding Each year, all turf areas shall be overseeded with Eagle Blend or equivalent perennial rye grass at the minimum rate of seven (7) pounds per 1,000 square feet. Seed shall be uniformly broadcast, with care taken to not broadcast in non -turf area. Dethatching and /or deep scalping of the turf may be required as directed by the Projects Manager or designee. Seeds shall be guaranteed free of disease, pests, or other foreign grasses or weeds. 7) Pre - Emergent a. The Contractor shall apply an approved pre- emergent herbicide to all turf areas a minimum of one (1) time per year and /or as directed by the Projects Manager or designee for control of all types of weeds. At no time shall weeds be allowed to remain in turf areas. b. Contractor shall flag all irrigation sprinklers prior to commencement of work complete. C. Damage because of rodent activity shall be repaired at Contractor's expense. 8) Weed Control of Paved /Hard Surfaces 25E -27 Contractor shall control all weeds growing in cracks, expansion joints and other hard surfaces adjacent to the landscape area by the use of chemical weed control to include long narrow median noses, cracks in sidewalks /curbs /gutters, etc. Contractor shall develop and maintain a broadleaf weed control program that will ensure that all turf is maintained in a weed -free condition at all times. 9) Litter pickup /hardscape cleaning a. Contractor shall provide litter pickup to all landscaped areas weekly. b. The hardscape areas adjacent to the landscape, i.e. sidewalks and concrete in the medians, shall be cleaned of leaves, paper, dirt, animal feces, and other debris in conjunction with litter pickup. c. At no time will this debris be blown into the street, storm drains, and /or onto private property. d. All litter shall be removed from the turf prior to each mowing. 10) Replanting a. The Contractor shall re -sod all turf lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. b. At no time shall ridges or depressions caused from contractor equipment on over watered and /or saturated ground, as determined by the Projects Manager or designee, be permitted in the median or turf areas. This shall be deemed Contractor negligence. Contractor shall remove and replace with new turf at no additional cost to the City. B. GROUND COVER CARE 1) Edging and Detailing a. Ground cover beds shall be maintained within their intended bounds, edged and /or detailed every week. Maintain a 12" clearance between different plant material. b. Ground covers shall not be permitted to encroach into lawns, shrubs, adjacent desirable bare areas, wall fixtures, furniture, other ground cover areas, etc. All sites shall be 25E -28 cleaned following each edging /detailing, including streets and sidewalks (when applicable). 2) Fertilization All ground cover beds shall be fertilized using a complete or approved fertilizer (such as 16 -6 -8 Turf Supreme) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the Projects Manager or designee. Advanced notice shall be given to the Projects Manager or designee prior to performing this task. 3) Renovation Ground cover beds shall be thinned and pruned, separated and /or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the Projects Manager or designee. Infill planting of bare groundcover areas shall be replanted in the months of March through June with flats of the same species one time per year as part of routine maintenance at no additional cost to the City. 4) Cultivation and Mulch All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. 5) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. Contractor shall control weeds by keeping all planters, shrubs and ground cover areas free of visible weeds at all times. Where ground cover grows under pine trees, the Contractor shall use a combination of techniques (raking and blowing) to prevent the build -up of needles from forming on the ground cover. Ground cover plants shall be added, as needed, to ensure a solid mass planting in conformance with the original intent at no cost to the City. C. SHRUB CARE 25E -29 Contractor shall remove dead shrubs and backfill to existing grade with imported soil as necessary to maintain a consistent finished grade. Sinkholes will not be acceptable as it represents a liability to the City. Replacements of shrubs will be approved by Projects Manager or designee. Wall vines adjacent to and coming from City landscapes are a part of the maintenance of this contract. Wall vines shall be kept trimmed approximately four (4) inches from the wall and eight (8) inches below the top of the wall. Where wall vines have been allowed to grow over the top of the wall, the Contractor shall keep wall vines trimmed down to the top of the wall. Wall vines may require trimming two or more times per month during the growing season. 1) Pruning All shrubs growing in the work areas shall be pruned as required, to maintain plants in a healthy growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the Projects Manager or designee. Dead or damaged limbs or branches shall be cleaned out and removed with sharp pruning tools with no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging may be required on some shrubs, as designated by the Projects Manager or designee. Shear hedging or severe pruning of plants, unless authorized by the Projects Manager or designee, shall not be permitted. Should the Contractor shear hedges or severely prune plants and disfigure or damage the plants, the contractor shall be responsible for replacing those plants with like kind and size as determined by the Projects Manager or designee. The Contractor may be requested from time to time to raise the bottom or lower the tops of the shrubs for security reasons. This shall be considered routine maintenance and performed at no extra cost to the City. 2) Fertilization All shrubs shall be fertilized using a complete fertilizer (such as 16 -6 -8) four (4) times per year. The rate of application shall be two (2) pounds of actual nitrogen per 1,000 square feet. Proof of application in the form of empty fertilizer bags may be requested at any time by the Projects Manager or designee. Advanced notice shall be given the Projects Manager or designee prior to performing this task. 3) Renovation Shrubs shall be thinned and pruned, separated and /or relocated for the health of the planting and the appearance of the site, and 25E -30 at such other times when directed by the Projects Manager or designee. Infill planting of bare shrub areas shall be replanted in the months of March through June with plant material of the same species one time per year as part of routine maintenance at no additional cost to the City. 4) Watering a. All shrubs shall be properly irrigated to maintain a healthy condition. Shrub areas shall be deeply watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shrub areas shall be allowed to show a lack of fresh green color or a loss of resilience due to lack of water. b. Wherever or at any time that an irrigation system is damaged, fails or does not adequately cover the shrub area in which it is installed, the Contractor shall furnish and set out hoses and sprinklers, or other portable means, as required to uniformly water the shrub. C. Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed to prevent excessive runoff, ponding or over watering. d. Shrub areas shall not be maintained in an over watered and /or saturated condition. e. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. 5) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. 6) Cultivation and Mulch a. All bare soil or open areas shall be either cultivated weekly or covered by a minimum of two (2) inches of mulch. All mulch material shall be of a recycled product free from foreign grasses and weeds and shall be approved by the City. At no time shall weeds be allowed to remain in bare or planted areas. 25E -31 b. Shrubs shall be pruned as required to ensure clear vehicular and pedestrian visibility and clearance. Remove broken or diseased branches and provide general containment and good appearance. c. Plant material encroaching onto or from City property shall be trimmed back to property line at City's discretion depending on circumstance, i.e. plants growing over fences and sidewalks from private property adjacent to contracted areas shall be trimmed back to the property line. d. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use, i.e. vines not growing into other plants, etc. Coordinate with Projects Manager or designee. e. Continuously remove any spent blossoms or dead flower stocks, as required, to present a neat, clean appearance. Plants growing over curbing and /or sidewalks shall be maintained even with the edge of the sidewalk or curb and be trimmed on a natural taper rather than vertical, so as not to appear to be hedged. g. Schedule the application of a complete fertilizer with an analysis of 15 -15 -15 at the rate of six (6) pounds per 1000 square feet as often as required, but no less than three times per year, to promote optimum growth and healthy appearance to all shrubs. h. Ailing or stunted shrubs shall be removed at time of discovery and replaced in kind within five (5) working days. Shrubs requiring additional nutrients to correct deficiencies shall receive such nutrients within three (3) working days of discovery. Contractor shall replace shrub failure that is determined to be due to Contractor's neglect or improper treatment at his expense. TREE CARE Note: All trees up to 9 inch DBH (Diameter at Breast Height) are included in routine maintenance. 1) Pruning All trees within the scope of work shall be maintained to keep the natural integrity and shape of the trees. This work shall be accomplished in a manner, which will ensure that each individual tree is pruned per American National Standards Institute (ANSI) standards, per ANSI A300 Part 1, 2008 pruning standard and the ASNI Z133.1 as outlined in the City of Santa Ana Tree Pruning 25E -32 and Stump Removal Specifications are to be followed. All work shall be of the highest quality as outlined under the City of Santa Ana Tree Pruning and Stump Removal Specifications. In addition, the Contractor shall remove or prevent encroachment where it blocks vision or is considered undesirable by the Projects Manager or designee. Low branches overhanging sidewalks shall be removed to a height of seven (7) feet above grade. Trees in medians shall be maintained with 14' minimum roadway clearance. Young trees needing pruning, training, and shaping to develop and maintain a dominant leader from which smaller primary branches arise that are radially and vertically spaced along the trunk. From time to time the contractor may be asked to raise the canopy of the trees for security reasons and this shall be considered routine maintenance. 2) Staking, Tying and Guying All trees under 4" DBH requiring staking shall be securely staked at all times with approved stakes and rubber VIT ties. Rubber hoses and wire will not be permitted. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Projects Manager or designee. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. 3) Fertilization All trees shall be fertilized using a complete or approved fertilizer a minimum of one (1) time per year. 4) Watering a. All trees shall be properly irrigated to maintain a healthy condition. b. Trees shall not be maintained in an over watered and /or saturated condition. 5) General Requirements The Contractor shall bring to the attention of the Projects Manager or designee within twenty -four (24) hours any tree - displaying root heaving or girdling (either by roots or a foreign material, leaning, broken or hanging limbs, or any other reason posing a potential safety hazard.) Any safety hazard present now shall be reported immediately. 6) Replanting 25E -33 a. The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to normal attrition, or to the Contractor's faulty maintenance or negligence, including but not limited to girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations as determined by the Projects Manager or designee. b. Replacement shall be made by the Contractor in the kind and size of trees determined by the Projects Manager or designee. Where there is a difference in value between the trees lost and the replacement of trees, this difference will be deducted from the contract payment. In all cases, the value of the trees lost will be determined by the Projects Manager or designee using the latest American Shade Tree Conference guidelines for value determination. 7) Reporting a. An annual report shall be provided by an ISA Certified Arborist, by January 30th of each year, on the overall condition and health of all trees under the scope of this contract. Specific trees in need of additional care or removal shall be identified by species location and /or address. b. The Contractor shall provide an annual report identifying the location, address and species of tree vacancies. E. WEEDS, DISEASE, AND PEST CONTROL Weed Control a. All landscape and hardscape areas within the specified scope of work (including, but not limited to, turf, shrub and ground cover, planters, tree wells, ornamental bark or rock areas, sidewalk, asphalt or concrete areas) shall be kept free of weeds and foreign grasses at all times. The complete removal of all weed growth shall be accomplished on a continuing basis. Weeds shall be controlled by hand and approved mechanical or chemical methods. b. The transferring of weeds or disease from one infected turf, plant or tree to another turf, plant or tree through improper or faulty maintenance shall be considered 25E -34 E Contractor negligence, as determined by the Projects Manager or designee. Such negligence includes but is not limited to, non - cleaning or non - disinfecting of tools or equipment and for not isolating the infected area. ii. All affected turf, plant, or tree shall be replaced by Contractor at no cost to the City. Disease and Pest Control a. The Contractor shall regularly inspect all landscaped areas for presence of disease, insect or rodent infestation. The Contractor shall advise the Projects Manager or designee within forty eight (48) hours of when disease, insect or rodent infestation is found, and the action to be taken. Upon approval of the Projects Manager or designee, the Contractor shall implement approved control measures, following all Federal, State, County, and municipal laws, regulations and ordinances required for the approved work. b. Approved control measures shall be continued until the disease, insect or rodent is controlled to the satisfaction of the Projects Manager or designee. The Contractor shall utilize all safeguards necessary during disease, insect or rodent control operations to ensure safety of the public and the employees of the Contractor. c. Any plant, turf or tree material which dies without the Contractor's Horticulturist and /or ISA certified Arborists diagnosing the plant, turf or tree and implementing efforts to save the plant, turf or tree will be considered Contractor negligence and shall be replaced by Contractor at no cost to the City. d. Contractor shall provide complete and continuous pest control and /or eradication of all pests or diseases in accordance with the specifications contained herein. e. Plant materials severely damaged by pests or diseases will be replaced at Contractor's expense. Weed Control: Contractor shall continuously control weeds at all sites with both pre and post- emergent chemical control. It is intended that all sites will be practically weed -free through this process. Weeds determined by the Projects Manager or designee to be objectionable shall result in a penalty assessed against Contractor for each affected site. Contractor shall 25E -35 provide the same weed control in cracks, expansion joints and other small openings in the sidewalk/curb area within fifteen (15) feet of each tree well. F. IRRIGATION SYSTEM MAINTENANCE General Responsibilities a. Irrigation shall be done by the use of automatic or mechanical sprinkler systems, where available and operable, or manually; however, failure and /or damage of the existing irrigation system to provide full and proper coverage shall not relieve the Contractor of the responsibility to provide adequate irrigation with full and proper coverage to all areas in the contract work site. b. Newly planted trees, shrubs, ground cover and turf shall receive special attention until these plants are established. Adequate water shall be applied to promote normal healthy growth. Proper berms or basins shall be maintained during the establishment period. c. Any damages to public or private property resulting from excessive irrigation water or irrigation water runoff shall be charged against the contract payment unless immediate repairs are made by the Contractor to the satisfaction of the Projects Manager or designee. d. Contractor shall vacuum all irrigation cabinets and controllers, both inside and outside, and maintain in a thoroughly clean condition at all times. 2. Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required as part of this contract, the Contractor shall: a. Not duplicate any coded City key furnished by the Public Works Agency for access and operation of the controller. b. Surrender all keys furnished by the Public Works Agency at the end of the contract period, or at any time deemed necessary by the Projects Manager or designee. C. Protect the security of City property by keeping controller cabinets and building doors locked at all times 25E -36 d. Refrain from using premises behind locked doors for storage of materials, supplies or tools, except as approved by the Projects Manager or designee. e. Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. 3. Water Conservation The Contractor shall turn off irrigation system during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of horticulturally acceptable maintenance practices as determined by the Projects Manager or designee. When the Projects Manager or designee acknowledges the necessity to turn on the water once again, all controllers shall be activated within twenty -four (24) hours. After 24 hours, the Projects Manager or designee at his discretion may elect to activate the controllers with City forces and deduct estimated time plus overhead from the Contractor's monthly invoice. 4. Inspection and Reporting a. The Contractor shall physically inspect (by manual or semi - automatically running the Controller) the operation of all systems weekly. The Contractor shall maintain all sprinkler systems in such a way as to guarantee proper coverage and full working capability, and make whatever adjustments are necessary, including but not limited to, adjustment of heads or inserts, or replacing of inserts, etc., to prevent excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation over spray /runoff. b. A visual inspection of all irrigated areas shall occur, more often, but not less than one (1) time per week. All areas receiving marginal coverage shall be irrigated by a portable irrigation method. The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplementary irrigation. Care shall be exercised to prevent waste of water, erosion, and /or detrimental seepage into existing underground improvements or structures. c. Contractor shall submit a monthly irrigation report to the Projects Manager or designee. The report shall be of the format required by the Projects Manager or designee and shall include, but not be limited to, controller location, address, type of controller, number 25E -37 of stations, schedule, and run times for each station, turf, ground cover or shrub irrigation, condition of site, and repairs made for each station. d. Contractor shall maintain a log at each controller location. e. Contractor shall provide efficient use of water at all times. The controllers shall be programmed and monitored to maintain adequate moisture, optimal for growth and appearance, while eliminating excessive runoff. Adequate soil moisture shall be determined by visual observation, plant resiliency, and turgidity, examining cores removed by soil probe, moisture sensing devices, and programming irrigation controllers accordingly. Considerations must be given to soil texture, structure, porosity, water holding capacity, drainage, compaction, precipitation rate, runoff, infiltration rate, percolation rate, evapotranspiration, seasonal temperatures, prevailing wind condition, time of day or night, type of plant and root structure. Contractor shall be responsible for and bear the cost of service and repair to all irrigation components from the remote control valve, downstream (including the remote control valve). The responsibility includes, but is not limited to, the remote control valve, flow sensors, lateral lines, fittings, risers, all sprinkler heads, and drip irrigation components. g. Monitoring Systems: Contractor shall weekly inspect the irrigation systems for broken and clogged heads, malfunctioning or leaking valves, or any other condition, which hampers the correct operation of the system. Authorization must be obtained from the Project Manager or designee before proceeding with work not covered under normal maintenance work and the malfunctioning sprinkler system area shall be irrigated by a portable irrigation method until all authorized repairs have been completed to the Project Manager or designee's satisfaction. Each irrigation controller(s) and system shall be checked weekly for proper water scheduling and coverage. Make all necessary adjustments to heads, which throw onto roadways, walkways, windows, or out of intended area of coverage. Contractor shall clean and adjust sprinkler heads as needed for proper coverage. Each system shall be manually operated at the irrigation controller and observed on a bi- monthly basis. Controllers shall be programmed to water during nighttime hours between approximately midnight and 25E -38 7:00 a.m. No watering shall occur during the daytime unless associated with irrigation check/repairs or with prior approval by the Projects Manager or designee. h. Contractor shall provide irrigation personnel fully trained in all phases of landscape irrigation systems operation, maintenance, adjustment, and repair. This is to include diagnosis and repair of controllers, valve wires, control valves, lateral lines, gate valves, main lines, strainers, pressure regulators, backflow devices, moisture sensors, master valves, and electric pedestals. Contractor shall maintain an adequate stock of medium and high usage items for repair of all irrigation systems. Note: Contractor has the responsibility to adequately diagnose problems and take corrective action as called for in the contract specifications. Should the City be called upon to diagnose an irrigation problem that is Contractors responsibility, the City's labor and material cost incurred will be deducted from the monthly payment to Contractor. Automatic controllers and /or enclosures shall be locked while unattended. All controller enclosures must be painted in approved colors, as needed, to prevent rusting and maintain good appearance. System Maintenance: Once a year during the month of March, Contractor shall wipe down the equipment in the irrigation controller cabinet to remove all dust and dirt, clean all electrical connections, install bait traps for control of ants, replace batteries as required, clean and remove intruding soil in valve boxes and replace gravel, as originally specified. All hinges and locks shall be regularly oiled to ensure trouble free operation. m. Sprinkler heads shall be kept clear of overgrowth that may obstruct maximum operation. n. Repairs made to the irrigation system must be made in accordance with the system's original design with products equal to or higher quality than currently provided. Workmanship shall be performed in accordance with industry standards. o. Contractor shall be responsible for regular monitoring of all systems and correcting for: coverage, 25E -39 adjustment, and clogging of lines and other sprinkler components. p. All irrigation systems shall be inspected and adjusted on a weekly basis or more frequently as required, considering the water requirements of each remote control valve. A written irrigation tracking sheet indicating the system location, date inspected, and watering schedule shall be submitted to the Projects Manager or designee at the end of each week. q. Contractor shall observe and note deficiencies occurring from the original design of facilities and review these findings with the Projects Manager or designee so necessary improvements can be considered. r. All leaking or defective piping, valves, or other system components shall be repaired within twenty -four (24) hours of detection. s. Particular attention shall be paid to all slope areas, which will, by physical nature, provide for greatest potential runoff, which can contribute to erosion. t. Contractor shall turn off controllers when adequate rainfall is anticipated. u. In the event of irrigation system failure, manual watering required to keep the plant material in a vigorous, healthy condition is to be provided by Contractor at no additional cost to the City. v. At no time shall Contractor utilize a fire hydrant for irrigation purposes without written authorization by Projects Manager or designee. w. Contractor will keep system in operation by valve or head adjustment to keep all systems operating at manufacturer's recommended operating pressure. This shall be accomplished by valve throttling pressure gauging. The valves should be throttled to prevent sprinkler heads from fogging, allowing droplets for effective watering. The Projects Manager or designee may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system. x. All valve boxes, controllers, and backflow devices shall be kept clear of plant growth. 25E -40 y. Contractor shall be responsible for periodic inspection of surface drains located within the landscaped areas. These drains shall be checked to assure proper functioning. Remove any debris or vegetation that might accumulate at the inlet and prevent proper flow of water. z. Any erosion damage because of Contractor's failure to keep the surface drains clear shall be repaired at Contractor's expense. G. SANTA ANA REGIONAL TRANSPORATION CENTER (SARTC) The Contractor shall provide complete landscape maintenance, including, but not limited to, pruning, trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover, irrigating plant material; maintaining and repairing irrigation systems and removing organic waste material at the SARTC. Contractor will perform the following special landscape maintenance at the SARTC; 1) Perennial /Annual Color: All perennial /annual color beds shall be maintained and planted /rotated three (3) times per years (first week of January, May and September) detailed in "Annual Color Planting and Maintenance Specification ", below. a. Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but Contractor must be prepared to incorporate the organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tiled to an 8" depth. Apply 1.5 pounds of nitrogen per 100 sq. ft. as a complete low nitrogen material with aeration of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks, clods and other material must be removed from the bed. During planting gently crush the root mass with fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth 25E -41 out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plants material (deeper for larger pots). b. Plants are to be rotated three times a year and must be kept disease free and healthy on a consistent basis. There shall be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants must be 4" pot size and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited to the following annual bedding plants as approved by the Projects Manager or designee: Spring /Summer — Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle), Zinnias. Fall/Winter — Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism: Contractor shall replant/replace missing /damaged plants within 48 hours as part of routine maintenance. The Projects Manager or designee shall be the sole judge of whether above specifications are met. The Projects Manager or designee shall also approve the types and combination of color bedding plants prior to installation. 2) All Turf at the SARTC shall be considered priority turf, for turf care purposes. 3) All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved mechanical or chemical methods. The Contractor shall inspect four times a week all landscaped areas (turf, trees, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his /her expense using the safest and most expedient method. H. GENERAL MAINTENANCE AND CLEAN -UP a. The Contractor shall collect all clippings, trimmings, cuttings, rubbish and debris, and posted signs at all work sites and dispose of same in a lawful manner per contract requirements at the Contractor's expense. 25E -42 b. All trash and debris shall be removed from all worksites a minimum of one (1) time per week. C. The Contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance, or prevent plants from being smothered by seasonal leaf drop at least weekly or as directed by Projects Manager or designee. d. After heavy windstorms, the entire contract area shall be cleaned of litter, fallen branches, etc. Contractor shall respond to calls from Projects Manager or designee immediately. Contractor shall patrol all areas during heavy windstorms for trees down, fallen branches, hanging branches, debris, and other potential hazards. e. The Contractor shall keep sidewalks and all paved areas in the medians and under overpasses swept and cleaned of any debris, weeds, dirt or soil. Tree wells shall be maintained weed free. OTHER REQUIREMENTS 1) Replacement of Plant Material a. The Contractor shall notify the Projects Manager or designee within forty eight (48) hours of the loss of plant material due to any cause. b. The Contractor shall remove shrub, turf or ground cover, which is damaged or lost due to any cause at no cost to the City. The size and species of replacement shrubs, turf or ground cover plants shall be as directed by the Projects Manager or designee. C. In order to ensure maximum healthy growth and overall aesthetic appearance of planting in the work area, it may be desirable to replace certain plants. The necessity or desirability of such plant replacement shall be determined by the Projects Manager or designee. d. The Contractor shall replace, at Contractor's own expense, any turf, ground cover, shrubs, or other plant material requiring replacement through normal attrition or due to infestation or to negligence resulting from Contractor's failure to provide maintenance in accordance with the provisions of this agreement. It is the intention of the City to require a high level of quality in landscape maintenance compatible with standard practice as determined by the Projects Manager or designee. 25E -43 2) 3) 4) 5) 6) New Construction Where new construction or redevelopment may involve a significant part of a work site, the Projects Manager or designee may delete a portion of or the entire work site from contractual maintenance during the construction and plant establishment period. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the contractor. The amount of reduction will be based on the percentage of area involved and agreed upon by the City and the Contractor. Inspection The Projects Manager or designee shall weekly inspect the work area to ensure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor's supervisor of the duty to provide continuous inspection of the work area. Contractor shall provide a dedicated supervisor to Santa Ana for this contract. Discrepancies and deficiencies in the work shall be corrected by the Contractor immediately. The City expects a high level of service and maintenance. New Maintenance Areas Additional routine maintenance may be added to this contract. Payment for add -on maintenance shall be computed on a square foot cost per contract bid prices. Arterial Sidewalk Maintenance Contractor shall remove all weeds in the sidewalk and tree well areas, remove sucker growth on parkway and sidewalk trees, trim vines along walls so as not to allow plant material to impede pedestrian traffic or grow onto sidewalk areas, and remove any debris and trash weekly. Contractor shall spray a pre- emergent to discourage future weed growth. Additional arterial sidewalk maintenance may be added to this contract. Payment for add -on maintenance shall be computed on a lineal foot cost per contract bid prices. Damage Repair All damage incurred by the Contractor's operations shall be repaired or replaced in kind and size at the Contractor's expense. 2. Irrigation repairs shall be completed within twenty -four (24) hours using approved materials. 3. Non - irrigation repairs shall be completed within seven (7) 25E -44 working days and shall be repaired using only pre- approved materials. 4. Contractor shall be responsible for repair - related maintenance such as, but not limited to, watering and fertilizing of replaced plant materials until accepted by the Projects Manager or designee. 7) Vandalism Contractor shall be responsible for the labor to repair damaged landscaping caused by vandalism or vehicle accidents with material costs to be reimbursed by City. The Contractor shall submit invoicing to establish cost of materials. J. ANNUALS 1) Areas designated for annuals planting shall be rotated on a triannual (three times a year) basis. 2) Appearance of designated areas shall be kept fresh and vigorous at all times. K. PENALTIES AND FINES Failure to comply with specifications of contract or requests from the Projects Manager or designee and /or creating unnecessary delays, as determined by the Projects Manager or designee, may be cause for fines and penalties in the amount of $300.00 per occurrence per day until said request(s) is completed. This shall be deducted from routine monthly maintenance payments. Failure by Contractor to provide certain maintenance functions /deliverables within the timelines called for in this specification not limited to (and itemized below) will result in a penalty of $300.00 (called out for in contract) for each occurrence being withheld from Contractor's current monthly invoice payment. 1. To take immediate corrective action to landscape that is stressed due to lack of water, insect and weed infestation 2. To provide schedules 3. To utilize City - supplied water meter 4. To perform as indicated on the work schedule 5. To respond to emergencies within thirty (30) minutes 6. To correct unsafe conditions within twenty -four (24) hours 25E -45 7. To remove litter /debris from site the same day it is scheduled for cleaning 8. To avoid blowing or sweeping debris onto private property, streets, parking lots, or storm drains 9. To irrigate adequately 10. To remove weeds within three (3) days and any subsequent day beyond three (3) days 11. To inspect irrigation systems 12. To repair irrigation within twenty (24) hours 13. To cease irrigation during rain when additional soil moisture is not needed. (Per Controller) 14. To mow turf and edge weekly 15. To provide litter pick up weekly 16. To add additional personnel and equipment to complete specification Continued failure of the contractor to provide acceptable services shall give the City the right to deliver the services by other means for said deficiencies and back - charge the Contractor for the incurred costs including administrative costs associated with having the work completed by other means. L. ARTIFICIAL TURF CARE 1) Cleaning a. All artificial turf shall be cleaned weekly. All trash, debris, leaves, etc., shall be removed by mechanical blower and /or by hand. Care shall be exercised as to not displace infill sand. Infill sand displaced due to contractor negligence shall be replaced at Contractor's expense. All pet waste shall be removed weekly. Areas receiving high pet traffic shall be sterilized using approved products. C. Graffiti shall be removed using manufacturer approved methods within 24 hours of notification. Graffiti removal will be considered extraordinary maintenance. d. All metallic objects shall be removed monthly through use of magnetic device designed to remove metal debris. 25E -46 2) Maintenance a. All artificial turf areas flattened due to heavy foot traffic shall be realigned by use of a power broom on a biweekly basis. b. All artificial turf areas shall be maintained through the use of a power broom annually to realign turf blades. All infill sand quantities shall be checked annually and refilled as needed. Annual power brooming and infill sand maintenance shall be considered extraordinary maintenance. C. All artificial turf areas shall be inspected for weeds weekly. All weeds shall be treated with an approved herbicide. d. All artificial turf areas shall be regularly inspected for raised or loosened seams and edges. Repair of seams and holes shall be reported to the Projects Manager or designee immediately. M. DROUGHT TOLERANT SHRUB 1) Pruning All shrubs growing in the work areas shall be pruned minimally. Removal of dead or damaged limbs or branches shall be made cleanly with sharp pruning tools so that no projections or stubs remain. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. Shear hedging or severe pruning of plants shall not be permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the contractor shall be responsible to replace those plants with like kind and size as determined by the Projects Manager or designee. 2) Renovation Shrubs shall be thinned and pruned, separated and /or relocated for the health of the plants and the appearance of the site, and at such other times when directed by the Projects Manager or designee. Bare shrub areas shall be replanted in the months of October through March with plant material of the same species one time per year at no additional cost to the City. 3) Watering All drought tolerant planting shall be properly irrigated to maintain a healthy condition. Amount of water and application must be properly controlled. 2. Drought tolerant plantings need proper deep watering practices to encourage deep root system development. 25E -47 This involves irrigating for longer periods of time, on an infrequent basis. Plants with a shallow root system resulting from frequent light watering will not be drought tolerant. C. During the initial installation period, which is approximately 3 months following actual planting, more water will be required. Plant material shall be watered weekly for optimal growth. If material is planted or replaced during the warmer weather months, that period may be longer, and watering should be increased to every third day. 3. After the installation period, and during warmer summer months, shrub areas shall be provided with infrequent, monthly, deep watering for optimum growth. 4. Following one full seasonal cycle, minimum 12 months, plant is usually established and only supplemental water will be required during periods of extreme conditions. Contractor should monitor material for stress and adjust watering accordingly. 5. Wherever or at any time that an irrigation system is damaged, fails or does not adequately water the shrub area in which it is installed, the Contractor shall manually water. 6. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed Contractor negligence, as determined by the Projects Manager or designee, and replaced at Contractor's expense. 4) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Projects Manager or designee, at no additional cost to the City. IV. EXTRAORDINARY MAINTENANCE A. The replacement of plant material, or the repair or replacement of irrigation system equipment may be considered extraordinary maintenance if damage or malfunction is mainly caused by any of the following: (1) Acts of God (2) Civic Disorder 25E -48 (3) Excavation or re- surfacing of the street (4) Power failures (5) Underground wiring damage B. Any minor upgrading work, or installation, as directed by the Projects Manager or designee, shall also be paid to the Contractor as extraordinary. Any extraordinary maintenance requests from the City shall be confirmed in writing, accompanied with an estimate of cost within five (5) working days. The Contractor shall contact the Projects Manager or designee at least four (4) hours in advance before commencing any extraordinary maintenance work and seek prior approval before the work is scheduled. C. City shall pay for such extraordinary maintenance as follows: 1) Materials. The City shall pay market rate cost to the Contractor for the cost of materials used in extraordinary maintenance from the supplier upon receipt of invoice with receipts. All materials and parts shall be new or approved by the Projects Manager or designee if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. 2) Direct Labor. Contractor shall present with Contractor's monthly invoice a record of hours spent and locations serviced in extraordinary maintenance. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workers for health and welfare, insurance, workers' compensation, pension, vacation, sick leave or local, State, Federal and union tax or assessment. VII. REQUIRED REPORTS The successful Contractor will be required to submit the following reports as part of this agreement: A. Annual Maintenance Schedule B. Weekly Maintenance Schedule C. Monthly Chemical Use Report (as sent to County Agriculture Commission) D. Monthly Fertilizer Use Report 25E -49 E. Proposed Pesticide List with EPA numbers F. Monthly irrigation inspection checklist report (to include but not limited to, controller location, address, and site inspection for all sites and a list of any repairs required) G. Manual irrigation schedule H. Annual pesticide safety training records I. Monthly routine maintenance report J. Monthly extraordinary maintenance report K. Monthly accident report L. Monthly vandalism report VIII. INVOICING The successful Contractor will be required to submit invoices for work completed as described below: A. Separate invoice for Routine Maintenance B. Separate invoices for Extraordinary Maintenance One day = One invoice C. Separate invoice for materials used only for accident repairs Per occurrence and location One day = One invoice D. Separate invoice for materials used only for vandalism repairs Per occurrence and location One day = One invoice 25E -50 Maintenance Frequency Schedule Turf Maintenance Mowin Once /Week Edging At each mowing Clipping Removal At each mowing String Trimming At each mowing Fertilize Four 4 times a year Pest and Weed Control As needed Visual Inspection Weekly Chemical Weed Control As needed Ground Cover Maintenance Trim Monthly Fertilize Four 4 times a year Pest and Weed Control As needed Visual Inspection Weekl Pre - emergent herbicide Minimum once a vear or as needed Shrub, Vine and Tree Maintenance Trim Shrubs Monthly or sooner if needed Vines Six 6 times a year Trees As needed Fertilize Four 4 times a year Visual Inspection Weekl Pre-emergent herbicide Minimum once a year or as needed Maintenance Grounds Policing/Litter Removal Santa Ana Regional Transportation Four (4) days /week Ctr All other Areas Once /Week 25E -51 EXHIBIT B ROUTINE MAINTENANCE LOCATIONS MEDIANS, PARKWAYS, LINEAR PARKS, PARKS AND SERVICE ROAD DIVIDERS (Includes all landscape and all hardscape /sidewalk areas not subject to vehicular traffic except in residential neighborhoods) Code Worksite Limits M -1 Bear St. Segerstrom Ave. to South City Limit M -2 Bristol St. North City Limit to South City Limit M -3 Broadway S/O Civic Center to 1 st St.; M -4 Cabrillo Park Dr. 17th St. to 1St St. M -5 Chestnut Ave. At Lyon St. M -6 Civic Center Dr. At BFeadway to SyGamere M -7 Dyer Road / Segerstrom Ave. East City Limit to West City Limit M -8 Edinger Ave. East City Limit to West City Limit M -9 Fairview St. North City Limit to South City Llmit M -10 Flower St. 1St St to North City Limit M -11 Grand Ave. North City Limit to South City Limit M -12 Harbor Blvd. North City Limit to South City Limit M -13 MacArthur Blvd. East City Limit to West City Limit M -14 Main St. North City Limit to South City Limit M -15 McFadden Ave. East City Limit to West City Limit M -16 Memory Lane East City Limit to West City Limit M -17 Oakmont Ave. At Santa Clara Ave. M -19 North Park Blvd. Flower St. to Broadway M -20 Plaza Dr. MacArthur Blvd. to Sunflower Ave. M -21 Raitt St. McFadden to Edinger —E/S M -21 A Raitt St. MacArthur Blvd. to Sunflower Ave. M -22 Santa Ana Blvd. Grand Ave. to Raitt St. M -23 Tustin Ave. North City Limit to 1St St. M -24 Warner Ave. East City Limit to West City Limit M -25 Willits St. East of Fairview St. M -26 1 St St. East City Limit to West City Limit M -27 4th St. Tustin Ave. to 1 -5 M -28 17th St. / Westminster East City Limit to West City Limit NEIGHBORHOOD ENTRY AREAS (Includes all landscape and all hardscape not subject to vehicular traffic) Code Worksite N -1 1 st Street slopes) N -2 Wright Street N -3 Cedar Street N -4 Cypress Avenue N -8 English 25E -52 Location Standard to Grand (underpass At Palm Street Diverter At McFadden Avenue At Walnut Street At 15th Street N -12 French Street N -14 Hathaway Street N -15 Highland Street N -16 Jackson Street N -19 Lowell Lane N -22 Macarthur Boulevard N -26 Memory Lane N -28 Park Lane N -29 Park Lane N -30 Santa Clara Avenue N -31 Santa Clara Avenue N -32 Santiago Street N -33 Segerstrom Avenue N -36 St. Gertrude Place N -38 Towner Street N -40 Washington Avenue N -41 Washington Avenue N -42 Washington Avenue N -43 Washington Avenue N -45 10th Street N -46 19th Street N -47 19th Street OTHER AREAS At Civic Center Drive At Santa Clara Avenue At Fairview Street At 1 st Street At Santa Clara Avenue Hutton Centre At Lowell Lane (SE & SW) At Bristol Street At Santiago Street At Bristol Street At Broadway At 20th Street At Douglas Street (SE) At Broadway (N/W & S/W) At Santa Clara Avenue At Bush Street At Harbor Boulevard At Louise Street At Olive Street At Spurgeon Street At Broadway At Jefferson Place (Includes all landscape and all hardscape /sidewalk areas not subject to vehicular traffic except in residential neighborhoods) Code Worksite O -1 Alton 0-2 Edinger 0-3 Edinger 0-4 Broadway Avenue 0-5 Bush Street 0-6 Edgewood Avenue 0-7 Edinger Avenue 0-8 Edinger Avenue 0-9 Edinger Avenue 0 -10 Flower Street 0 -11 Flower Street 0 -12 Flower Street 0 -13 Flower Street 0 -14 Grand Avenue 0 -16 Heliotrope 0 -17 Lincoln Avenue 0 -18 MacArthur 0 -19 Main Street 0 -20 Main Street Locations Bristol to Fairview; bike trail & Landscape Santa Ana River; Slope N/E Broadway to Flower (blockwall); N/S 5 Fwy off ramp; blockwall W/S Edgewood Ave. to Santa Clara Avenue Main Street (Caltrans -frwy loop) N/S Broadway to Flower (blockwall) N/S Off -ramp loop (SB 55 fwy at Edinger) Magnola Avenue N/E Cul -de -sac (at the 1 -5) MacArthur Boulvard to Sunflower E/S Santiago Bridge N/E corner Santiago Bridge N/W corner Ramp loops (including adjacent areas, both sides of 1 -5) Blockwall Vines (N /O 17th St.) 5 frwy North to Fairhaven; Metrolink Main; Sandpointe Vines On ramp loop and slope (SB 5 fwy) At Sunflower Avenue (block wall vines) 25E -53 0 -23 Penn Way 0 -24 1 st Street 0 -25 Catalina 0 -27 17" St; 0 -28 Bristol Off ramp loop (SB 5 fwy S/0 17th St.) Santa Ana River; Area N/W At Tustin Avenue On ramp Loop (N /B 5 Fwy at Santiago) & La Veta (SR -22 Cal Trans fwy loops) PARKING LOTS (Includes all hardscape on surrounding lots) Code Worksite Limits P -1 Bristol St., North of Edinger Ave. (East side) WATER RESERVOIR FACILITIES Code Worksite W -1 2315 -2415 North Bristol St. W -3 1730 South Santa Fe St. W -4 1718 Sydney St. W -5 723 West Walnut St. W -6 921 West Walnut St. MONTHLY MAINTENANCE LOCATIONS (no landscape, no irrigation) W -7 Cambridge Station (2736 N. Cambridge) W -8 South Station (behind property line and not the parkway) (1727 W. Alton Ave.) W -9 West Station (Mountain View South of First) ROUTINE MAINTENACE LOCATION THE SANTA ANA REGIONAL TRANSPORTATION CENTER Code Worksite Limits R -1 1000 E. Santa Ana Blvd Courtyard 25E -54 Planters, Tree wells and ROUTINE MAINTENANCE LOCATIONS ANNUALCOLOR (rotated 3 time a year) Code Worksite AC -1 Highland St. AC -2 Kilson Dr. AC -3 Macarthur Blvd. AC -4 Mohawk Dr. AC -5 Park Ln AC -7 Santa Ana Blvd. AC -8 Santa Clara Ave AC -9 Santa Clara Ave AC -10 Willits St. AC -11 19th St. AC -12 19th St. 25E -55 Limits Fairview St. Edinger Ave.; north and south Flower St. McFadden Ave. Bristol St. Transportation Center Bristol St. Broadway Ave. Fairview St. Broadway Jefferson Place EXHIBIT C CONTRACT PRICING 25E -56 M A. R 1 P 0 S A. L A N D S C A P E S I N C June 4, 2013 City of Santa Ana Public Works Agency 220 S. Daisy Ave. Santa Ana, CA. 92703 Phone # (714) 647 -3308 Fax (714) 647 -3345 Attn: Danell Mercado - Project Manager Ms. Mercado, Thank you for the opportunity for Mariposa Landscapes to be considered in providing Median Landscape Maintenance Services for the City of Santa Ana. During the hiring of needed personnel, Mariposa will be looking for qualified applicants within the City of Sana Ana first. We currently employ 25 people who live in the City of Santa Ana. Since our office and yard are in The City of Santa Ana, we concentrate our hiring efforts locally first. Some of the purchasing of material and equipment will be done within the City of Santa Ana. These local suppliers within the city are: Whitecap Industries, Crop Production Services, Santa Fe Auto Repair, McFadden - Dale Industrial Hardware and Alans Lawnmower & Garden Center. We are always looking to use local services to help support the local economy. Respectfully submitted, t... ry Robert Austin - Chief Estimator robert@inariposa- ca.com (626) 960 -0196 ext. 319 (626) 960 -3809 fax 15529 ARROW FHGHWAY, IRWINDALE, CA 91706 CA LANDSCAPE CONTRACTORS LICENSE NO, 592268 TEL. 626 a 960 a 0196 FAX 626.960. 8477 25E -57 *RFP — Pane_ 62 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LANDSCAPE MAINTENANCE SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 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 A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that l am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal!. Proposal Item Price - Pricing shall be based on a unit cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. ROUTINE MAINTENANCE PRICING City of Santa Ana -- Median Landscape Maintenance RFP Amendment No. 1 Page 8 25E -58 �pA�. �.. - if T g . IIyTI r .;,. NIT _ .PRIr'.. EX ENDEW .Q�li1E: 1 Medians, Linear Parks and Service Road Dividers 1 Month 12 29,830 $ 357,960.00 $ 2 Neighborhood Ent , Areas 1 Month 12 3,400.00 $. _ -_. 40,800.00 $ . 3 Other Areas 1 Month 12 $'000.00 $ 24,000.00 4 Parkin Lots 1 Month 12 $ ,400.00 $ 40,800.00 5 Water Reservoir Facilities 1 Month 12 $4,400.00 $ 52,800.00 8 A#"1a1 Sidewatk- Maintenance 4 AAoMh 42 $-- $M- -------- _...., 7-6 Regional Transportation Center 1 Month 12 $ 2,400.00 $ 28,800.00 87 Annual Color 1 3 X Yr 3 $1,000.00 $ 3,000.00 Total Contract Amount (Add Lines 1 thru 87): $ 548,160 .00 City of Santa Ana -- Median Landscape Maintenance RFP Amendment No. 1 Page 8 25E -58 City of Santa Ana Median landscape Maintenance RFP Page 63 25E -59 WRAOR,DINARY pLAN71hiG EXTRAORDINARY PLANTING 1. 161' box Tree; standard .trunk 36 ". box "1 ros• mu _ b's#8f14nl1rttrik .. C7t- IV, . 24" box Tree• m.01 tr nk o ca V1, .6 gal plant i CIO- 1,gal :.lent op Mat ot. grklialcolor .. • 16 ' ;F1at Qf roand;color Modposs Landscapes, Inc, 626- 980 -d196� 621- 96M0,81 77 LEGAL NAME OF GOMPANY i?HQNF AND FAX NUMBI 09 15529 Arrow Highway, Irwhoals, CA 91748 BUSINESS ADDRESS 84-4245898 592268 FEDERAL ID NUMBER CWRACTOR LICENSE NUMSEW City of 8ente Ana Madian Le ndsaao NWntenanco RFP Wage 64 25E -60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AMENDMENT TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC., AND REQUEST FOR PROPOSALS FOR BUS SHELTER AND BEN ERVICES IT AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the Public Works Agency to extend the bus shelter and bus bench services agreement with Clear Channel Outdoor, Inc., for a period not to exceed 12 months, on a month -to -month basis, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve issuance of a Request for Proposals to qualified firms for exclusive bus shelter and bus bench services. DISCUSSION Since December 8, 2000, the City has had an exclusive agreement with Eller Media Company /Clear Channel Outdoor, Inc., (Clear Channel) to provide bus shelters and benches in the public right -of -way at bus stop locations throughout Santa Ana. This agreement was extended and is set to expire on June 30, 2013. The purpose of having bus shelters and benches is to provide bus patrons with shelter from the elements, a location visible to the public, a safer environment at night, and a location for the disabled and elderly to rest while waiting for the bus. Clear Channel provides 137 advertising bus shelters and 684 non - advertising bus benches, with at least one trash container at each shelter or bench at OCTA bus stops in the city. Clear Channel also provides two additional non - advertising shelters for public service announcements at locations selected by the City. In October 2012, the Environmental and Transportation Advisory Committee (ETAC) reviewed the Bus Shelter Program and options for future improvements. ETAC approved their Ad Hoc Committee's recommendations for a new bus shelter design by a vote of 4 to 0 (1 absent). After researching recent bus shelter agreements with other Orange and Los Angeles County cities, it was determined that declining advertising revenue could jeopardize RFP responses if there was only a request for new bus shelters. Therefore, to increase the potential for RFP responses, staff prepared a RFP Scope of Work that includes options for both the maintenance and refurbishing of existing shelters and benches, and for the installation and maintenance of new bus shelters (Exhibit 1). 25F -1 Amendment to Agreement with Clear Channel Outdoor, Inc., and RFP for Bus Shelter and Bench Services June 17, 2013 Page 2 Staff is requesting City Council approval to extend the existing agreement with Clear Channel on a month -to -month basis for up to 12 months for the purpose of completing a RFP process to solicit proposals for the required services from qualified bus shelter and bus bench service providers. Staff will return to the City Council with a recommended contract award, once the RFP evaluation and selection process has been completed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The extension of this agreement is expected to generate $20,000 per month in General Fund revenue (Account 01117002- 51004). Raul Godinez II, .E. Executive Director Public Works Agency RG /CK Exhibit: 1. Scope of Work 2. Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 Exhibit 1 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BUS SHELTER AND BUS BENCH SERVICES SCOPE OF WORK DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for bus shelter and bus bench maintenance services. Staff requests a response to Proposal 1 and the Alternate Proposal. A response to Proposal 1 and the Alternate Proposal is mandatory. A. PROPOSAL 1 — a response to Proposal 1 is mandatory. ITEM 1 BUS SHELTER AND BUS BENCH MAINTENANCE AND REPAIR Item 1 is to provide bus shelter and bus bench maintenance services for the current inventory of 137 advertising bus shelters, 2 non - advertising bus shelters, and 684 non - advertising benches, with at least one associated trash container at each shelter or bench for bus stops identified by the Orange County Transit Authority (OCTA) in the City. The Proposer shall provide a percentage of net revenue (advertising revenue less the bus shelter maintenance cost herein requested) to be paid to the City as an Exclusive Agreement Fee, the projected net revenue, and the annual dollar amount this percentage would represent (Exhibit B). Contractor is to maximize advertising opportunities and revenue. Should the City choose to add additional bus shelters, that shall be done at its own cost including installation by others, Proposer will apply the same calculation to added shelters for the advertising revenue and include that in the annual Exclusive Agreement Fee. Maintenance And Repair Specification For Bus Shelters And Bus Benches The Contractor shall maintain, repair, clean, and service all shelters and benches, keeping them, their appurtenances, and the immediate surrounding areas in a safe, clean, attractive, and sanitary condition. The Contractor shall be at liberty to enter into and upon shelters and benches between the hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday, with personnel and all necessary equipment and materials to provide for the satisfactory maintenance, clean -up, and trash removal on each shelter /bench a least twice each week. Each shelter, bus bench and the 10- foot area surrounding the shelter /bench shall be completely steam cleaned as needed, but not less than twice each year. Should the City determine that any shelter or bus bench is in need of a cleaning, Contractor shall clean, or have cleaned, such area within forty eight (48) hours after notification by the City. The Contractor Shall repair, remove, or replace damage, vandalism, or graffiti, including etching and other forms of graffiti and /or vandalism damage, within forty - eight (48) hours after having been found at the time of a routine maintenance call or upon notification by the City. If shelter or bench damage or vandalism is such that the public could be exposed to a dangerous situation while in or near the shelter or bench, the Contractor shall repair or, if necessary, remove the entire shelter or bench 25F -3 within twenty -four (24) hours of notification, and it shall be replaced and fully operational at the same location within five (5) working days after removal. The Contractor shall furnish to the Executive Director of Public Works, or his designee, a monthly, updated database summary report of its shelter maintenance operations in a GIS mapping format (format to be approved by the City). All maintenance work and corrective actions shall be performed at the expense of the Contractor. Contractor's personnel, equipment, and /or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with City policies. ITEM 2 - SECURE BIKE FACILITY MAINTENANCE AND REPAIR SPECIFICATION ITEM 2 is to provide secure bike facility maintenance to three secure bike facilities. Proposer is to determine annual cost to the City (Exhibit B). The City will be installing three secure bike facilities at various locations throughout the City. Bike units are a transparent, modular type system with vertical mounts for bike storage, per the following: • Contractor shall coordinate marketing and advertisement with City of Santa Ana for public outreach and awareness and includes provision of graphics for panels. • Service shall include necessary maintenance and repair as required to ensure safety, proper function and use. • Facilities shall be inspected on a weekly basis for leaks, corrosion, dents, bulging, rust, broken glass, graffiti, inoperative lights, and /or other damage and repaired /replaced when necessary, within 1 -week period, pending lead time of parts. • Address graffiti within a 24 hour period. ITEM 3 — REFURBISH AND REPAINT EXISTING BUS SHELTER, BUS BENCH AND TRASH CONTAINER INVENTORY ITEM 3 is to refurbish and repaint the existing bus shelter, bus bench and trash container inventory, in place, at the rate of 10 — 15 bus shelters and associated bus benches and trash containers per year. Proposer is to determine annual cost to the City (Exhibit B). B ALTERNATE PROPOSAL — a response to Alternate Proposal is mandatory. The Alternate Proposal is to provide bus shelter and bus bench maintenance services in addition to replacing the current inventory count with new advertising bus shelters, new non - advertising benches, with at least one associated new trash container at each shelter or bench for bus stops identified by the Orange County Transit Authority (OCTA) in the City. For purposes of this proposal, assume a cost of $10,000 per new shelter to the proposer, and assume shelters are replaced at the 25F -4 rate of 14 per year. Proposer to provide percent of net revenue (advertising revenue less maintenance cost) to be paid to the City as an Exclusive Agreement Fee, the projected net revenue, and the annual dollar amount this percentage represents (Exhibit B). Contractor is to maximize advertising opportunities and revenue. Should the City choose to add additional bus shelters at its own cost including installation by others, Proposer will apply the same calculation to these shelters and include in the annual Exclusive Agreement Fee. (Should the Proposer determine that providing new shelters is not financially supportable, a statement to this effect will be considered responsive.) Bus Shelter and Bus Bench Installation Prior to commencement of construction, the Contractor shall obtain the written approval of all plans and specifications for the bus shelter improvements to be constructed. No modification of said plans, specifications, or improvements shall be made by the Contractor without approval thereof by the City. Contractor agrees that the City may have an inspector on site at any time during the construction. The Contractor shall construct, perform, complete, and maintain all construction and installations covered by the Agreement in a good and workmanlike manner and with high quality materials, and shall furnish all tools, equipment, labor, and material necessary to perform and to complete the same. Upon completion of the improvements, Contractor shall furnish the City with one (1) complete set of as -built construction drawings with a maximum size not to exceed 24" x 36" in ink on Mylar. Upon review by and consultation with the City Attorney, the Contractor shall provide such insurance coverage as the City reasonably deems necessary for the contemplated installation. II. CONTRACTOR RESPONSIBILITIES A. ELECTRICAL SERVICE The Contractor shall apply for and obtain at its own cost any necessary electrical service permits from the Southern California Edison Company. Metered electrical charges shall be at the Contractor's sole expense. Solar powered electrical lighting systems are not to be used. B. ADVERTISING The City reserves the right to require the Contractor to transmit to the City color copies of any or all advertisements proposed to be placed in the shelters for review prior to the ads being placed. Should the City, at its sole discretion, determine any advertising on any shelter to contain harmful and offensive matter or constitutes a display that is likely to interfere with, mislead, or distract traffic, or conflict with any traffic control system, the Contractor shall remove all such advertising within twenty -four (24) hours after the City serves a written notice upon the Contractor to remove such advertising. C. PUBLIC SERVICE MESSAGES 25F -5 The Contractor shall, at least four (4) times per year, for at least twenty -eight (28) calendar days each time, display at least one (1) public service announcement in lieu of paid advertising in up to fifteen (15) bus shelters identified by the City. Contractor shall arrange for, at its own cost and expense, production, service and installation of the public service announcements upon consultation with the City. The City shall be entitled to specify certain public service messages to be displayed and shall approve all public service messages. D. CHANGED LOCATIONS In the event that a bus route is altered or deleted such that any bus shelter /bench will no longer serve as an active bus stop location, the Contractor shall, within thirty (30) days after notification from the City of Santa Ana, relocate the bus shelter /bench and appurtenances to a new location designated by the City. The vacated location shall be restored to its original condition, including complete replacement of the affected sidewalk sections, within that same time period, by Contractor at its own cost and expense. E. CONSTRUCTION BY CITY AFFECTING BUS SHELTERS AND BENCHES In the event the City shall construct or cause to be constructed a new facility or roadway improvement impacting a bus shelter or advertising thereon, the Exclusive Agreement will continue in full force an defect. Contractor agrees to cooperate with the City in the event the construction affects the shelter by vacating and removing and storing shelters at its own cost and expense where needed for such periods as are required by the construction of the new facilities. Upon completion of the new facility, Contractor shall restore bus shelter /bench operations to prior operational level or better therefrom within thirty (30) days. F. RIGHT OF REMEDY /ENTRY Should the Contractor be deemed deficient, as determined by the City, in the performance of its obligations, the City, in addition to all other available remedies, may, but shall not be so obliged to, correct Contractor's deficiencies using City forces, equipment, and materials, or by employing a separate private contractor. City's costs so incurred, including direct and indirect overhead costs as determined by the City, shall be reimbursed to the City by the Contractor and /or its sureties within thirty (30) days of demand thereof. G. SURRENDER Upon expiration or cancellation of the Agreement term, all bus shelter /bench improvements, new bus shelters /benches, and trash containers shall become the property of the City of Santa Ana and shall be surrendered to the City in a reasonably good condition, subject to the City of Santa Ana's right to demand removal of the shelters and restoration of the respective public improvements to their proper and original condition at Contractor's own cost and expense. III. TERMS AND CONDITIONS A. TERM 25F -6 The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate at the end of ten (10) years, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to two (2) additional five (5) -year periods under the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. EXCLUSIVE AGREEMENT FEE — PAYABLE TO CITY 1. All exclusive agreement fees due to the City shall be paid quarterly in arrears. Late payments will be subject to a ten percent (10 %) penalty for each fifteen (15) days that payment is late. 2. Extra Work — Additional Bus Shelters, Benches, Trash Containers No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. C. PERFORMANCE BOND The successful proposer shall supply a performance bond in the amount of five - hundred thousand dollars ($500,000.00) prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the Contractor in the amount of the total annual contract amount. D. ACCESS TO RECORDS Contractor shall make its records, documents, books, reports, billing and methods of accounting available to the City's designated representative during normal business hours to allow such person to review, verify and audit said records. Said records shall be available during the term of this Agreement and thereafter for two (2) years. The Contractor shall maintain financial records in accordance with generally accepted accounting principles. E. INDEPENDENT CONTRACTOR During the entire term of this contract, Contractor shall be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which Contractor performs the 25F -7 services required by this contract. However, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. F. INSURANCE Prior to undertaking performance of work under this contract, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured(s) provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non -owned automobiles. 3. Workers' Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement, providing certificates of insurance on annual renewals. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. C. Certificates and policies shall state that the policies shall not be canceled 25F -8 or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 5. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death, or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or Contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors, and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, Contractors, subcontractors, or anyone employed directly or indirectly by any of them, or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. H. 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; mailed by first class or certified mail, postage prepaid; sent by telefacsimile communication; or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 With courtesy copy to: Executive Director, Public Works Agency 25F -9 City of Santa Ana 20 Civic Center Plaza (M -21) Santa Ana, CA 92701 714- 647 -5622 To Contractor: I. TERMINATION 1. The City reserves the right to terminate the contract as follows: a. In the event Contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Contractor violates any provision of this agreement, Contractor shall be deemed in default. City shall provide written notice of such default to Contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to Contractor's Project Manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Contractor's default. In the event of such termination for cause, City shall pay Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. b. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the Contractor either personally or by mail. Upon termination, City shall pay to Contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. c. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or Contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the Project Manager or designee determines that contract services are performed as well and as frequently as required by this agreement. d. Upon termination of the Agreement, whether by expiration of term or cancellation, Contractor shall assign to City all express warranties furnished by other persons in connection with the provision of labor and /or material to the works of improvement covered by the Agreement. J. CONTRACTOR OPTION FOR TERMINATION 25F -10 The Contractor may request termination of the contract when conditions during the contract term make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority, or in the event of nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to the requested contract termination date. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. K. LIQUIDATED DAMAGES If the City determines that the Contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of Contractor's breach, Contractor shall pay to City the sum of $500 per day for such breach, in addition to any cost, fines, etc., levied against the City. L. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. M. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety, and any other laws, regulations, ordinances, codes, and any other legislative or statutory requirements. N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of City, and any such assignment, transfer, delegation, or subcontract without the City's prior written consent shall be considered null and void. O. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason, of this contract. P. FINES 25F -11 Contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to Contractor provided services. 25F -12 Exhibit 2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 17, 2013, by and between Clear Channel Outdoor, Inc., a Delaware corporation ( "Grantee ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement # A- 2000 -179, dated December 8, 2000 (hereinafter "said Agreement ") by which Grantee was awarded the exclusive right to install, operate and maintain bus shelters and bus benches in the City of Santa Ana. B. The parties executed a First Amendment to Agreement A- 2009 -044, dated May 4, 2009, to extend the term for an additional three year period. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Compensation and extend the term on a month -to- month basis for up to twelve months, during which the City will request and review proposals for exclusive bus shelter and bus bench services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2, TERM, shall be amended to extend the term, on a month -to -month basis, for up to an additional twelve (12) months, through June 30, 2014, unless the Agreement is terminated earlier pursuant to the provisions of said Agreement. Notwithstanding the foregoing, City may terminate said Agreement upon thirty (30) days written notice if the review of proposals is completed and a new Grantee is capable of commencing services prior to June 30, 2014. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "As consideration for the continued exclusive rights granted by said Agreement, Grantee agrees to pay to City a monthly fee of $20,000, during the term commencing July 1, 2013." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25F -13 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement -on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ II, P.E. Executive Director Public Works Agency CITY OF SANTA ANA KEVIN O'ROURKE Acting City Manager CLEAR CHANNEL OUTDOOR, INC. (NAME) (Title) 25F -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: June 17, 2013 TITLE: AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER CI GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Match Point Tennis Academy, LLC in an annual amount of $48,000 for the management and operation of the Cabrillo Tennis Center for a five -year term with three five -year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency entered into a one -year license agreement with Match Point Tennis Academy in November 2007 and in 2008 a Five (5) year agreement for the provision of a tennis academy at Cabrillo Tennis Center. Under the direction of Elson De Cantuaria, a former professional tennis player who has an extensive background in tennis center management and administration, Match Point Tennis Academy has been successful in helping to revive the sport of tennis in Santa Ana by increasing the overall number of participants at the Cabrillo Tennis Center and introducing more young people to tennis by providing free training and consulting services to sponsored Santa Ana youth. In addition, Match Point has successfully completed key improvements to the facility to enhance the playability of the courts. Improvement projects completed by Match Point over the years include resurfacing the tennis courts, painting the light posts and perimeter fencing surrounding the tennis courts, replacing court windscreens, and aesthetic improvements to the interior of the existing clubhouse. The proposed operating agreement will authorize Match Point Tennis Academy to supervise and maintain the entire leased premises at the Cabrillo Tennis Center, including, the tennis courts, club house, Twist Basler House, Clay court, locker rooms and showers. Match Point will also be responsible for enforcement of safety practices and regulations consistent with the City's policies and regulations at the facility. Match Point will also continue to sponsor Santa Ana youth into its player development program and provide the residents of Santa Ana with a discounted court fee and priority use of the tennis courts. 25G -1 Management and Operation of The Cabrillo Tennis Center June 17, 2013 Page 2 The initial term of the operating agreement will be for five years, with four, five -year renewal options. With a one year notice, the City Council will be able to terminate this agreement without cause. Elson De Cantauria did inform the City that he would prefer a two year notice of termination without cause. Match Point will pay the City a monthly base rental of $4,000 (or $48,000 annually). This agreement will help achieve salary savings and other operational cost savings. FISCAL IMPACT Funds generated from the agreement will be deposited into the General Fund - Tennis Reservation account (account 01113002- 53318). Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency Approved as to Funds and Account: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25G -2 CABRILLO TENNIS CENTER EXTENDED OPERATING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND MATCH POINT TENNIS ACADEMY THIS EXTENDED OPERATING AGREEMENT ( "Agreement ") is made and entered into this 1" day of July, 2013, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "City ", and Match Point Tennis Academy, LLC, a California Limited Liability Company, herein referred to as "Operator ". RECITALS: A. City owns the real property and facilities commonly known as the Cabrillo Tennis Center, located at 800 N. Cabrillo Park Drive, Santa Ana, California. The Facilities include nine (9) lighted tennis courts, one (1) clay tennis court, the Twist - Basler House (excluding the second floor of the House), and a small tennis clubhouse complete with locker rooms and showers for players and business invitees, as herein described and shown in general on Exhibit A, attached hereto and incorporated herein ( "the Facilities "). B. The City desires to provide a quality tennis facility open to all its residents at the Cabrillo Tennis Center and desires to contract for such services with Operator. C. City desires that Operator operate and manage the Facilities for the purpose of accommodating a tennis facility and for no other purpose unless expressly agreed to in writing by the City. D. Operator represents that it is qualified to provide a quality tennis academy on the Facilities. In undertaking the performance of this Agreement, Operator represents that it is knowledgeable in this field and that any service performed under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. Operator's Director, Elson T. De Cantuaria, is experienced and qualified in operating a tennis academy. E. City entered into an Operating Agreement with Operator on July 1, 2008 ( #A- 2008 -165) ( "said Agreement ") for Operator to operate and manage the Facilities. Said Agreement was for an initial term of five (5) years and provided for four (4) additional extended terms of five -years each, provided that a Notice of Renewal was filed by the Executive Director as a memorandum to the City Manager no 25G -3 later than six months before the expiration of the current Term, and the extended term is approved by the City Council. F. The parties desire to extend the term for a five (5) year period. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1. Use of Facilities. City hereby licenses the Facilities to Operator on all of the terms and conditions set forth in this Agreement. Operator will have the use of the first and third floor of the Twist - Basler House and the City (or a tenant of its choosing) will have sole access to the second floor. 2. Term of Agreement. The Term this Agreement (the "Term ") shall be five (5) years. The Term shall commence on July 1, 2013 and shall expire on the fifth (5th) anniversary thereof, if not terminated earlier pursuant to the terms of this Agreement. This Agreement may be extended for up to three (3) more five -year terms upon City Council approval. Earlier termination of this Agreement shall be in conformance with Section 17 and 18, below. 3. Consideration. A. As consideration for this Agreement, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of Four Thousand Dollars ($4000.00) per month. B. Additional consideration for this Agreement shall be provided by Operator's sponsorship of students and installation of improvements to the Facilities as described herein. C. Compensation will be due upon execution of this Agreement and thereafter on or before the 10th day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Francisco Gutierrez, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10 %) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 t /2 %) interest per month shall be added for each month that payment hereunder is due but unpaid. 4. Commencement Date. This Agreement shall commence and become effective on July 1, 2013. This Agreement shall supersede all prior agreements between the Parties. Pa 25G -4 5. Operator Responsibilities A. Priority Use. Operator agrees that City programs and City residents shall have priority use of the Facilities so long as said programs and residents do not conflict with Operator's regularly scheduled programs. Operator agrees that at least 30% of the courts will be made available to City residents by reservation or walk -in and for City- sponsored programs by reservation during its normal operating hours of 8 am -10 pm Monday -Friday and 8am -8 pm Saturday and Sunday. In the event a dispute regarding court usage arises, the City's Executive Director of Parks, Recreation and Community Services Agency shall make the final decision regarding court usage. Operator agrees that students attending a Santa Ana Unified School District ( "SAUSD ") school as well as City of Santa Ana residents (youth and adult) shall be given priority to participate in Operator's programs. B. Equal Opportunity. Operator shall strive to balance the number of boys and girls participating in each of its programs. Equal opportunity shall be given to both boys and girls to participate in try- outs, clinics, tournaments, academies and any other programs that Operator provides. C. Sponsorship by Operator - Advanced Player. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 12 and 17) who qualify to participate in the Operator's Advanced Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. D. Sponsorship by Operator - Intermediate Player. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 9 and 13) who qualify to participate in the Operator's Intermediate Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. E. Sponsorship by Operator - High School Player. Operator agrees to sponsor two (2) Santa Ana resident youth players (between the ages of 14 and 16) who qualify to participate in Operator's High School Player Development Tennis Academy. Operator shall provide six months of free training and consulting services to the sponsored students. Sponsorship shall be valued at $300.00 per youth, per month and includes free consulting services. 25G -5 F. Potential City Sponsorship. Should City agree to sponsor and pay the expenses for additional qualified Santa Ana youth tennis players to attend any of the above academies, Operator agrees to give these players priority to participate in these academies. G. GPA Requirement. Operator agrees that each sponsored student who participates in the Operator's Player Development Academies shall maintain a "B" grade point average or higher. Operator agrees that should any player registered in their academies drop below a "B" grade point average, that student will be placed on academic probation for six months. Students shall submit quarterly grade reports to Operator. City will have access to grade reports in order to monitor and ensure compliance. City will be responsible for notifying students of noncompliance. H. Annual Report. Operator shall submit an annual report to verify or provide evidence of compliance with items A -H above; 30 days after the end of each contract year. I. Resurfacing/Maintenance. Operator shall re- surface and maintain the nine (9) existing courts as often as necessary to assure high quality tennis court surfaces at all times. Operator shall be responsible to minimize the impact of cracks on tennis play by means of epoxy and /or other means technological products used to level surface, but shall not be responsible for a major capital court surface replacement. J. Clay Court Maintenance. Operator shall perform Daily inspection and maintenance of the clay court in accordance and compliance with the Har -Tru specifications attached hereto and incorporated herein as Exhibit B. Maintenance shall include daily litter /debris removal, weed removal, grooming with Aussie Clean Sweep and Line Sweeper, tape and nail inspection/repair. Courts and line tape shall be swept between each reservation. Operator shall monitor the hydration system to ensure sufficient moisture is evenly distributed throughout the court. Once a month (or more frequently depending on use) the clay court shall be scarified with Har -Tru Gator rake and steel Bristle Drag Brush. The clay court shall be rolled as necessary to obtain an even level surface. The other items such as nets, windscreen, fencing etc. shall be maintained up to the same level as the other concrete tennis courts. (See attached Exhibit B for equipment description, maintenance detail and rolling technique). K. Pro Shop and Food and Beverages. Operator may operate a pro shop on the Facilities. Operator may also sell food and beverages. Except as noted in paragraph M. below, the storage and /or sale of tobacco, 4 25G -6 alcoholic beverages and sexual products is expressly prohibited. Operator will make a good faith effort to sell at least 50% healthy snacks and drinks such as baked chips, fruit, pretzels, granola, nuts, bottled water, low fat milk products, sports drinks and natural fruit juice drinks in compliance with the City's policy regarding healthy snacks, healthy eating and active living (City of Santa Ana Resolution No. 2006 -053 and Resolution No. 2011 -003). L. Special Events and Rental of Facilities. Operator agrees that it will not use, or rent, the Facilities for special events of any kind without first seeking prior written approval from the Executive Director. To the extent that Operator desires to provide alcoholic beverages at any of its events, it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. As a condition to renting the Facilities, or any portion thereof, the Operator shall first provide the City with proof of insurance naming Operator and the City of Santa Ana as additional insureds and the insurance coverage shall comply with the Insurance provisions in Section 11 and 12 hereof. M. Staffing of Facilities. Operator shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Operator at all times during Operating Hours. Operating Hours shall be from 8 am to 10 pm, Monday through Friday; and from 8 am to 8 pm on Saturday and Sunday. Operating Hours may begin one half hour earlier as needed to prepare for reservations. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, club house, locker rooms and showers, Twist - Basler House (with the exception of the second floor of the House) and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. N. Maintenance of Facilities. Operator will maintain the entire Facilities in a safe and clean condition, order and repair, including paying at its own cost and expense for custodial services, maintenance of the tennis courts and other improvements, including washing the courts, replacing and maintaining nets and net posts/hardware, windscreens, fences, ball machines and any other equipment. Operator agrees to comply with the instructions in Exhibit B and will ensure that the clay tennis court receives the specialized maintenance with the water levels and grooming that are required. 25G -7 O. Fees for Use of Facilities. Santa Ana residents will continue to be charged for use of the courts in accordance with the following schedule: Courts 1 -9 Weekdays: 8:00 am to 3:00 pm $3.00/hr. per person 3:00 pm to close $5.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Courts 1 -9 Weekends: 8:00 am to 1:00 pm $5.00/hr. per person 1:00 pm to close $3.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Clay Court Weekdays: 8:00 am to 3:00 pm $5.00/hr. per person 3:00 pm to close $7.00/hr. per person $1.00/hr. per person discount for Santa Ana residents Weekends: 8:00 am to 3:00 pm $7.00/hr. per person 3:00 pm to close $5.00/hr. per person $1.00 /hr. per person discount for Santa Ana residents Any change in this fee structure will only be permitted with the prior written approval of the Executive Director in compliance with any applicable law. P. Accounting and Audit. Operator shall collect all fees as indicated herein and agrees that it will provide the City with an annual accounting, 30 days after the end of each contract year showing the amount of fees collected per calendar year. Operator will also provide the City with data showing the breakdown between residents and non - residents using the Facilities, 30 days after the end of each contract year. City may request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting and Operator shall provide such documentation within ten (10) days of City's request. Q. Upon the expiration or termination of this Agreement, City shall approve in writing the surrender of the Facilities by Operator only after being satisfied that the Facilities have been left in good and clean condition, less ordinary wear and tear. 25G -8 6. City Responsibilities. A. Utilities. City shall pay for all utility services furnished to the Facilities for the use, operation and maintenance of the Facilities during the Term of this Agreement, or any extension thereof, including paying for all charges for heat, gas /water, trash, electricity charges used during the term of this Agreement. Operator will be responsible for payment of other utilities not listed herein, including payment of telephone and cable charges. B. Landscape. City will be responsible for the landscaped areas of the Facilities. C. Parking Lot. City will be responsible for the maintenance of the parking lots serving the Facilities. D. Repair /Restoration. In the event of damage, destruction or vandalism by third parties of any of the Facilities, the City will contribute to the repair and restoration as provided in section 9 of this Agreement. 7. Operator's Equipment and Personal Property. Operator shall hold title only to Operator's equipment or personal property placed on the Facilities by Operator. All of Operator's equipment or personal property shall remain the property of Operator and are not fixtures. Operator has the right to remove all of Operator's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Facilities, including the use of the Facilities by City or any of City's Operators, assignees or Operators. 8. Alterations of the Facilities. Operator agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director of Parks, Recreation and Community Services. All requests for such changes or modifications shall be submitted by Operator to City by utilizing its current Field /Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field /Facility Modification Request process form is attached hereto as Exhibit C. 9. Damage, Destruction or Vandalism of Facilities. In the event of damage, destruction or vandalism by third parties of any of the Facilities, Operator shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) Operator reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Agreement and any related deductible amounts; (b) the damage or destruction occurs within the last five (5) months of the Term. If any of the foregoing circumstances exist, then the Operator may, not later than thirty (30) days after the date of said damage 25G -9 or destruction, notify the City of the Operator's intent not to repair or rebuild the damaged or destroyed Facility. If the Operator so notifies the City, then the Agreement shall immediately terminate. Operator and City agree that if the cost of repair is less than $3,000.00, Operator will be solely responsible for the repairs. In the event that the cost of repairs is over $3,000.00, the City and Operator will share in the cost of repairs. The percentage of shared cost will be on a case by case basis, based on the cause and extent of the damage. 10. Indemnification, Defense, Hold Harmless. Operator shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or Operator's failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, Operator shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself in such legal action. Operator 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 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. 11. Insurance. A. In addition to the Operator's covenant to indemnify and hold harmless City, Operator shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability insurance covering the Facilities and Operator's property. The policy shall indemnify Operator and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Facilities and Operator's property, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $1,000,000 per occurrence. B. To maintain a safe environment, Operator shall provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Operator will be held accountable for conducting a background clearance (live -scan) for staff that have direct interaction with youth participants. C. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit D. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable to the Facilities and 8 25G -10 Operator's Facilities shall be deemed excess coverage and that Operator's insurance shall be primary. Operator is required to give the City no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Operator to furnish insurance during the term of this Agreement. 12. Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Operator shall furnish to City certificates of insurance and additional insured endorsements to each of Operator's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City; and D. Operator shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. E. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Operator shall provide within fifteen (15) days of City's request. 13. Indemnification Regarding Hazardous Material. Operator covenants and agrees to indemnify City from and against any contamination of the Facilities with Hazardous Materials by Operator occurring after commencement of this License. Operator further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this License related to the existence of Hazardous Materials (from whatever cause) on the Facilities or in the groundwater on or under the Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Facilities by the City or its employees, agents and contractors, and, (2) any third party personal injury actions which allege exposure to such undiscovered Hazardous Materials as a result of use of the Facilities in a City- sponsored program, or third party activity scheduled by the City. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Facilities. As used herein, the term "Hazardous Material" shall be interpreted broadly to means any hazardous or toxic substance, material, or waste which now is or hereafter 25G -11 becomes regulated by any local governmental authority, the State of California or the United States Government. 14. Taxes. The parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of Operator or Operator's permitted users, then Operator shall bear the entire cost of said taxes, fees or charges. 15. Liens. Operator will not permit any mechanics' or materialmens' or other liens to stand against the Facilities by reason of any use or occupancy by Operator, or any person claiming under Operator. 16. Non - Discrimination. Operator shall not discriminate as to the employment of persons relative to the use or operation of the Facilities, nor shall it discriminate as to the persons or entities which may use the Facilities, on the basis of race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. 17. Termination of Agreement This Agreement shall be terminable by the City upon the occurrence of any of the following: A. Use of Facilities. Operator ceases operation of the Facilities; or, B. Unauthorized Transfer. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent. C. Failure to Comply. Operator fails to comply with the terms of this Agreement. D. Election not to Repair. Operator elects not to repair Facilities as provided for in Section 9. E. City's Termination. The City Council may, in its sole and absolute discretion, terminate this Agreement without cause. If the City Council elects to terminate, the termination date shall be one year from the date of the City's notice of termination. 18. City's Remedies in Event of Breach, Default or Abandonment. In event of Operator's breach, default or abandonment of Facilities, City may: A. Continue this Agreement in effect by not terminating Operator's right to the Facilities, in which event City shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or 10 25G -12 B. Terminate this Agreement and recover from Operator any amount necessary to compensate City for all detriment proximately caused by Operator's failure to perform its obligations under this Agreement; or C. Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified in this section of this Agreement, re -enter and regain possession of the Facilities in the manner provided by the laws of the State of California then in effect. 19. Force Maieure. Should the performance of any act required by this Agreement to be performed by either City or Operator be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Operator as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Operator, required to perform the act. 20. Insolvency of Operator. The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re- enter and regain possession of the Facilities. 21. Access. Each party shall provide access to the Facilities to the other party, and its employees, agents, contractors and subcontractors, twenty -four (24) hours a day, seven (7) days a week. City represents and warrants that it has full rights of ingress and egress to and from the Facilities, and hereby grants such rights to Operator to the extent required to maintain, and operate Operator's program within the Facilities. Operator's exercise of such rights shall not cause undue inconvenience to City. 22. Restrictions on Assignment. This Agreement is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this Agreement without the prior written consent of the other party, in its sole and absolute discretion. 23. Notices. All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the 11 25G -13 methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To Operator: Match Point Tennis Academy 51 Meadow Valley, Irvine, CA 92602 Attn: Elson T. De Cantuaria, Director Telephone No.: (714) 724 -9407 To the City: City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Attn: Clerk of the City Council Telephone No.: (714) 647 -6520 Fax No.: (714) 647 -6956 With a copy to: Office of the City Attorney 20 Civic Center Plaza Santa Ana, California 92701 Telephone No.: (714) 647 -5201 Fax No.: (714) 647 -6515 Executive Director of the Recreation & Comm. Services Agency City of Santa Ana 888 W. Santa Ana Blvd., Ste. 200 Santa Ana, CA 92702 Telefacsimile (714) 647 -6549 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 24. Contract Administrator. The Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 12 25G -14 25. Incorporation of Recitals and Exhibits. All of the recitals and exhibits set forth in or attached to this Agreement are by this reference incorporated in and made a part of this Agreement. 26. Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto. 27. Governing Law. This Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California. 28. Entire Agreement. This Operating Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understanding. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 29. Captions. Any captions or headings to the sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof. 30. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 31. Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Operating Agreement. 32. No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 33. Rights and Remedies. No right or remedy conferred by any of the specific provisions of this agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. 13 25G -15 In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 34. Conflict of Interest. Operator 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. 35. Non - Recording. Neither party shall record this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA Kevin O'Rourke Interim City Manager RECOMMENDED FOR APPROVAL: OPERATOR: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 14 25G -16 By: ELSON T. DE CANTUARIA Director — Match Point Academy Tax ID # .J .,al -dill ,L.1 rte Exhibit A 25G -17 I !x C3 fl tts U Z a a 00 L31 z Li! W cr c� 9 i C3 fl tts U Z a a 00 EXHIBIT 84M EXHIBIT Bj 25G -18 BASIC TOOLS & EQUIPMENT Having the correct tools and equipment to maintain dour Har -Tru courts is very important in providing a consistent playing surface. The following is a list of basic tools and equipment that is necessary for a consistent maintenance program. Drag Brush: Drag Brushes are important to have on the courts as they provide grooming and keep the surface consistent. Bristles can replaced as they wear without replacing the whole brush. Line Sweepers: Line Masters are a great tool to keep your Har -Tru surface material off of court lines. The circular brush should be replaced periodically to ensure good consistent brushing. Aussie Clean Sweeps: The Aussies are designed to pick up debris that falls on the courts such as pine needles, leaves etc. The Aussie is also used in place of brushing when you want a less aggressive surface groom and creates less surface drying. Lutes: Having a couple of lutes available for use will be necessary when you want to periodically scrape up loose and dead material from the courts, in need of a light scarifying and conducting patch and repairs on the surface. Replace the blades as they wear down and become less agitating to the court. Har -Tru Gator Rakes: Having a Gator Rake on hand will be essential in case s where the surface will need a deeper scarification. There are hand and tow models available. Steel Bristle Drag Brush: Having a Steel Bristle Drag Brush on hand will also be necessary when you want a less aggressive scarification than with the court rake however using the Steel Bristle Drag Brushes when the surface is too damp will cause surface material to cake on the bristles and drop off. Use the brush when surface is less moist. Rollers: Having a reliable roller will be very important in maintaining Har -Tru tennis courts. Performing preventative maintenance on your equipment will ensure longevity and consistent results. See Owner's Manual for preventative maintenance schedules. 32 25G -19 SPECIALIZED TOOLS & EQUIPMENT Specialized__ to_ als._ ma_ y_._ be.. n. e. c. ess_ a- ry.._ tQ._ com.ple-te_.y_o-Ltr.a..rsenal_.of tools._ Kn_2win9 what___ tools are available will help to maintain a high standard in maintenance practices. Court Devils: Har -Tru Court Devils come in 2 different sizes, A tow model and a hand model is available. This equipment is used when a more aggressive surface agitation is needed due to surface over- compaction or weed, algae and moss growth occurs. Hand Rollers: Har -Tru Hand Rollers come in 2 sizes, 24" and 18 ". Both rollers can be filled with water for added weight. These court rollers are perfect for touch -up work around court edges and patching low spots. Spreaders: Tru -Flow Spreaders and Top - Dressers cam in 3 different sizes, 24 ", 36 & 54 ". These spreaders can be used when annual top- dressing occurs or whenever the need to drop Har -Tru surface material consistently. Line Scrub: The Har -Tru Line Scrub is a great tool for cleaning court lines when a more aggressive brushing is necessary. Power Rollers: Har -Tru Power Rollers come in a variety of forms. Court Pac, Court Pac Pro and Tow Rollers make rolling Har -Tru tennis courts safe, fast and easy. Choose Har -Tru brand equipment for all of your maintenance needs. 33 25G -20 COURT EQUIPMENT Inspect - condition of the following equipment: - _ _ _- -- -- ..- - - _ -.- -.. - -- - -_ -- - -- __I - Equipment Condition Center Strap Anchors Center Straps and Hooks Court Numbers Drag Brushes Line Scrub Line Sweepers Line Tapes Lute Scarifiers ' Nails Nets Net Posts Net Post. Reels Rollers Roller Brushes Roller Scrapers _ Tennie Two -Ste Tidi -Court Windscreens Fasteners Ty-Wraps Plastic Snaps 34 25G -21 35 25G -22 � �• i "� G +Ert.' � .G " *f3 '� a ? _. t a ms's � t „- •..,� ^+, " k„� a,, si"? m iN1 Fxia:, 1 a✓r � �e ' � X y �` st ,i" '�s. rr t� r i•` t {� wdV ;�� F ; ,� ,.�• �b -;� art � -,�.k K d4.Y,�'Z t 'F `� roy. a t f si X� v �- ��,.i, 4' ¢ s i.• '�.� 1°' s T. XV- ¢' ' �,,3,.,e,�'; �.�'�T�. _ •a+= 3 ��` •w. R -e. ''ter s ter Cb �� y � �u * w. ,� 4 v}p' ""�: .r k� •� '�. +ri s°y r"�•�`� >�� f4 �i 4�* rt '.xaa �1 L�� •' � � ��,�� { �� .t '�rFY ��` r1�y � ,�A��y� �' _ea r7r .'.i �, * e 6 F, n f'^ _ _ �*. Ia � y� Gt �•`� � �rtix � �� *�" ; t�°��`' tiM �s� ��Stti aa:�.`�. � 3 �,,,4, _ �' ,' "5. ;p: �, �k �,yZ � 3 'S'°.e"° oy�.aa��a..y,, �� fib` � ,r a 't� �E+" �i �t a �'.k "• `�� . @yam J,: t� � � T"T' a _ s d � � t • ^' '� ,.� a:. s N e fi 4 ' '^- -..._ �-.�- ..tea•- + -�...� A r � � Roil -Cdut ts. if Necessary r DAILY MAINTENANCE MORNING 1. Inspect Har -Tru surface for minor scuffing.. If baseline areas require divot repair, lute and re -dress as necessary. 2. Remove any weed growth problems and foreign debris from the surface, 3. Inspect tapes and nails for lifting of shifting. 4. Groom surface with an Aussie Clean Sweep, Court Rake or a Drag Brush. Make wide turns with the Drag Brush to avoid accumulation of Har -Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothing /leveling tool (with teeth In the up position) and a debris remover (with teeth in the down position). 5. Sweep the line tapes. Ensure the line tape area beneath the net has been swept, Use a Line Scrub to remove surface material that adheres to the line tape. 6. Roll the surface if necessary. Make wide turns. Avoid twisting and turning motions that cause surface damage. 7. Sweep the tape lines after the surface has been rolled for a cleaner looking line (optional). 8. Ensure that the net and center strap is set correctly. 9. Clean benches, coolers, cooler stands, ect. If these Items are kept on -court during the season, move them and groom the surface below on a regular basis. 10, Wash out the Tennie Two -Step on a daily basis if possible. 11,Inspect Windscreens. 12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are stored properly and do not pose a hazard to players. MID -DAY Mid -day maintenance keeps the court looking and playing as well during late afternoon as it plays in the morning, The ideal situation would be for maintenance time to be scheduled so courts could be brushed, Lines swept and the surface watered properly. The moisture level in the court profile should remain adequate until the next maintenance period. EVENING Adequate brushing and thorough watering will ensure quality playing conditions the following day. 1. Brush in alternate directions, particularly around baseline areas to smooth surface prior to watering. Alternate direction of brushing on a nightly basis. 2. Water the court in a "cycling method" to accomplish a thorough watering during the course of an evening with as little run -off of water as possible. Proper timing of watering cycles is best determined by observation. The ideal situation would be for the court profile to retain adequate moisture until the next maintenance period. 37 25G -24 TECHNIQUE FOR "QUICK CONTINUOUS" ROLLING Example of rolling — — — — — — — — ->— ---, several courts 10 0 without removing nets. - — — — — — — — - ------- - - -->.— -- - - - - - - - - - - -- 3- 25G-25 NET 39 25G -26 'i c s; ? r _ I t � e S i � m � � � ^�..,, -? r rf � il +_,i.:.. ! � -• b � � t � s � { 4T'"4. n yam, ` �,,� S "� ' MS. ai ♦. ai .. .. .< rx . � »•< , , .� .� �r._�, x i , g ,. ",. z !c a i_ - _ .: E ,1 _ � ±k � }'ss � ,.. - `° >. _v e `�': ik �s ,,.,�_ �`� , Fk ��, ,� PERIODIC MAINTENANCE 1. Inspect court surface material for any build -up to be removed; particularly along the net -line. 2. Inspect the court surface for weed growth. Algae control is best achieved by following these guidelines: a. Agitate low traffic areas on the court periodically. Use the Court Rake, Lute /Scarifier, Steel Bristle Drag Brush, Court Devil or the Lee Tow Scarifier. b. Stay on top of growth problems by regular observation and preventive maintenance practices such as frequent surface agitation. c. Consult your local county agricultural cooperative extension agent prior to the purchase and application of any chemicals. d. Always read the entire chemical label and follow any safety precautions prior to application. 3. Periodic leveling /smoothing of the court surface may be required, particularly in areas of heavy play. The best time of the day for smoothing the surface is during the afternoon when the surface is drier, just before turning on the watering cycle. Use a regular or Steel Bristle Drag Brush, 4. Periodic observation of the irrigation heads while irrigation system is running is the best preventive measure-to ensurelhorough and even water distribution. v 41 25G -28 Frost occurs in the Har -Tru clay court surface profile when water in the surface freezes. Depending on the extent of the freezing weather, frost may extend through the entire 1" thickness of Har -Tru. When sunlight and higher temperature reach the frozen surface the following morning, these ice crystals will begin to melt from the top of the surface downward through the profile. It may take several hours for all ice crystals to melt in the profile. While these ice crystals are melting, water will form on top of the surface and form puddles until the entire surface below begins to thaw. Once the profile has thawed completely the water will drain through the profile. Until the entire profile has thawed and the water has drained back down into the profile, the surface may be too wet for maintenance practice s and for tennis play. We recommend everyone stay off the surface until it is playable and workable since any traffic on a wet surface may compromise the quality of that surface. If players or court maintenance staff enters the playing area before this drying cycle is complete, minor damage to the surface can occur. To repair the indentations (footprints, roller marks, etc.) caused by entering the playing area too quickly, use standard patching techniques or call Har - Tru Sports or your local Har -Tru Clay Court material distributor for guidance. 42 25G -29 43 25G -30 END OF SEASON MAINTENANCE 1. Tennis Nets: Remove and attach a tag noting any repairs needed. 2. Windscreens: Inspect for needed repairs, label for easy relocation next season and fold neatly for storage in a plastic bag. Wait until the windscreen is dry (afternoon) before removing, Fence maintenance during the `off- season" can be accomplished much easier without the windscreens hanging on the fence. 3. Net posts: Remove and inspect for repairs. 4. Cover net postholes to prevent water, surface material and debris from entering during the off - season, 5. Remove the tapes and nails. Ensure all nails have been removed from the court surface. 6. Coolers: Wash inside and out. Repair spouts if necessary. 7. Benches: Wash, repair and paint if necessary. 8. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect for repairs and hang properly to protect the bristles. 9. Roller: Consult owner's manual for proper servicing. 10.Aussle Clean Sweep: Wash clean, inspect for repairs and hang to protect rubber matting. END OF SEASON HAR -TRU SURFACE MAINTENANCE 1. Brush and roll repeatedly to fill in and compact old nail holes. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the amount of reconditioning required the fallowing spring, 44 25G -31 45 25G -32 FALL SURFACE RECONDITIONING - Fa11- surface reconditioning is increasing in popuIa -rty because t he tennis courts can be opened earlier in the spring when demand for play is strong and time available for reconditioning is short, particularly during a wet spring. The maintenance staff is under less time constraint in the fall, allowing for better quality control in providing a superior playing surface. More time is available for other important (and often postponed) spring maintenance duties around the tennis court. Fall .weather patterns are more stable & predictable for reconditioning. Initial expense to purchase a tennis court cover is justified considering the life of the cover, benefits to the players and increased productivity of the maintenance staff. WINTERIZING THE IRRIGATION SYSTEM 1. Turn off main water supply. 2. Ensure manual valves at base of sprinkler heads are open. 3. With an air compressor, blow out the irrigation lines by activating each zone separately for approximately 5 minutes, do not exceed 60 psi. Open each zone valve box cover and inspect valves for any needed repairs while the system is being blown out. 4. Repeat step 3 until all water has been blown through the system. 5 Remove any debris from inside the valve boxes. 6. Replace valve box lids. 7. Note any repairs or improvements needed for the system before the next season CONTINUING EDUCATION Several educational aids are available for staff training; the General Maintenance Outline for Har -Tru Tennis Courts, the Maintenance Video, th.e maintenance DVD and other resources. Visit our web -site at www.har- trU.cam for additional information. These products are ideal for keeping your staff informed, on a regular basis about the most efficient methods of Har -Tru tennis court maintenance. 46 25G -33 47 25G -34 5 YEAR BUDGET MAINTENANCE PLAN The following includes a list of goals and time tables based on the Court Analysis Survey. These timetables can be used in budgeting _for .short _ and _long. -teCm _.._ .__. ....._ _.. projects. Subject Description Schedule Laser Grading Laser grading should be considered every Every 10 -15 & 1" lift 10 -15 years. years Top -Dress Topdressing is necessary for each annual Annually opening. 1 -2 tons of Har -Tru per court should be applied with each top - dress. Line Tape Line Tapes should be pulled up prior to top Annually replacement dressing. This will ensure that lines are straight, tight and have no surface material buildup on either side of line tapes during the playing season. Windscreens Windscreens should be replaced every 3 -5 Now years or as they start to fade, discolor and & et brittle. 3 -5 years Fencing -Hard Fencing should be painted or replaced as As Needed Courts needed. Keeping this project in a cycle will help to eliminate a build up of high ...budgetary costs. Tools & Keeping Brushes and Hand tools in good Drag Equipment working condition is essential for great Har- Brushes, Tru courts. Replacing worn brushes, lute Line Masters blades etc. will keep the tools working Lutes properly. Aussie's Roller Having a reliable roller on site will be Grease important to ensure the best possible annually & courts. Preventative maintenance will perform ensure reliable equipment. scheduled Preventative Maintenance Amenities Nets, Net Posts, Coolers, Benches, etc. As Needed should be replaced as needed. 48 25G -35 Maintenance Properly maintained Har -Tru courts ensure Training court longevity and consistent playability __ _ _ -_ _ -- ---------- __- - - -_ -_ - w -hic-h- can- re-all- y-- affec -t a-- fac-i- Ii -ty's- bottom -- line. Making sure the maintenance crew is sufficiently trained is key. We offer information on our website that can provide the training and knowledge needed. Attending maintenance seminars gives a Maintenance Employee an opportunity to learn about best practices and to meet others in the same industry. They get hands on training both in a classroom setting and out on the court. Please contact Har -Tru Sports for more information. STAFFING RECOMMENDATIONS Annually The following are staffing recommendations for daily maintenance of clay tennis courts. Har -Tru We recommend 45 -60 minutes per court each day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Har -Tru Clay tennis courts. SUB- IRRIGATED We recommend 20 -30 minutes per court, per day. There are variables each day, week, month and annually. This staffing recommendation is an average figure meant to help to determine staffing needs for the maintenance of Sub - irrigated tennis courts. 25G -36 TENNIS COURT MAINTENANCE BUDGET WORKSHEET Inventory Condition Needed Budget Aussie Clean Sweep Benches Center Strap Anchor 'Center Strap/Hook Coolers & Stands Court Layout Cables Court Numbers I Drag Brush Har -Tru Line Scrub Line Sweepers Line Tapes Lute Scarifier MAG Maintenance DVD Maintenance Video Nails NDS Drainage Nets Net Posts & Reels Roller Roller Cover Scarifier Sprinkler Heads i Squeegee �- I Tape Stretcher _ Tennie Two -Ste Tidi -Court Try -Flow Spreader Windscreens Fasteners Ty-Wraps Plastic Snaps _ Other 50 25G -37 EXHIBIT C 12/7/2007 CITY OF SANTA ANA PARK. S,- RECR.EATTON_ ACID_ 1- OMMUNITY._SERVI-CES- ADEN -CY- ------ - - - - -. - - - -_ _ - - - -- PARK /FACILITY /FIELD MODIFICATION PROCESS The purpose of this process is to ensure that any modifications proposed on City parks, facilities or fields by groups or individuals meet the City's building code requirements, safety and quality standards, and be uniform in design with other park facilities. The intent of the proposed modification must take into consideration the impact to the surrounding neighborhood and must meet the City's overall objective of providing quality public park services and facilities to the residents of Santa Ana. The followin information and/or process shall app/ to o any park facility or field modification proposed by the City, organizational group(s) and/or individual(s); 1. Modifications shall apply to any proposed installation or removal of capital improvements on any City - owned park, facility or field, such as: • Sports facilities • ball fields, soccer fields, sports courts, etc. • sports lighting • dugouts • batting cages • bleachers • scoreboards • concession stands • press /score boxes • Play areas • playground equipment • .playground surfaces • Passive areas • Park furniture and signage • park and regulation signage • picnic tables, park benches, barbeque braziers, trash receptacles, drinking fountains • Park landscaping and irrigation systems 2. The process shall also include any offer to provide volunteer assistance and or request for improvements in the area of maintenance and /or landscaping to any City -owned park, facility or field, such as: • Planting or removal of trees, shrubs, ground cover, vines, and flowers • Maintenance of park landscaping such as: o edging / trimming o mowing o sodding o sprigging o top dressing o weed abatement o trash/clean -up 2EXHlbi i 5G -38 12/7/2047 User GrOATiffl Procedure 1) Complete attached Park/Facility/Field Modcation Request Form. _ _.. _ .. - _ . .. _ _._ _ _u t- - equest- ortn ttsPark�- R.ecr�ati�n�ct- Conimuiuty Services Agency,— Attenlion: -------- - - - - -- Administrative Services Division. 3) Agency reviews proposed modification(s) with Administration and Park Maintenance Division staff. 4) If improvements are minor in nature and do not impact the original master plan of the park, administrative approval may be granted to allow the applicant to proceed with work. S) If applicable, and improvements are extensive, applicant shall provide preliminary plans for review by the Parks, Recreation and Community Services Agency. Make any corrections to plans or scope of work as identified by the Parks, Recreation and Community Services Agency. 6) Staff presents preliminary plans or scope of work to appropriate Neighborhood Association(s), as identified by the Parks, Recreation and Community Services Agency. 7) If preliminary plans are approved by the Neighborhood Association(s), an agreement may be required between the organization and the City of Santa Ana. 8) Upon Neighborhood Association(s) approval, the plans are taken to the Board of Recreation and Parks for approval with neighborhood comments and/or terms of agreement. 9) If preliminary plans are denied by the Neighborhood Association(s), applicant may file a fonnal appeal with the Board of Parks and Recreation's Open Space Committee. 10) If appeal of the preliminary plans is approved by the Open Space Committee, a recommendation is taken to the Board of Parks and Recreation for approval. 11) If appeal of the preliminary plans is denied b the Open Space Committee, the applicant may appeal the decision to the entire Board of Parks and Recreation. 12) If the Board of Parks and Recreation approves the plans, and an agreement is-required,. which staff will draft and present to the City Council for approval. If no agreement is required, proceed to Step 14. 13) If the Board of Parks and Recreation denies the preliminary plans appeal, that decision is final and there is no fiirther appeal process that may be undertaken. 14) Upon Board of Parks and Recreation approval of plans (and City Council approval of agreement, if required), applicant shall provide construction plans and specifications to the Parks, Recreation and Community Services Agency, Administrative Services Division, and the Santa Ana Planning and Building Agency, if applicable. Applicant shall make corrections to plans and specifications as identified by the appropriate agency. 15) After plans and specifications have been approved by both the Parks, Recreation and Community Services Agency and the Planning and Building Agency, a pre - construction meeting will be held with the Parks, Recreation and Community Services Agency staff to review applicant's proposed construction schedule to determine any impact on programs or operations at the specified park/facility /field. 16) The Parks, Recreation and Community Services Agency will notify the organization on when construction may proceed. 2 25G -39 Date Submitted CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES AGENCY Park/Facility /Field Modification Request Form (Please complete one form per project) 12/7/2007 Group/Individual Requesting Non - Profit Tax ID No.: Modification Contact Person Name Address Pbone Number: J Fax Number: E -mail; Certificate of Liability Insurance attached? Yes C No J Site plan/drawing enclosed? Yes n No Projected Start Date: Projected Completion Date: Brief description of proposed modification(s): . Brief description of bow project will be funded and funding source: Impact on park/facility /field during improvement/maintenance. Applicant Signature Approved /Denied by , Date Received and Filed by Board of Parks and Recreation Conditions (if any): 3 25G -40 Date: Date: EXHIBIT D ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative EXHIB1i U 25G -41 25G -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: TENTATIVE TRACT MAP NO. 2013 -01 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A 10 -UNIT RESIDENTIAL DEVELOPMENT AT 806 EAST SANTA ANA BOULEVARD - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT `C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2013 -01 (County Map No. 17498) as conditioned. PLANNING COMMISSION ACTION On May 28, 2013, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2013 -01 (County Map No. 17498) as conditioned by a vote of 6:0 (Yrarrazaval absent) to allow a subdivision map to facilitate the development of a 10 -unit residential project located at 806 East Santa Ana Boulevard located in the Transit Zone Code (SD84) zoning district. The Planning Commission added language to the conditions of approval to provide clarity as outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J ` . Trevino Executive Director Planning & Building Agency SK:rb sk\reports \TTM 2013 -01.cc Exhibit: A. Planning Commission Staff Report 32A -1 W"W REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 28, 2013 TITLE: PUBLIC HEARING — FILED BY BILL MCREYNOLDS, CITY VENTURES, INC. FOR TENTATIVE TRACT MAP NO. 2013-01 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A 10 -UNIT RESIDENTIAL DEVELOPMENT AT 806 EAST SANTA ANA BOULEVARD Prepared by Sergio Klotz Executive Dire or RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Man ger Adopt a resolution approving Tentative Tract Map No. 2013 -01 (County Map No. 17498) as conditioned. DISCUSSION Request of the Applicant Bill McReynolds of City Ventures, Inc. is requesting approval of a subdivision map to facilitate the development of a 10 -unit residential project located at 806 East Santa Ana Boulevard. Tentative Tract Map No. 2013 -01 (County Map No. 17498) is a subdivision of property for condominium purposes, thus allowing the sale of residential units. Property Description The project site is located at the southeast corner of Santa Ana Boulevard and Garfield Street. The site is a generally standard in shape, flat parcel with an area of approximately 0.66 acres or 28,749 square feet. The site is vacant, but was previously developed with residences and various accessory structures that were demolished in 2006. The site is located within the Transit Zoning Code area (SD -84) with a sub -zone of Urban Neighborhood 2 and has a General Plan Land Use designation of Urban Neighborhood (UN) that allows residential development. The project site is surrounded by residential uses to the north, south and west. To the east is a residence and across a public alley are industrial uses (Exhibits 1 and 2). Project Description City Ventures is proposing to construct 10 two -story residential units. Eight of the units will be contained within two four -unit buildings with a two -unit building towards the rear of the site. The project has been designed in compliance with the Transit Zoning Code and Citywide Design Guidelines, all of the units, with the exception of the two -unit building, will be oriented towards the streets, with the two -unit building having direct pedestrian access to the street through a landscaped walkway. EXHIBIT A Tentative Tract Map No. 2013 -01 May 28, 2013 Page 2 Each unit will have three bedrooms, two full bathrooms and a powder room, a detached two -car garage and laundry facilities. Access to the parking will be from an existing public alley to the east of the property. The unit sizes will vary from 1,362 to 1,614 square feet. Each unit will have its own private rear yard located between the unit and garage. The project has been designed in a California Contemporary style that provides exterior finishes including horizontal lap siding, plaster and metal canopies (Exhibits 3 through 6). A tract map for condominium purposes is proposed, since the units will be offered for sale. Common open space, driveways and common landscape will be held in common ownership, under the administration of a homeowners' association (HOA), while each unit and their corresponding private open space and garages will be held in individual ownership (Exhibit 7). Proiect Backcround The proposed project is part of a larger development known as the Station District, which encompassed approximately six acres of land previously owned by the Santa Ana Redevelopment Agency (RDA). The properties were the subject of a disposition and development agreement approved in June of 2010 between the RDA and a development team which included Related California, Griffin Realty Corporation, and City Ventures. The Station District project is comprised of approximately 114 rental units and 24 for sale units. Related California recently completed construction of the rental component of the project which includes: Triada Court — a Mission Revival courtyard -style multi- family project with 74 units; Triada Gardens — a Contemporary Craftsman -style multi- family project with 25 units; and Triada Village — a collection of 10 historic single - family homes that were retained from the early- 1900's neighborhood and rehabilitated to their former historic character. With the exception of two manager units, 80% of the units will be available to families meeting the criteria for Very Low income (approximately $46,500 per year for a family of four), and 20% of the units will be available to families meeting the criteria for Extremely Low income (approximately $27,900 per year for a family of four). The term of this affordability requirement is 55 years and the units help to fulfill the City's state - mandated requirement to provide for affordable housing. The City Ventures component of the project is comprised of 24 for -sale townhouses of which, five units will be offered to those meeting the criteria for Moderate income (approximately $ 100,900 per year for a family of four). These units will also contribute to the City's satisfaction of its affordable housing requirement. The Station District project also includes a number of public improvements, such as a new joint -use community center at Garfield School, neighborhood- serving retail within the Triada Court building, improvements to sewer and water systems, upgrades to street lighting fixtures and a public art component. 32A -4 Tentative Tract Map No. 2013 -01 May 28, 2013 Page 3 General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for residential development sites such as this multi - family residential development. Urban Neighborhoods are primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkability, transit options, and other forms of transportation including pedestrian and bicycle travel. The project site is consistent with this General Plan land use designation. The site is surrounded by residential uses to the north, west and east; and a school to the south. Zoning for the site is the Transit Zoning Code, Specific Development District No. 84 (SD -84) with a sub -zone of Urban Neighborhood 2 (UN2). This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and livework. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow -depth landscaped front yards separating buildings from sidewalks. Parking is in garages located away from street frontages. The Transit Zoning Code (TZC) further identifies development standards including building types, height, frontage types, building setbacks, open space and parking. The following identifies the proposed project's compliance with these standards: TZC Allowed (by right) Project Proposal Land Use: Multifamily Multifamily Building Type: Rowhouse Rowhouse Architectural Type: California Contemporary California Contemporary Height: Up to 3- stories 2- stories Frontage Type: Front and /Porch Front and /Porch Building Setbacks: Front _ 10 feet 10 feet Side 5 feet 5.2 feet Street Side 10 feet 10 feet Rear 15 feet Not applicable Alley Rear 3 feet 3 feet Op en Space: 15% of space allocated /unit Private yds. 15% Parking Resident: 2 spaces/unit 2 spaces per unit Parkin Guest: 0.25 space/unit 0.25 space/unit Vehicular Access: Alley or side street Alley 32A -5 Tentative Tract Map No. 2013 -01 May 28, 2013 Page 4 Based on the analysis, the project as proposed would be consistent with the Transit Zoning Code and the Urban Neighborhood 2 standards. Subdivision Map Analysis A tract map for condominium purposes is proposed to create the for -sale townhouses. Santa Ana Municipal Code Chapter 34 regulates subdivision of land consistent with the State of California's Subdivision Map Act. A subdivision map request may be granted when it can be shown that the following can be established: • That the proposed project is consistent with the General Plan and are otherwise consistent with all other Elements of the General Plan. • That the proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. • That the project site is physically suitable for the type and density of the proposed project. • That the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wild life or their habitat. • That the design or improvements of the proposed project will not cause serious public health problems. • That the design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. If these findings can be made, then it is appropriate to grant the subdivision action. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the tentative tract map request, staff believes that the following findings of fact warrant approval of the tentative tract map. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further the Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and/or additions to existing development that is Tentative Tract Map No. 2013 -01 May 28, 2013 Page 5 compatible in scale, and consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -11). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. The proposed site consists of approximately 28,604 square feet within the Transit Zoning Code (TZC) (SD -84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is approximately 310 feet, exceeds the minimum required, providing ample street frontage for the project along Santa Ana Boulevard and Garfield Street. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. • The project site is located in an urbanized area and was previously developed with single - family dwellings and accessory structures. Environmental impact Report 2006 -02 was adopted for the TZC in 2010. The EIR analyzed a future build -out scenario for development at the maximum allowable intensity allowed under the TZC. The proposed project is within the anticipated land use, as well as, density and intensity outlined in the EIR. Further, the EIR analysis found no evidence of endangered, rare or threatened species in the area. The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. 32A -7 Tentative Tract Map No. 2013 -01 May 28, 2013 Page 6 The subdivision proposed is consistent with the City's General Plan and zoning requirements as well as other provisions of the State Subdivision Map Act. Conditions of approval are proposed to ensure orderly development and operation of the site. Public Notification The project site is located within the boundaries of the Lacy Neighborhood Association and in close proximity to the French Park Neighborhood Association. An extensive community outreach effort was undertaken to obtain input from resident and business stakeholders in the area dating back to 2010. Meetings were held with the Logan neighborhood, French Park neighborhood, Lacy neighborhood, St. Joseph's Church, Santiago Lofts and with the business community. From that initial outreach process, a concept plan was developed which was presented to the community at two general meetings in January 2010 and several smaller meetings. The plan was then refined based on input received and further design and feasibility studies. In addition to the above outreach efforts, the presidents of the Lacy and French Park neighborhood associations were also notified by mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. CEQA Compliance In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The following discussion will identify each criteria and provide the information necessary to find compliance. Section 15177: • After a Master EIR has been prepared and certified, subsequent projects which the lead agency determines as being within the scope of the Master EIR will be subject to only limited environmental review. Environmental Impact Report No. 2006 -02 (EIR No. 2006 -02) was certified for the Transit Zoning Code in 2010. The proposed residential development project is within the scope of the EIR and the anticipated development occurring consistent with the Transit Zoning Code. • Except as provided in subdivision (2) of this subdivision, neither a new environmental document nor the preparation of findings pursuant to section 15091 shall be required of a subsequent project when all the following requirements are met: Tentative Tract Map No. 2013 -01 May 28, 2013 Page 7 o The lead agency for the subsequent project is the lead agency or any responsible agency identified in the Master EIR. The City of Santa Ana was identified in EIR No. 2006 -02 as the lead agency. The City of Santa Ana is the lead agency for this environmental review project. o The lead agency for the subsequent project prepares an initial study on the proposal. The initial study shall analyze whether the subsequent project was described in the Master EIR and whether the subsequent project may cause any additional significant effect on the environment which was not previously examined in the Master EIR. The City of Santa Ana, as the lead agency, reviewed CEQA Appendix G: Environmental Checklist Form and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. o The lead agency for the subsequent project determines, on the basis of written findings, that no additional significant environmental effect will result from the proposal, no new additional mitigation measures or alternatives may be required, and that the project is within the scope of the Master EIR. "Additional significant environmental effect" means any project - specific effect which was not addressed as a significant effect in the Master EIR. No additional significant environmental effect will result from the proposed development project and therefore no additional mitigation measures or alternatives are required. The proposed development project is within the scope of the Master EIR and the Transit Zoning Code. • Whether a subsequent project is within the scope of the Master EIR is a question of fact to be determined by the lead agency based upon a review of the initial study to determine whether there are additional significant effects or new additional mitigation measures or alternatives required for the subsequent project that are not already discussed in the Master EIR. The City of Santa Ana, as the lead agency, has prepared an initial study on the proposal and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. • Prior to approval of the proposed subsequent project, the lead agency shall incorporate all feasible mitigation measures or feasible alternatives appropriate to the project as set forth in the Master EIR and provide notice in the manner required by Section 15087. Tentative Tract Map No. 2013 -01 May 28, 2013 Page 8 All feasible mitigation measures have been incorporated including street improvements. Noticing of the subsequent action has been publicized in a newspaper, posted on the site and direct mailing notices to the owners and occupants within 500 feet of the subject property. • When the lead agency approves a project pursuant to this section, the lead agency shall file a notice in the manner required by Section 15075. A Notice of Determination as set forth in Section 15075 shall be filed for the project identifying the aforementioned findings. A Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project. SK:jm skVeportsXttm 2013.0 t .pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Elevations and Materials Exhibit 6 — Landscape Plan Exhibit 7 — Tentative Tract Map No. 17498 N SEVENTEENTH J L- 'm rr •r • •r� f' r 'm 'm ® ® ��+r'�i fJfl57ffi • � �J rTrJ,,"�� ® ® �r4:!�tCfJl •�'. 1G7fJJl /�� ST. ST. ® Mi Overlay Zone ® M2 Overlay Zone L Q 1 U t Q CDR 1 ( w rn I GFm I t lam\ f At CB*AIA(#iCtll.TtiTillt CR OOMMMALFE OMAL R1 9NGEFAMILYFF90RM •n AAR4WKI0gRCA M OC G(YA3MDffa fM F2 W00FARLY10MM 09N OCfWAFi &SOMMAIN MF I GWIFAXETRAL FD MIATIPLEDMIrYMLA]IRE C COWALRATY0006WEF .EAL M2 WAWWDUSIRAL FAMILYFENOMM CWD 0MA.00MMEMAUMU93.MDISTRcr MO MIUWRtOPWATIONS RF 9J816kNAAkM9NFS C2 CEAWL0MWWCX O CFBNSAM FE FESDD MLFSTATE C9 CEARALDANESS P RCFEB90NAL 90 9MF)CDeAicwDff CM CENTRAL BWNEWARnMALLACE FCG FLANNWOOMF.SLMTYORBJCR Wf 9. SWFTCFiAN CA RA- mscPFiNGcWm PFO RANNFDFF9Df34I1AI.0Ei%0PM Nr CS AF ERALGOF MMAL. TENTATIVE TRACT MAP 2013 -01 COUNTY MAP NO. 17498 806 EAST SANTA ANA BOULEVARD - - -100 FEET I"- 1000 FgT A L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 32A -11 TENTATIVE TRACT MAP 2013 -01 COUNTY MAP NO. 17498 806 EAST SANTA ANA BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32A -12 r z p z z w a Ua O v1 ESaX ms "8 o <� Q10 eN 9 g8 oZ� P � A 2 x '� w P ele Z J 3 Z ^� p Y N 0 Q 6 1 1 a LL z a C> m c c O w 8 Z a a t A �d ¢ A d 0 Z W t 3 &w z r & Z >> ��w a Q p 2_ o Q u 3 Cn a Iq N 'GAIL VNd d1NVS -�-- 132AL 13 0 uU a CD L c u U 0 U H c u u ----------------------------- x Kit C :c ----------------------------- gt C? 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Jkl�i�� p ` ' p8�'! ■Qbtl A ° „��? -tea dZ�d$a1( : 611I11� Fs 3i5 ;�1a3i !9r rd W ��rf a - -0 dtll s N d 32AW22' ROH — 05/28/13 RESOLUTION NO. 2013 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2013 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 806 EAST SANTA ANA BOULEVARD (COUNTY MAP NO. 17498) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2013 -01 (County Map No. 17498) to facilitate the development of a 10 -unit residential condominium project located at 806 East Santa Ana Boulevard. B. Tentative Tract Map No. 2013 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 28, 2013. C. For Tentative Tract Map N. 2013 -01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and Resolution No. 2013 -06 Page 1 of 6 32A -23 consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -11). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 28,749 within the Transit Zoning (SD -84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is approximately 310 feet, exceeds the minimum required, providing ample street frontage for the project along east Santa Ana Boulevard and Garfield Street. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with single family dwellings and accessory structures. The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial Resolution No. 2013 -06 Page 2 of 6 32A -24 environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. D. In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The discussion in the staff report identifies each criterion and provides the information necessary to find compliance. Accordingly, a Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Tentative Tract Map No. 2013 -01 (County Map No. 17498) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of May 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2013 -06 Page 3 of 6 32A -25 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 28, 2013 Date: Secretary of the Planning Commission City of Santa Ana 'k1 i Resolution No. 2013 -06 Page 4 of 6 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2013-01 (COUNTY MAP NO. 17498) Tentative Tract Map No. 2013 -01 (County Map No. 17498) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Title 24, California Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010 -11. 2. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC &Rs) shall be reviewed and approved by the Planning Division (Added by the Planning Commission, May 28, 2013) prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 7. Due to the technical expertise required to successfully execute a true Humpy Bump (Deleted by the Planning Commission, May 28, 2013) finish, the following condition shall apply: Prior to application of the building stucco finish, applicant shall prepare a sample wall section showing proposed Humpy Bumpy browncoat 16/20 finish with 3/8" variation and an additional section showing a 20 -30 sand finish. Final selection of the finish shall be reviewed and approved by staff. 32A -27 MAY 28, 2013 PAGE 2 OF 2 8. Prior to installation of windows, applicant shall prepare a sample window showing proposed window detail. Window Installation shall be reviewed and approved by staff. 9. Provide details of the mailbox or "gang box" to be installed. Such box shall be enclosed in a decorative pedestal to match architecturally with the proposed buildings. 10. Paving at driveway entrance and garage aprons shall match the proposed walkway paving of colored concrete, medium acid washed finish. 11. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and /or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 12. Common area improvements shall be installed, inspected, and approved prior to the utility release of the first unit. L 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: TENTATIVE TRACT MAP NO. 2013 -02 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR AN EIGHT -UNIT RESIDENTIAL DEVELOPMENT AT 620 EAST FIFTH STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT 1r,,'7 C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2013 -02 (County Map No. 17406) as conditioned. PLANNING COMMISSION ACTION On May 28, 2013, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2013 -02 (County Map No. 17406) as conditioned by a vote of 6:0 (Yrarrazaval absent) to allow a subdivision map to facilitate the development of an eight -unit residential project located at 620 East Fifth Street located in the Transit Zone Code (SD84) zoning district. The Planning Commission added language to the conditions of approval to provide clarity as outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay . Trevino Executive Director Planning & Building Agency S K: rb sk \reports \TTM 2013 -02.cc Exhibit: A. Planning Commission Staff Report 32B -1 i I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 28, 2013 TITLE: PUBLIC HEARING — FILED BY BILL MCREYNOLDS, CITY VENTURES, INC. FOR TENTATIVE TRACT MAP NO. 2013 -02 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR AN EIGHT -UNIT RESIDENTIAL DEVELOPMENT AT 620 EAST FIFTH STREET Prepared by _Sergio Klotz Executive Direc r PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Nearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Ma ger RECOMMENDED ACTION Adopt a resolution approving Tentative Tract Map No. 2013 -02 (County Map No. 17406) as conditioned. DISCUSSION Request of the Applicant Bill McReynolds of City Ventures, Inc. is requesting approval of a subdivision map to facilitate the development of an eight -unit residential project located at 620 East Fifth Street. Tentative Tract Map No. 2013 -02 (County Map No. 17406) is a subdivision of property for condominium purposes, thus allowing the sale of residential units. Property Description The project site is located at the southwest corner of Fifth and Porter Streets. The site is rectangular in shape, flat parcel with an area of approximately 0.57 acre or 24,829 square feet. The site is vacant, but was previously developed with residences and various accessory structures that were demolished in 2011. The site is located within the Transit Zoning district (SD -84) and the Urban Neighborhood 2 (UN -2) designation and has a General Plan Land Use designation of Urban Neighborhood (UN) that allows residential development. The project site is surrounded by residential uses to the north, east and west. To the south are commercial uses (Exhibits 1 and 2). Proiect Description City Ventures is proposing to construct eight two -story townhouses. The development project is divided into two residential buildings containing five units and three units. Each building will provide frontage on differing streets: the five -unit building along Porter Street and the three -unit building along Fifth Street. The project has been designed in compliance with the Transit Zoning Code and Citywide Design Guidelines. All units will be oriented towards the streets, with direct pedestrian access to the street. EXHIBIT A IM :151 Tentative Tract Map No. 2013 -02 May 28, 2013 Page 2 Each unit will have three bedrooms, two full bathrooms and a powder room, a detached two -car garage and laundry facilities. Access to the parking will be from a driveway along Fifth Street. The unit sizes will vary from 1,362 to 1,614 square feet. Each unit will have private open space located between the unit and garage. The project has been designed in a Mission Revival style that provides exterior finishes including smooth plaster, brick, tile and decorative wrought iron (Exhibits 3 through 6). A tract map for condominium purposes is proposed, since the units will be offered for sale. Common open space, driveways and common landscape will be held in common ownership, under the administration of a homeowners' association (HOA), while each unit and their corresponding private open space and garages will be held in individual ownership (Exhibit 7). Project Background The proposed project is part of a larger development known as the Station District, which encompassed approximately six acres of land previously owned by the Santa Ana Redevelopment Agency (RDA). The properties were the subject of a disposition and development agreement approved in June of 2010 between the RDA and a development team which included Related California, Griffin Realty Corporation, and City Ventures. The Station District project is comprised of approximately 114 rental units and 24 for sale units. Related California recently completed construction of the rental component of the project which includes: Triada Court — a Mission Revival courtyard -style multi - family project with 74 units; Triada Gardens — a Contemporary Craftsman -style multi - family project with 25 units; and Triada Village — a collection of 10 historic single- family homes that were retained from the early- 1900's neighborhood and rehabilitated to their former historic character. With the exception of two manager units, 80% of the units will be available to families meeting the criteria for Very Low income (approximately $46,500 per year for a family of four), and 20% of the units will be available to families meeting the criteria for Extremely Low income (approximately $27,900 per year for a family of four). The term of this affordability requirement is 55 years and the units help to fulfill the City's state - mandated requirement to provide for affordable housing. The City Ventures component of the project is comprised of 24 for -sale townhouses of which, five units will be offered to those meeting the criteria for Moderate income (approximately $ 100,900 per year for a family of four). These units will also contribute to the City's satisfaction of its affordable housing requirement. The Station District project also includes a number of public improvements, such as a new joint - use community center at Garfield School, neighborhood - serving retail within the Triada Court building, improvements to sewer and water systems, upgrades to street lighting fixtures and a public art component. 32B -4 Tentative Tract Map No. 2013 -02 May 28, 2013 Page 3 General Plan and Zonina Analysis The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for residential development sites such as this multi - family residential development. Urban Neighborhoods are primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of waikability, transit options, and other forms of transportation including pedestrian and bicycle travel. The project site is consistent with this General Plan land use designation. The site is surrounded by residential uses to the north, west and east; and a school to the south. Zoning for the site is the Transit Zoning Code, Specific Development District No. 84 (SD -84). This zone further designates this location as Urban Neighborhood 2 (UN2). This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and livework. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow -depth landscaped front yards separating buildings from sidewalks. Parking is in garages located away from street frontages. The Transit Zoning Code (TZC) further identifies development standards including building types, height, frontage types, building setbacks, open space and parking. The following identifies the proposed project's compliance with these standards: TZC Allowed (by right) Proiect Proposal Land Use: Multifamily Multifamily Building Type: Rowhouse Rowhouse Architectural Type: Mission Revival Mission Revival Height: Up to 3- stories 2- stories Frontage Type: Front and /Porch Front and /Porch Building Setbacks: Front 10 feet 10 feet Side 5 feet 5 feet and 5.7 feet Street Side 10 feet 10 feet Rear 15 feet Not applicable Alley Rear 3 feet Not applicable Open Space: 15% of space allocated /unit Private yds. 15% Parking Resident: 2 spaces/unit 2 spaces per unit Parkin Guest: 0.25 space/unit 0.25 spa e/unit Vehicular Access: Alley or side street Side Street no alley) 32B -5 Tentative Tract Map No. 2013 -02 May 28, 2013 Page 4 Based on the analysis, a multifamily residential project as proposed would be consistent with the Transit Zoning Code and the Urban Neighborhood 2 designation. Subdivision May Analysis A tract map for condominium purposes is proposed to create for sale townhouses. Santa Ana Municipal Code Chapter 34 regulates subdivision of land consistent with the State of California's Subdivision Map Act. A subdivision map request may be granted when it can be shown that the following can be established: • That the proposed project is consistent with the General Plan and are otherwise consistent with all other Elements of the General Plan. • That the proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. • That the project site is physically suitable for the type and density of the proposed project. • That the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wild life or their habitat. • That the design or improvements of the proposed project will not cause serious public health problems. • That the design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. If these findings can be made, then it is appropriate to grant the subdivision action. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the tentative tract map request, staff believes that the following findings of fact warrant approval of the tentative tract map. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is •, Tentative Tract Map No. 2013 -02 May 28, 2013 Page 5 compatible in scale, and consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -13). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. • The proposed site consists of approximately 24,829 square feet within the Transit Zoning (SD -84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is 314.1 feet, exceeds the minimum required, providing ample street frontage for the project along Fifth and Porter Streets. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. The project site is located in an urbanized area and was previously developed with single family dwellings and accessory structures. Environmental Impact Report 2006 -02 was adopted for the TZC in 2010. The EIR analyzed a future build -out scenario for development at the maximum allowable intensity allowed under the TZC. The proposed project is within the anticipated land use, as well as, density and intensity outlined in the EIR. Further, the EIR analysis found no evidence of endangered, rare or threatened species in the area. The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. • Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. The subdivision proposed is consistent with the City's General Plan and zoning requirements as well as other provisions of the State Subdivision Map Act. Conditions of approval are proposed to ensure orderly development and operation of the site. 32B -7 Tentative Tract Map No. 2013 -02 May 28, 2013 Page 6 Public Notification The project site is located within the boundaries of the Lacy Neighborhood Association and in close proximity to the French Park Neighborhood Association. An extensive community outreach effort was undertaken to obtain input from resident and business stakeholders in the area dating back to 2010. Meetings were held with the Logan neighborhood, French Park neighborhood, Lacy neighborhood, at St. Joseph's Church, Santiago Lofts and with the business community. From that initial outreach process, a concept plan was developed which was presented to the community at two general meetings in January 2010 and several smaller meetings. The plan was then refined based on input received and further design and feasibility studies. In addition to the above outreach efforts, the presidents of the Lacy and French Park neighborhood associations were also notified by mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. CEQA Compliance In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The following discussion will identify each criteria and provide the information necessary to find compliance. Section 15177: • After a Master EIR has been prepared and certified, subsequent projects which the lead agency determines as being within the scope of the Master EIR will be subject to only limited environmental review. Environmental Impact Report No. 2006 -02 (EIR No. 2006 -02) was certified for the Transit Zoning Code in 2010. The proposed residential development project is within the scope of the EIR and the anticipated development occurring consistent with the Transit Zoning Code. Except as provided in subdivision (2) of this subdivision, neither a new environmental document nor the preparation of findings pursuant to section 15091 shall be required of a subsequent project when all the following requirements are met: o The lead agency for the subsequent project is the lead agency or any responsible agency identified in the Master EIR. The City of Santa Ana was identified in EIR No. 2006 -02 as the lead agency. The City of Santa Ana is the lead agency for this environmental review project. 32B -8 Tentative Tract Map No. 2013 -02 May 28, 2013 Page 7 o The lead agency for the subsequent project prepares an initial study on the proposal. The initial study shall analyze whether the subsequent project was described in the Master EIR and whether the subsequent project may cause any additional significant effect on the environment which was not previously examined in the Master EIR. The City of Santa Ana, as the lead agency, reviewed CEQA Appendix G: Environmental Checklist Form and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. o The lead agency for the subsequent project determines, on the basis of written findings, that no additional significant environmental effect will result from the proposal, no new additional mitigation measures or alternatives may be required, and that the project is within the scope of the Master EIR. "Additional significant environmental effect" means any project- specific effect which was not addressed as a significant effect in the Master EIR. No additional significant environmental effect will result from the proposed development project and therefore no additional mitigation measures or alternatives are required. The proposed development project is within the scope of the Master EIR and the Transit Zoning Code. • Whether a subsequent project is within the scope of the Master EIR is a question of fact to be determined by the lead agency based upon a review of the initial study to determine whether there are additional significant effects or new additional mitigation measures or alternatives required for the subsequent project that are not already discussed in the Master EIR. The City of Santa Ana, as the lead agency, has prepared an initial study on the proposal and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. • Prior to approval of the proposed subsequent project, the lead agency shall incorporate all feasible mitigation measures or feasible alternatives appropriate to the project as set forth in the Master EIR and provide notice in the manner required by Section 15087. All feasible mitigation measures have been incorporated including street improvements. Noticing of the subsequent action has been publicized in a newspaper, posted on the site and direct mailing notices to the owners and occupants within 500 feet of the subject property. Tentative Tract Map No. 2013 -02 May 28, 2013 Page 8 • When the lead agency approves a project pursuant to this section, the lead agency shall file a notice in the manner required by Section 15075. A Notice of Determination as set forth in Section 15075 shall be filed for the project identifying the aforementioned findings. A Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project. or\ -Jm skIreportMttm2o t 3 -o2.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Elevations and Materials Exhibit 6 — Landscape Plan Exhibit 7 — Tentative Tract Map No. 17406 Ik3�a'i [i� aloe ERR ERR a pip n. .mot. � : • � - ® �jrrj) rq m �ry { +i� £•�7 �f m� © ®� .� �® ®� ,:� +yam. +f� owl.......... . . . . . . . . NIA. I WM At GDOVLAGROAR)PALt CR 00MMMALFE9DWAL RI SNQJ�FAMILY"DWW .8 FARMMMMATION w GUA"WCMIER FQ TMFAWLYF4BDU4CE clw =WmAL9xmtmN mi UGMUUSTRAL FG MLLIKEDHOWMA-11PLE cl 001MUNMOONWOUAL w HFAVYINDLORk FAMLYFESDUCE C1410 00W. COMMER3AUMWIFA DISrRCT mo MfUlAWOPERM00% PA SiRAIMNAPARTMORS m G04TWOOKWO� 0 OMSIkCE FF FEsommGMIE C3 CHMKLMNESS p FFCFES90NAL m SIMM-DeAimatir 03-A CHMAL"NWARWMWAM PCD KAWED00MWWDaa.CFMatT a, MMRAN G4 RANNEDSOPHNUaMR FFO RANNED14MMMALDNEOPMENT cs ARIHMO�atA TENTATIVE TRACT MAP 2013-02 COUNTY MAP NO. 17406 620 EAST FIFTH STREET WO fEU V= 1000 RET P t A N N I N G A N D 8 U I L 0 1 N G A G E N 0 Y EXHIBIT I VICINITY MAP 32B -11 6TH STREET H F- w w w W w w ac N N N J O O 5TH STREET to to ,,.a..4o � '�, .� VAC. 11J w cc u U Z O Q COMM. > g CO M E R C I A L a -� 4TH STREET RES. COMM RC) L w C O M M E R C I A L V Q RESIDENTIAL l7 R S 1 f T i L TENTATIVE TRACT MAP 2013 -02 COUNTY MAP NO. 17406 A 620 EAST FIFTH STREET ply P L A N N I N G A N D B U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 I l7 z Y O RESIDENTIAL � J Q 0. C O M M E C I L TENTATIVE TRACT MAP 2013 -02 COUNTY MAP NO. 17406 A 620 EAST FIFTH STREET ply P L A N N I N G A N D B U I L D 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 I fi O LL § W <g V W �� o� gVLL Z Q � U to J m Z g a �� 8d a O LL z z w Q Fc� ~J v S vy Qx �i Q i Qi ''� u A A Q Y�d�Qz? LL aJ ga s o X z u z N Q so z ? v X U U O QQ oo U 8i �] N a gi t3 w a � � � Q U � iii RM V J i& N a� NI M YI 7 d p O Q � 4Q N aD pN f9 Q O LL § W <g V W �� o� gVLL Z Q 'a0 Q g Z a g LLQ § J m Z g a �� 8d a O LL �I Z o% w p4� in Q Q Fc� ~J v S vy Qx �i Q i Qi ''� u A A Q Y�d�Qz? LL aJ ga s o X z t� � I- tz U- a_ '1S U31HOd '1S U31NIN EOPBl13 I. c L H G c C u C c 0 u t- '� i 0 I I EXHIBIT 4 li'l f4 T d S > v fi 94", ago 8Z.4 .2 L4- Z-; LU z IR, i --------------- it---------------- -------------- Ni ---------------- Z-t ---------------- --------------- tj 94", ago 8Z.4 .2 L4- Z-; LU z IR, i 11 32B:195 of 3 m A 'D 0 cn LU Ni W Z-t tj .R7 11 32B:195 of 3 m A 'D 0 cn LU fi }_________________i i CN 32B316 N N 32B316 ■1 W , 151 1. - V4 O LU, Z I CL I 0 EXHIBIT 6 1 3 2 El-agi 7 of 3 10, I a Imam Z OX CID uj F- U) 4) Ow ©o ® ® ® ®0 14 O:S (P) (V) (4) (9) (A) (JR) (9) EXHIBIT 6 1 3 2 El-agi 7 of 3 fi L:iR E 11-70-71 Page 2 of 3 32B -18 O t; U I W LU I-- (4) of CS) Om & ®R Ow 0:5 so 9 (1) (R) (ND (A) OA (X) (R) (8) SZ r IV AN Page 2 of 3 32B -18 O t; U I W LU I-- (4) of CS) Om & ®R Ow 0:5 so 9 (1) (R) (ND (A) OA (X) (R) (8) SZ MCC 20 U Y U Qo o` Page 3 of 3 32B -19 cD 00 0 C) _ O N co W " o N � � Q � ^ Z 0 ? LU i U �Z< Oct) NO Z �� F Z z v Q 3 201 T Co W m a S � � S aE � J �Ne'{fN d� ud P fV NiiN{L �I 329 -920 @pR[[ 6S v a� a. v c 0 J v t Q u c 0 V m a� e Fm" alb ggl� fi IR N fi 141F UP t �- z (f) I a II �. CL p > = ccb 1 11 b s IS i .I S DO 88 JE) CO AMID - - -- y �i, ►�ti. k d a- 9E SIG 329Tf ROH — 05/28/13 RESOLUTION NO. 2013 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2013 -02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 620 EAST FIFTH STREET (COUNTY MAP NO. 17406) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2013 -02 (County Map No. 17406) to facilitate the development of an eight -unit residential condominium project located at 620 East Fifth Street. B. Tentative Tract Map No. 2013 -02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 28, 2013. C. For Tentative Tract Map N. 2013 -02, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and Resolution No. 2013 -07 Page 1 of 6 I consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -13). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 24,829 within the Transit Zoning (SD -84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is approximately 314.1 feet, exceeds the minimum required, providing ample street frontage for the project along Fifth and Porter Streets. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with single family dwellings and accessory structures. Environmental Impact Report 2006 -02 was adopted in 2010 for the Transit Zoning Code (TZC). The EIR analyzed a future build -out scenario for development at the maximum allowable intensity allowed under the TZC. The proposed project is within the anticipated land use, as well as, density and intensity outlined in the EIR. The project can be characterized as an Resolution No. 2013 -07 Page 2 of 6 1 infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. D. In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The discussion in the staff report identifies each criterion and provides the information necessary to find compliance. Accordingly, a Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Tentative Tract Map No. 2013 -02 (County Map No. 17406) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2013 -07 Page 3 of 6 32B -24 ADOPTED this 281th day of May 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle(6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana 32B -25 Resolution No. 2013 -07 Page 4 of 6 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2013 -02 (COUNTY MAP NO. 17406) Tentative Tract Map No. 2013 -02 (County Map No. 17406) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Title 24, California Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010 -13. 2. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC &Rs) shall be reviewed and approved by the Planning Division (Added by the Planning Commission, May 28, 2013) prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 7. Due to the technical expertise required to successfully execute a true Humpy Bumpy finish, the following condition shall apply: Prior to application of the building stucco finish, applicant shall prepare a sample wall section showing proposed Humpy Bumpy browncoat 16/20 finish with 3/8" variation IM•� MAY 28, 2013 PAGE 2OF2 and an additional section showing a 20 -30 sand finish. Final selection of the finish shall be reviewed and approved by staff. 8. Prior to installation of windows, applicant shall prepare a sample window showing proposed window detail. Window installation shall be reviewed and approved by staff. 9. Provide details of the mailbox or "gang box" to be installed. Such box shall be enclosed in a decorative pedestal to match architecturally with the proposed buildings. 10. Paving at driveway entrance and garage aprons shall match the proposed walkway paving of colored concrete, medium acid washed finish. 11. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and /or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 12. Common area improvements shall be installed, inspected, and approved prior to the utility release of the first unit. 32B -27 32B -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: TENTATIVE TRACT MAP NO. 2013 -03 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A SEVEN -UNIT RESIDENTIAL DEVELOPMENT AT 609 NORTH GARFIELD STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT i i CI NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Tentative Tract Map No. 2013 -03 (County Map No. 17499) as conditioned. PLANNING COMMISSION ACTION On May 28, 2013, the Planning Commission adopted a resolution approving Tentative Tract Map No. 2013 -03 (County Map No. 17499) as conditioned by a vote of 6:0 (Yrarrazaval absent) to allow a subdivision map to facilitate the development of a seven -unit residential project located at 609 North Garfield Street located in the Transit Zone Code (SD84) zoning district. The Planning Commission added language to the conditions of approval to provide clarity as outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. 7�1 Jay 1W. Trevino Executive Director Planning & Building Agency S K: rb sk \reports \TTM 2013 -03.cc Exhibit: A. Planning Commission Staff Report 32C -1 32C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 28, 2013 TITLE: PUBLIC HEARING — FILED BY BILL MCREYNOLDS, CITY VENTURES, INC. FOR TENTATIVE TRACT MAP NO. 2013-03 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A SEVEN -UNIT RESIDENTIAL DEVELOPMENT AT 609 NORTH GARFIELD STREET Prepared by Sergio -Klotz PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED 'r0 Executive Dir for Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Tentative Tract Map No. 2013 -03 (County Map No. 17499) as conditioned. DISCUSSION Request of the Applicant Bill McReynolds of City Ventures, Inc. is requesting approval of a subdivision map to facilitate the development of a seven -unit residential project located at 609 North Garfield Street. Tentative Tract Map No. 2013 -03 (County Map No. 17499) is a subdivision of property for condominium purposes, thus allowing the sale of residential units. Property Description The project site is located at the northeast corner of Garfield and Brown Streets. The site is rectangular in shape, flat parcel with an area of approximately 0.43 acre or 18,730 square feet. The site is vacant, but was previously developed with residences and various accessory structures that were demolished in 2003. The site is located within the Transit Zoning district (SD -84) and the Urban Neighborhood 2 (UN -2) designation and has a General Plan Land Use designation of Urban Neighborhood (UN) that allows residential development. The project site is surrounded by residential uses to the north, south and west. To the east are industrial uses (Exhibits 1 and 2). Project Description City Ventures is proposing to construct seven two -story residential units. The development project consists of two residential buildings containing five units and two units. Each building fronts on differing streets: the five -unit building along Garfield Street and the two -unit building along Brown Street. The project has been designed in compliance with the Transit Zoning Code and Citywide Design Standards, all units will be oriented towards the streets, with direct pedestrian access to the street. EXHIBIT A 32C -3 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 2 Each unit will have three bedrooms, two full bathrooms and a powder room, a detached two -car garage and laundry facilities. Access to the parking will be from an existing public alley to the east. The unit sixes will vary from 1,362 to 1,614 square feet. Each unit will have private open space located between the unit and garage. The project has been designed in a Mission Revival style that provides exterior finishes including smooth plaster, brick, tile and decorative wrought iron (Exhibits 3 through 6). A tract map for condominium purposes is proposed, since the units will be offered for sale. Common open space, driveways and common landscape will be held in common ownership, under the administration of a homeowners' association (HOA), while each unit and their corresponding private open space and garages will be held in individual ownership (Exhibit 7). P_rolect Background The proposed project is part of a larger development known as the Station District, which encompassed approximately six acres of land previously owned by the Santa Ana Redevelopment Agency (RDA). The properties were the subject of a disposition and development agreement approved in June of 2010 between the RDA and a development team which included Related California, Griffin Realty Corporation, and City Ventures. The Station District project is comprised of approximately 114 rental units and 24 for sale units. Related California recently completed construction of the rental component of the project which includes: Triada Court — a Mission Revival courtyard -style multi - family project with 74 units; Triada Gardens — a Contemporary Craftsman -style multi - family project with 25 units; and Triada Village — a collection of 10 historic single- family homes that were retained from the early- 1900's neighborhood and rehabilitated to their former historic character. With the exception of two manager units, 80% of the units will be available to families meeting the criteria for Very Low income (approximately $46,500 per year for a family of four), and 20% of the units will be available to families meeting the criteria for Extremely Low income (approximately $27,900 per year for a family of four). The term of this affordability requirement is 55 years and the units help to fulfill the City's state - mandated requirement to provide for affordable housing. The City Ventures component of the project is comprised of 25 for -sale townhouses of which, five units will be offered to those meeting the criteria for Moderate income (approximately $ 100,900 per year for a family of four). These units will also contribute to the City's satisfaction of its affordable housing requirement. The Station District project also includes a number of public improvements, such as a new joint - use community center at Garfield School, neighborhood - serving retail within the Triada Court building, improvements to sewer and water systems, upgrades to street lighting fixtures and a public art component. 32C -4 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 3 General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for residential development sites such as this multi - family residential development. Urban Neighborhoods are primarily residential areas with pedestrian oriented commercial uses, schools and small parks. The Urban Neighborhood allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses and single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and use, and other amenities. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkability, transit options, and other forms of transportation including pedestrian and bicycle travel. The project site is consistent with this General Plan land use designation. The site is surrounded by residential uses to the north, west and east; and a school to the south. Zoning for the site is the Transit Zoning Code, Specific Development District No. 84 (SD -84). This zone further designates this location as Urban Neighborhood 2 (UN2). This zone is applied to primarily residential areas intended to accommodate a variety of housing types, with some opportunities for live -work, neighborhood serving retail, and cafes. Appropriate building types include single dwellings, duplexes, triplexes and quadplexes, courtyard housing, rowhouses, and livework. In some areas, the more intense, hybrid court building type is allowed where additional intensity is warranted while maintaining compatibility with neighboring properties. The landscape is appropriate to a neighborhood, with shading street trees in parkway strips, and shallow -depth landscaped front yards separating buildings from sidewalks. Parking is in garages located away from street frontages. The Transit Zoning Code (TZC) further identifies development standards including building types, height, frontage types, building setbacks, open space and parking. The following identifies the proposed project's compliance with these standards: TZC Allowed (by right) Proiect Proposal Land Use: Multifamily Multifamily Building Type: Rowhouse Rowhouse Architectural Type: Mission Revival Mission Revival Height: Up to 3- stories 2- stories Frontage Type: Front and /Porch Front and /Porch Building Setbacks: Front 10 feet 10 feet Side 5 feet 6.7 feet Street Side 10 feet 10 feet Rear 15 feet Not applicable Alley Rear 3 feet 3.3 feet Open Space: 15% of space allocated /unit _ Private yds. 15% Parking Resident: 2 s aces /unit 2 spaces Ver unit Parkin Guest: 0.25 space/unit 0.25 s ace /unit Vehicular Access: Alley or side street Alley 32C -5 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 4 Based on the analysis, a multifamily residential project as proposed would be consistent with the Transit Zoning Code and the Urban Neighborhood 2 designation. Subdivision Map Analysis A tract map for condominium purposes is proposed to create for sale townhouses. Santa Ana Municipal Code Chapter 34 regulates subdivision of land consistent with the State of California's Subdivision Map Act. A subdivision map request may be granted when it can be shown that the following can be established: • That the proposed project is consistent with the General Plan and are otherwise consistent with all other Elements of the General Plan. • That the proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable city ordinances. • That the project site is physically suitable for the type and density of the proposed project. • That the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wild life or their habitat. • That the design or improvements of the proposed project will not cause serious public health problems. • That the design or improvements of the proposed project will not conflict with easements acquired by the public at large for access through or use of property within the proposed project. If these findings can be made, then it is appropriate to grant the subdivision action. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the tentative tract map request, staff believes that the following findings of fact warrant approval of the tentative tract map. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and 32C -6 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 5 identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. The project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -19). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. The proposed site consists of approximately 24,829 square feet within the Transit Zoning (SD- 84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is 314.1 feet, exceeds the minimum required, providing ample street frontage for the project along Fifth and Porter Streets. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. The project site is located in an urbanized area and was previously developed with single family dwellings and accessory structures. Environmental Impact Report 2006 -02 was adopted for the TZC in 2010. The EIR analyzed a future build -out scenario for development at the maximum allowable intensity allowed under the TZC. The proposed project is within the anticipated land use, as well as, density and intensity outlined in the EIR. Further, the EIR analysis found no evidence of endangered, rare or threatened species in the area. The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. • The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. • Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. The subdivision proposed is consistent with the City's General Plan and zoning requirements as well as other provisions of the State Subdivision Map Act. Conditions of approval are proposed to ensure orderly development and operation of the site. 32C -7 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 6 Public Notification The project site is located within the boundaries of the Lacy Neighborhood Association and in close proximity to the French Park Neighborhood Association. An extensive community outreach effort was undertaken to obtain input from resident and business stakeholders in the area dating back to 2010. Meetings were held with the Logan neighborhood, French Park neighborhood, Lacy neighborhood, at St. Joseph's Church, Santiago Lofts and with the business community. From that initial outreach process, a concept plan was developed which was presented to the community at two general meetings in January 2010 and several smaller meetings. The plan was then refined based on input received and further design and feasibility studies. In addition to the above outreach efforts, the presidents of the Lacy and French Park neighborhood associations were also notified by mail 10 days prior to this public hearing. Further, the site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from the neighborhood presidents or any members of the public. CEQA Compliance In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The following discussion will identify each criteria and provide the information necessary to find compliance. Section 15177: After a Master EIR has been prepared and certified, subsequent projects which the lead agency determines as being within the scope of the Master EIR will be subject to only limited environmental review. Environmental Impact Report No. 2006 -02 (EIR No. 2006 -02) was certified for the Transit Zoning Code in 2010. The proposed residential development project is within the scope of the EIR and the anticipated development occurring consistent with the Transit Zoning Code. Except as provided in subdivision (2) of this subdivision, neither a new environmental document nor the preparation of findings pursuant to section 15091 shall be required of a subsequent project when all the following requirements are met: o The lead agency for the subsequent project is the lead agency or any responsible agency identified in the Master EIR. 32C -8 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 7 The City of Santa Ana was identified in EIR No. 2006 -02 as the lead agency. The City of Santa Ana is the lead agency for this environmental review project. o The lead agency for the subsequent project prepares an initial study on the proposal. The initial study shall analyze whether the subsequent project was described in the Master EIR and whether the subsequent project may cause any additional significant effect on the environment which was not previously examined in the Master EIR. The City of Santa Ana, as the lead agency, reviewed CEQA Appendix G: Environmental Checklist Form and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. o The lead agency for the subsequent project determines, on the basis of written findings, that no additional significant environmental effect will result from the proposal, no new additional mitigation measures or alternatives may be required, and that the project is within the scope of the Master EIR. "Additional significant environmental effect" means any project- specific effect which was not addressed as a significant effect in the Master EIR. No additional significant environmental effect will result from the proposed development project and therefore no additional mitigation measures or alternatives are required. The proposed development project is within the scope of the Master EIR and the Transit Zoning Code. • Whether a subsequent project is within the scope of the Master EIR is a question of fact to be determined by the lead agency based upon a review of the initial study to determine whether there are additional significant effects or new additional mitigation measures or alternatives required for the subsequent project that are not already discussed in the Master EIR. The City of Santa Ana, as the lead agency, has prepared an initial study on the proposal and finds that the development project as proposed is within the scope of the Master EIR. Further, that the development project proposed will not cause any additional significant effect on the environment which was not previously examined. The proposed project is within the allowable limits outlined within the Master EIR and the Transit Zoning Code. • Prior to approval of the proposed subsequent project, the lead agency shall incorporate all feasible mitigation measures or feasible alternatives appropriate to the project as set forth in the Master EIR and provide notice in the manner required by Section 15087. All feasible mitigation measures have been incorporated including street improvements. Noticing of the subsequent action has been publicized in a newspaper, posted on the site and direct mailing notices to the owners and occupants within 500 feet of the subject property. 32C -9 Tentative Tract Map No. 2013 -03 May 28, 2013 Page 8 • When the lead agency approves a project pursuant to this section, the lead agency shall file a notice in the manner required by Section 15075. A Notice of Determination as set forth in Section 15075 shall be filed for the project identifying the aforementioned findings. A Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project._ _ SK:jm skVepGr(sNttrn201 3 -03. pe Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Elevations and Materials Exhibit 6 — Landscape Plan Exhibit 7 — Tentative Tract Map No. 17499 32C -10 SEVENTEENTH NO m ® �r�i`. / ✓i� Sri,''; �� /�� %f�/'�. NMISri 1 �l �`•I' ST. ® M 1 Overlay Zone ® M2 Overlay Zone C> a z cop l � cop i At GDUALAa4aX7 1KQ CR CCMMOWIFESDBJRAI. R1 9NGiEFA}AILYFE9DenM •B FAINNGMOCIRC411CN 00 GO'VOMENTa NTER Fe TAMNLYFSDeKE M1 OCMMFirMALSOMMAIN M7 LK,'FRINDUSIRAL FU MLL7REw49NMLpLnFIE Cl OCMIMLNRYOOMMMAL MY WAVeINDUSM& FAMILYFISOMCE Cl-M110 CO W.00FAMUMUMUMNCASIRCr MO MIUTAWOFEFAT N8 R1 SALRBANAFARWEWS C2 G94Er4kL0 MMHY7AL 0 OFBJ9i FE ffDF VIALEME C3 COMALHANESS P FFCfESCNAL SD MRCDLLflOPMENr C3-A C8lIWlLF3,1 MWAROSMUACE FCD RAMWoommumoLM9.OPMENr 9' MOCRAN N RANhW%CFHNG0NM no PIAMIK) Ra 094W MftoFMRdr C5 AMERALOMAHM TENTATIVE TRACT MAP 2013 -03 COUNTY MAP NO. 17499 609 NORTH GARFIELD STREET - - WO FEET V= 1000 REEF P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 32C -11 �o. e-4 p. G AN s A G � • S o IF i MUTLI- 9 0 - FAMILY < RESIDENTIAL MUTLI - f FAMILY RESIDENTIAL; ,= L MUTLI - A �' � p L FAMILY -p VAC. RESIDENTIAL 1 s O INDUST. INDUST. TENTATIVE TRACT MAP 2013 -03 COUNTY MAP NO. 17499 A 609 NORTH GARFIELD STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 32C -12 t-^ Z_ B 5 U o 9w s � V� � a � o a a 9 cdig gR � �. a m m Q Q� 2z °Bi m p 8 O 95 do o e, x J a iC �j N o im az g�i 9sI"ix w rP�i er� 5 � � `•' & � � � � �1 rs ° ° in � n b b `° � `ad ° � m � Q(z] C 0 LL LO LLI i s? Z I I - 1 I '1S NM0H8 I �- i } Q s II _ D TT , 1 1 r 2 N i J LL. e J '- Q C w �s LL- - ----- - ----- 1 i 3 L b Lrj a c b , T b ! 0 -- - - : BUR i IT I ----------------------------------- z. i L -------------------------------- ------------------------ rut Li cc ca; m s CM rut leg 03 q-r��w� I" LT., - ---------- -------- I ...... . . . ---- EXHIBIT 4 P1 & -14 C/) Z < lz :� v 0 a- a. F— z 07 0 rr= to QI -r - v I - -------- -i R i ----------i 8 '------ - - -i P3e2 G -15 1�0 i� z a L L L L F C 1 f / d S t X71 fp f R =u JZ Q- Z JH f~ NV Y- Qi JU Jc 3 v r y D Z O ti a mcr rc O O o(.0 o 0 yU Page 2 of 2 32C -17 z0: UO O QU Y U cc m man W c� U OM w O O co O O O N J Q 3 a L °n v, Q 4 1 Z Z Q� O Lu'0 >'` u cc w W >� a �� Z jJ tong N J �Z Q Z � Uw z J Q 3 a s!' J1t I j„ 1 N wf . vS 6 n d w �i EXHIBIT 6 32C -18 1� J S c to. u� ,a a N 3 � C3 J t � h � Q Q� c 0 V a? V) P. I P Y s gg �pp 44 „ es ., si i�� p�aB �Y�g �� •�� :2r171 its iL --_ �Ydn yr rx2n m•W f; �•1 rr 'L P' © L R ��•. j I1 1 f j c IL Illy oo rZ, r Q I...., Cc CL < `t p !# � 2BigQ O � Jj O y'10�2_• lfou 4 tl b vi 13336 IK Q I i� R• D r � K - sg ��rrrrrrII AV RN qq R II 1 O �P1i� 1� t x 9 Val 1 1.11 32CE11f IT 7 ROH — 05/28/13 RESOLUTION NO. 2013 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2013 -03 AS CONDITIONED FOR THE PROPERTY LOCATED AT 609 NORTH GARFIELD STREET (COUNTY MAP NO. 17499) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Tentative Tract Map No. 2013 -03 (County Map No. 17499) to facilitate the development of a seven -unit residential condominium project located at 609 North Garfield Street. B. Tentative Tract Map No. 2013 -03 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 28, 2013. C. For Tentative Tract Map N. 2013 -03, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Medium Density Residential designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The project will be consistent with the purpose of the general plan Land Use and Housing Element, as it will further the goals and policies of the plan and not obstruct their attainment. The project will assist towards addressing several of the Housing Element's Objectives including initiating development of Agency -owned property with quality affordable sustainable housing and providing housing that works towards meeting the City's share of the Regional Housing Needs Assessment (RHNA). Additionally, the project will further Land Use Element's Goal 3, Preserve and improve the character and integrity of existing neighborhood; Policy 3.1, Support development which provides a positive contribution to neighborhood character and identity; Policy 3.5, Encourage new development and /or additions to existing development that is compatible in scale, and Resolution No. 2013 -08 Page 1 of 6 32C -20 consistent with the architectural style and character of the neighborhood; and Policy 5.5, Encourage development which is compatible with, and supportive of surrounding land uses. Further, the project provides infill housing, increases the housing stock, and preserves the character and integrity of the surrounding residential neighborhoods. The project is not located within any specific plan area of the city. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project meets the letter and intent of the State of California Subdivision Map Act and conforms to Chapters 34 and 41 of the Santa Ana Municipal Code, which pertain to the subdivision, development standards for the site. Additionally, the project will conform to other applicable codes and city ordinances as identified during the Site Plan Review process (DP No. 2010 -19). Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to the City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. The proposed site consists of approximately 18,730 within the Transit Zoning (SD -84) and the Urban Neighborhood 2 (UN -2) zoning district. The site's lot frontage, which is over 250 feet, exceeds the minimum required, providing ample street frontage for the project along Garfield and Brown Streets. Since the topography of the site is flat and its geometry is rectangular, the site has been determined to be physically suitable for a residential development at the proposed density since there are no physical constraints on the site to preclude development. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located in an urbanized area and was previously developed with a single family dwellings and accessory structures. The project can be characterized as an infill development adequately served by all required utilities and public services. There are no known fish or wildlife populations existing on the site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Resolution No. 2013 -08 Page 2 of 6 32C -21 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed development will not cause serious public health problems. The proposed project will comply with all applicable Title 24, California Building Code, and all other applicable regulations intended to safeguard the public. As a residential use, there will be no hazardous material, noxious fumes or vibrations generated by the use. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative tract map for condominium purposes for this project will not create conflicts with any easements necessary for the public access through the subject property, as there are none identified on the most current title report. D. In accordance with Section 15177 of the California Environmental Quality Act (CEQA), the project is within the scope of the Environmental Impact Report (EIR) for the Transit Zoning Code (SD 84) certified June 7, 2010 (SCH 2006071100) and, as such, does not require additional environmental review subject to compliance with certain criteria. The discussion in the staff report identifies each criterion and provides the information necessary to find compliance. Accordingly, a Notice of Determination pursuant to Section 15075 for Environmental Review No. 2013 -36 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Tentative Tract Map No. 2013 -03 (County Map No. 17499) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 28, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of May, 2013 by the following vote: AYES: Commissioners: Alderete, Bacerra, Crespo, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2013 -08 Page 3 of 6 32C -22 Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013 -08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 28, 2013 . Date: Secretary of the Planning Commission City of Santa Ana 32C -23 Resolution No. 2013 -08 Page 4 of 6 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 2013 -03 (COUNTY MAP NO. 17499) Tentative Tract Map No. 2013 -03 (County Map No. 17499) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Title 24, California Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tract map. Failure to comply with each and every condition may result in the revocation of the vesting tentative tract map. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2010 -19. 2. The Tentative Tract Map, Final Map, and all improvements required of the subdivider shall be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. The covenants, conditions, and restrictions (CC &Rs) shall be reviewed and approved by the Planning Division (Added by the Planning Commission, May 28, 2013) prior to approval of the final tract map, and shall be recorded prior to the issuance of building permits. 4. The final tract map shall be recorded within one year of the date of approval of the tentative map by the City Council. 5. The final tract map shall be approved and recorded prior to issuance of building permits. 6. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. All easements shall be recorded prior to or concurrent with the final map. 7. Due to the technical expertise required to successfully execute a true Humpy Bumpy finish, the following condition shall apply: Prior to application of the building stucco finish, applicant shall prepare a sample wall section showing proposed Humpy Bumpy browncoat 16/20 finish with 3/8" variation 32C -24 MAY 28, 2013 PAGE 2OF2 and an additional section showing a 20 -30 sand finish. Final selection of the finish shall be reviewed and approved by staff. 8. Prior to installation of windows, applicant shall prepare a sample window showing proposed window detail. Window installation shall be reviewed and approved by staff. 9. Provide details of the mailbox or "gang box" to be installed. Such box shall be enclosed in a decorative pedestal to match architecturally with the proposed buildings. 10. Paving at driveway entrance and garage aprons shall match the proposed walkway paving of colored concrete, medium acid washed finish. 11. All utility meters and boxes shall be placed in vaults below grade. Any above grade meter and /or box shall be reviewed by the Planning Division Manager to ensure all options have been reviewed. 12. Common area improvements shall be installed, inspected, and approved prior to the utility release of the first unit. 32C -25 32C -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: ORDINANCE AND RESOLUTION REGARDING ADMINISTRATIVE FINES RELATING TO CODE ENFORCEMENT VIOLATIONS CI ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance amending the Santa Ana Municipal Code to allow the amount of administrative fines and penalties to be set by Resolution. 2. Adopt a Resolution adjusting administrative fines imposed for violations of the Santa Ana Municipal Code. DISCUSSION The Santa Ana Municipal Code (SAMC) provides that violations of the code may be prosecuted as misdemeanors, punishable by fine and /or imprisonment. Alternatively, the Code authorizes enforcement through the issuance of administrative citations, and the imposition of fines for the violations. Currently the administrative fine imposed for violating the provisions of SAMC are $100 for a first violation, $200 for a second violation of the same code section within a one year period, and $500 for succeeding violations within the one year period. Additionally, the SAMC authorizes the imposition of a special assessment in those cases which a violator fails to pay the fine within the allowed time. With the adoption of the proposed Ordinance, the Municipal Code will authorize the City Council to establish, by resolution, the amount of administrative fines and penalties. The proposed Resolution increases the fines for most code violations to a maximum of $100 for the first violation, $500 for a second violation of the same provision within a one year period and $1,000 for subsequent violations of the same section within the one year period. Fines for violations designated as infractions by the SAMC, such as leaving trash cans in the street, will remain at current levels, not to exceed $100 for the first violation, $200 for the second violation 5OA -1 Ordinance and Resolution Regarding the Amount of Administrative Fines and Penalties Relating to Code Enforcement Violations June 17, 2013 Page 2 within a one year period and $500 for subsequent violations of the same provision within one year. The proposed fine amounts have been developed based on Government Code § 53069.4 and § 36900, which authorize the City to make violations of its municipal code subject to administrative enforcement. Government Code §36900 allows the imposition of fines to a maximum of $1,000 for building and safety code violations. Although the Government Code sets the maximum fines for violations that would otherwise be infractions at the $100, $200 and $500 level, these maximum limits are not applicable to the majority of Santa Ana violations which the Municipal Code designates misdemeanors. The Government Code does not provide express limits on administrative fines for violations that can otherwise be prosecuted as misdemeanors. Therefore, Council may approve the application of the higher fines to all violations. FISCAL IMPACT Approval of the proposed resolution will increase the existing administrative fines for violations of the Santa Ana Municipal Code. If approved, the increase in revenue for the General Fund is anticipated to create a beneficial impact for the City; however, the amount of revenue will vary from year to year depending on the number of code violations. Carlos Rojas Acting Chief of Police Santa Ana Police Department Jay. -M Trevino Executive Director Planning & Building Agency Iss6/17/13 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code section 53069.4 authorizes the City, by ordinance, to make any violation of any ordinance enacted by the City subject to an administrative fine or penalty; and B. Government Code section 53069.4 authorizes the City to establish by ordinance, procedures governing the imposition, enforcement, collection and administrative review of those administrative fines or penalties; and C. The City has determined that the issuance of administrative citations tends to benefit real property located in the City by increasing the likelihood that public nuisances will be removed, thereby enhancing and protecting the public health, safety and welfare of the community; and D. The City has decided to set the amount of administrative citation fines and penalties in line with California Government Code Section 36900, which establishes maximum limits for administrative fines and penalties. Section 2. The adoption of this ordinance is exempt from CEQA and a Notice of Exemption will be filed if this ordinance is adopted. Section 3. Section 1 -21.3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in bold, deleted language in strikeout for tracking purposes only): Sec. 1 -21.3. Fines (a) The amount of fines for violating provisions of the code shall be established and amended by resolution of the City Council. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. (b) Fines are due on the day specified in the administrative citation, or in the event of an appeal, as determined by the Hearing Officer. Any re Pn)Rslihle nercen Whe reneive� an Adrnlnestrative Gotateen shall not be Fequired to pay a fi E; E)f the following: (c) The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action and /or a special assessment and /or lien on real property. Section 4. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2013 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 5OA -5 Clerk of the Council City of Santa Ana �3�L�� Lss6/17/13 RESOLUTION NO. 2013 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 53069.4 authorizes the City to make violations of the Santa Ana Municipal Code (SAMC) subject to an administrative fine and penalty. B. Santa Ana Municipal Code Sections 1 -21 through 1 -21.9 set forth the administrative citation process which provides for notice of the violation and the opportunity to contest the citation. If the citation is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, the responsible person is provided sufficient time to correct the violation before a fine is imposed. C. Proposed Ordinance NS —XXXX authorizes the City Council to establish by resolution fines associated with administrative citations. Section 2. The City Council hereby establishes the following fine amounts for administrative citations for violations of the SAMC in accordance with the maximum limits established by California Government Code Section 36900. A. Administrative citation fines shall be assessed in the following amounts: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; Resolution No. 2013 -XXX 5OA -7 Page 1 of 2 2. A fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance, code provision or permit condition within one year from the date of the first violation; and 3. A fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance, code provision or permit condition within one year from the first violation. B. Notwithstanding the foregoing, administrative citation fines for violations designated as infractions and for which fine amounts are not specifically stated, shall be assessed in the following amounts: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same code provision within one year from the date of the first violation; and 3. A fine of five hundred dollars ($500.00) for each additional violation of the same code provision within one year of the first violation. Section 3. This Resolution shall take effect on the effective date of the Ordinance XXXX, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2013 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney M Laura Sheedy Assistant City Attorney Miguel A. Pulido Mayor Q Resolution No. 2013 -XXX 5OA -8 Page 2 of 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2013 -XXX 5OA -9 Page 3 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY C AGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency annually is required to submit to the City Council a resolution approving the City's Investment Policy and the Statement of Investment in accordance with State Law. The policy outlines the City's policies and practices. The primary goals are: 1) To assure compliance with all Federal, State, and Local laws governing the investment of monies. 2) To provide the safety of principal and sufficient liquidity. 3) To provide an investment return within the parameters of the Statement of Investment Policy. The investment policy applies to all financial assets of the City, with the exception of Bond Proceeds. A review of the investment policy is scheduled for the coming fiscal year and will be reviewed in conjunction with the Finance, Economic Development & Technology Council Committee. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Resolution Exhibit 2 Investment Policy 55A -1 55A -2 jxs: 6/10/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. California Government Code §53646, provides that each city may have a written statement of investment policy to govern investment of the City's monies. B. Pursuant to §53646, the City Treasurer shall annually submit a statement of investment policy for City Council consideration. C. The City Treasurer has submitted the attached Statement of Investment Policy to this Council at its regular meeting of June 17, 2013, for its consideration. Section 2. The City Council of the City of Santa Ana has duly considered and approves the City's statement of investment policy submitted by the City Treasurer. Section 3. The City Treasurer shall submit quarterly reports to the City Council stating all investments made in the preceding quarter and that such investments have been made in conformance with the City's investment policy. 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 12013. Miguel A. Pulido Mayor Resolution No. 2013 -XXX Page 1 of 2 55A -3 APPROVED AS TO FORM: Sonia Carvalho, City Attorney In Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2013 -XXX Page 2 of 2 Clerk of Council City of Santa Ana 55A -4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013/2014 INTRODUCTION: This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury Manager only. The investment policy applies to all financial assets of the city which are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial /investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. OBJECTIVES: 1. SAFETY OF PRINCIPAL - Safety of principal is the foremost objective of the City of Santa Ana. Each investment transaction shall be undertaken in a manner that seeks to 55A -5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 2 ensure preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: Limiting investments to the safest types of securities; Pre - qualifying the financial institutions, broker /dealers, intermediaries, and advisors with which the City will do business; and Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and By investing operating funds primarily in shorter -term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD - The City's Fund shall be designed with the objective of attaining a market - average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 3 portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market - average rate of return is defined as the average return on three -month U.S. Treasury Bills. The City strives to maintain one hundred percent (100 %) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS: The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 16429.1 and Title 5, Division 2, Part1, Chapter 4, entitled Financial Affairs, commencing with section 53630. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GNMA (Government National Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there is no percentage limitation on these issues, the "prudent 55A -7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 4 investor' rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of banker's acceptances may not exceed one hundred, eighty (180) days or forty percent (40 %) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30 %) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Inc. ( Moody's), Standard and Poor's (S &P) or Fitch Financial Services, Inc. (Fitch). The corporation that issues the commercial paper shall be organized and operating within the United States, shall have total assets in excess of five - hundred, million dollars ($500,000,000), and shall issue debt, other than commercial paper, if any, that is rated "A" or higher by Moody's or S &P or Fitch. Eligible commercial paper shall have a maximum maturity of two- hundred seventy (270) days or less. The City may purchase no more than ten percent (10 %) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty -five percent (25 %) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state - chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by a state - licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30 %) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. F. Repurchase Agreements. For purposes of this section, the term "repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party li CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 5 custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be valued daily by the tri- party custodial agent. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or thirty percent (30 %) of the cost value of the Fund. G. Local Agency Investment Fund - State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor' rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (15 %) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5 %) of the cost value of the Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three following: Moody's, S &P or Fitch, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience managing money market funds with assets under management in excess of five - hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. The City shall not invest any funds in inverse floaters, range notes, or interest only strips that .-1 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 6 are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City's portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest - bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one - hundred, ten percent (110 %) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one - hundred, fifty percent (150 %) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first two- hundred, fifty- thousand dollars ($250,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $250,000 because we receive a higher interest rate. QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker - dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State - Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one - hundred, twenty (120) days of the Institution's fiscal year -end. 55A -10 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 7 SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non - investment employees and reconfirmed by the City's accounting staff. In addition, the City's accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City's ability to meet its pool's expenditure requirements for the next six months. 55A -11 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2013 -2014 Page 8 POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. Francisco Gutierrez Executive Director Finance & Management Services Agency 55A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: AMENDMENT TO RESOLUTION NUMBER 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY C T NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to continue to provide additional partially -paid temporary military leave of absence and dependent benefits for City employees called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001 -065, providing for additional partially -paid temporary military leave of absence for full -time officers or employees of the City called to active military service with the Armed Forces of the United States in connection with the then - current military crisis, and for continuation of dependent benefits. That Resolution also provided that its terms would expire unless extended by further action of the City Council. The City Council has subsequently adopted resolutions extending th Resolution No. 2001 -065. By adopting the subject Resolution, the City termination date to June 30, 2014, and continue to assist City employee s financial hardships resulting from active duty service in connection with military commitment. 55B -1 e termination date of Council will extend the and their families with the continuing current Amendment to Resolution Number 2001 -065 June 17, 2013 Page 2 of 2 FISCAL IMPACT Funds are available in the various affected departmental salary and benefit accounts (61000 through 61180). APPROVED AS TO FUNDS AND ACCOUNTS: Edward S. Raya Francisco Gutierrez Executive Director Executive Director Personnel Services Agency Finance and Management Services Agency r l RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY - PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001 -065 which provided for an additional partially -paid temporary military leave of absence for each full -time officer or employee of the City who had been called to active military service with the Armed Forces of the United States in connection with the then ongoing military crisis. That Resolution has been extended since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001 -065, as amended, will terminate unless extended by further action of the City Council or otherwise required by law. C. The City Council wishes to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with continuing military commitments. Section 2: That Section 5 of Resolution No. 2001 -065, as amended, is further amended to read as follows: "Section 5. This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2014, unless extended by further action of the City Council or otherwise required by law." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 2001 -065, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after July 1, 2013. ADOPTED this 17th day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013- to be the original resolution adopted by the City Council of the City of Santa Ana on June 18, 2013. Date: 55B -4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: APPOINTMENT OF ALTERNATE MEMBER TO THE ORANGE COUNTY COUNCIL OF GOVERNMENTS ( OCCOG) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Select an alternate member to the Orange County Council of Governments. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. Currently, the City is represented at Orange County Council of Governments ( OCCOG) by Councilmember Martinez with no alternate. An alternate is needed to continue to represent the interest of the City at meetings when Councilmember Martinez is not able to attend. The regular meetings are held on the 4th Thursday of every month from 10:30 a.m. to 12 noon. OCCOG Background OCCOG is a joint powers agency comprised of 39 dues - paying agencies in Orange County and membership in OCCOG is voluntary. Originally established by 30 founding member agencies in April 1996 but with roots going back as far as the 1970's under various names, member agencies recognized the public interest, convenience, and necessity in creating a separate legal entity. Known as the OCCOG, this organization was to establish a unified Orange County position in performing its charge as an official subregion of SCAG, the federally designated Metropolitan Planning Organization (MPO). In July 2009, the Orange County Transportation Authority (OCTA) assumed the administrative responsibilities and entered into a cooperative agreement for administrative services with OCCOG. The member agencies of OCCOG include 33 Orange County cities, the County of Orange, the Transportation Corridor Agencies, the Orange County Transportation Authority, the Orange County Sanitation District and the Independent Special Districts of Orange County. 65A -1 Appointment of Alternate Member to the Orange County Council of Governments June 17, 2013 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: PUBLIC HEARING — REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS //;7 G ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Accept the report on Water Quality Relative to Public Health Goals. DISCUSSION The United States Environmental Protection Agency ( USEPA) sets national regulatory standards, known as Primary Maximum Contaminant Levels (MCLs). The California Department of Public Health (CDPH) is then responsible for enforcing compliance with these MCLs, and sometimes makes them more stringent. In addition, the California Environmental Protection Agency Office of Environmental Health Hazard Assessment establishes Public Health Goals (PHGs) for drinking water contaminants to serve as guidance for regulatory agencies and the public. A PHG represents a health - protective level for a contaminant that public water systems should strive to achieve, if it is feasible to do so. A PHG does not establish a "safe" level of a contaminant; it is merely a goal. As long as drinking water complies with all MCLs enforced by CDPH, it is considered safe for public consumption, even if it contains contaminants at levels exceeding the PHG. Under the provisions of the California Health and Safety Code, the City is required to prepare a special report identifying water quality measurements that have exceeded PHGs. The City prepared this special report in accordance with the Association of California Water Agencies (ACWA) guidelines. (See Exhibit 1.) For 2010, 2011, and 2012, the report shows that Santa Ana's drinking water continues to meet all State of California, Department of Public Health, and USEPA drinking water standards set to protect public health. However, the City's drinking water content of naturally occurring uranium, arsenic, and copper exceeded the recommended PHG levels. Based on the USEPA studies for naturally occurring uranium and arsenic, additional treatment would be very expensive, marginally effective, and will not result in significant reduction of the contaminants. Therefore, no action is proposed. The best available technology to reduce copper levels is optimized corrosion control. The California Department of Public Health has determined that the City has optimized corrosion control with our treatment and monitoring procedures. Therefore, implementation of new treatment technologies is also not recommended. 75A -1 Public Hearing — Water Quality Relative to Public Health Goals June 17, 2013 Page 2 State law specifies that a public hearing be held for the purpose of accepting and responding to public comments on the report. This public hearing meets the legal requirement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscalimpact associated with this action. (-�. Raul Godine II, P!E. Executive Director Public Works Agency Exhibit 1: City of Santa Ana Report on Water Quality Relative to Public Health Goals Reference 1: State Law Reference 2: Listing of all regulated constituents with the MCLs and PHGs or MCI-Gs Reference 3: 2010, 2011, 2012 Annual Water Quality Reports 75A -2 EXHIBIT 1 CITY OF SANTA ANA REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS Background: Provisions of the California Health and Safety Code (Reference No. 1) specify that larger ( >10,000 service connections) water utilities prepare a special report by July 1, 2013, if their water quality measurements have exceeded any Public Health Goals (PHGs). PHGs are non- enforceable goals established by the Cal -EPA's Office of Environmental Health Hazard Assessment ( OEHHA). The law also requires that where OEHHA has not adopted a PHG for a constituent, the water supplier is to use Maximum Contaminant Level Goals (MCLGs) adopted by the United States Environmental Protection Agency ( USEPA). Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed. (Reference No. 2 is a list of all regulated constituents with the MCLs and PHGs or MCLGs). There are a few constituents that are routinely detected in water systems at levels usually well below the drinking water standards for which no PHG nor has MCLG yet been adopted by OEHHA of USEPA including Total Trihalomethanes. These will be addressed in a future required report after a PHG has been adopted. The law specifies what information is to be provided in the report. (See Reference No. 1) If a constituent was detected in the City's water supply between 2010 and 2012 at a level exceeding an applicable PHG or MCLG, this report provides the information required by law. Included is the numerical public health risk associated with the MCL and the PHG or MCLG, the category or type of risk to health that could be associated with each constituent, the best treatment technology available that could be used to reduce the constituent level, and an estimate of the cost to install treatment if appropriate and feasible. What Are PHGs? PHGs are set by the California Office of Environmental Hazard Assessment ( OEHHA), which is part of Cal -EPA and are based solely on public health risk considerations. None of the practical risk - management factors that are considered by the USEPA or the California Department of Public Health (CDPH) in setting drinking water standards (MCLs) are considered in setting the PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs. Water Quality Data Considered: All of the water quality data collected by our water system between 2010 and 2012 for the purpose of determining compliance with drinking water standards was considered. This data 1 75A -3 was all summarized in our 2010, 2011, and 2012 Annual Water Quality Reports, which were mailed to all of our customers. (Reference No. 3) Guidelines Followed: The Association of California Water Agencies (ACWA) formed a work group, which prepared guidelines for water utilities to use in preparing these required reports. The ACWA guidelines were used in the preparation of this report. Best Available Technology and Cost Estimates: Both the USEPA and CDPH adopt what are known as BATs or Best Available Technology, which are the best known methods of reducing contaminant levels to the MCL. Costs can be estimated for such technologies. However, since many PHGs and all MCLGs are set lower than the MCL, it is not always possible nor feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible because it is not possible to verify by analytical means that the level has been lowered to zero. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality. Constituents Detected That Exceed a PHG or a MCLG: The following is a discussion of constituents that were detected in one or more of our drinking water sources at levels above PHG. Naturally Occurring Uranium The PHG for Natural Uranium is 0.43 pCi /L. The MCL or drinking water standard for Natural Uranium is 20 pCi /L. We have detected Natural Uranium in 3 of our 20 wells at levels 1.39 to 10.20 pCi /L. The levels detected were below the MCL. The category of health risk associated with Natural Uranium, and the reason that a drinking water standard was adopted for it, is that people who drink water containing Natural Uranium above the MCL throughout their lifetime could experience an increased risk of cancer. The 20 pCi /L MCL established by the CDPH if complied with should have no adverse health effect. The numerical risk for cancer for water containing Uranium at the PHG level of 0.43 pCi /L is one case in 1,000,000. The large water system BAT for Natural Uranium to lower the levels below the PHG is Ion Exchange. Total water production for all affected wells is 6,060 gallons per minute. Based on the USEPA studies, the initial cost to treat one thousand gallons of water at 80 percent removal efficiency for large water systems ranges from $0.67 to $1.84. The on going cost for the treatment ranges from $0.57 to $0.74 per thousand gallons of water treated. For the City of Santa Ana, the estimated cost to install such treatment systems (Ion Exchange) ranges between $5.56 and $15.28 Million. The cost to operate the treatment facilities will range from $4.73 to $6.14 million per year. The cost to build the treatment facilities would result in an assumed increased cost for each customer of $16.46 to $45.21 in the first year and from $14.01 to $18.18 per customer annually. 75A2 4 Copper The PHG for copper is 0.3 mg/L. There is no MCL for Copper. Instead the 90th percentile value of all samples from household taps in the distribution system cannot exceed an Action Level of 1.3 mg/L for copper. The category of health risk for copper is gastrointestinal irritation. Numerical health risk data on copper have not yet been provided by OEHHA, the State agency responsible for providing that information. All of our source water samples for copper in 2012 were less than the PHG. Based on extensive sampling of our distribution system in 2012, our 90th percentile value for copper was 0.14 mg/L. Our water system is in full compliance with the Federal and State Lead and Copper Rule. Based on our extensive sampling, it was determined according to State Regulatory requirements that we meet the Action Levels for copper. Therefore, we are deemed by CDPH to have "Optimized Corrosion Control" for our system. In general, optimizating corrosion control is considered to be the best available technology to deal with corrosion issues and with any lead or copper findings. We continue to monitor our water quality parameters that relate to corrosively, such as pH, hardness, alkalinity, and total dissolved solids. Action will be taken if necessary to maintain our system in an "Optimized Corrosion Control" condition. Since we are meeting the "Optimized Corrosion Control" requirements, it is not prudent to initiate additional corrosion control treatment as it involves the addition of other chemicals, and there could be additional water quality issues raised. Therefore, no estimate of cost has been included. Arsenic The PHG for arsenic is 0.000004 mg/L. The MCL for arsenic is 0.10 mg/L. We have detected Arsenic in 6 of our 20 wells at levels 0.002 mg/L — 0.0032 mg/L. The levels detected were below the MCL. The category of health risk associated with Arsenic, and the reason that a drinking water standard was adopted for it, is that people who drink water containing Arsenic above the MCL throughout their lifetime could experience an increased risk of cancer. The 0.10 mg/L MCL established by the USEPA if complied with should have no health effect. The numerical risk for cancer for water containing Arsenic at the PHG level of 0.000004 mg/L is one case in 1,000,000. The large system BAT for Arsenic to lower the levels below the PHG is Ion Exchange. Total water production for all affected wells is 7,980 gallons per minute. Based on the USEPA studies, the initial cost to treat one thousand gallons of water at 80 percent removal efficiency for large water systems ranges from $0.67 to $1.84. The on going cost for the treatment ranges from $0.57 to $0.74 per thousand gallons of water treated. For the City of Santa Ana, the estimated cost to install such treatment systems (Ion Exchange) ranges between $5.56 and $15.28 Million. The cost to operate the treatment facilities will range from $4.73 to $6.14 million per year. The cost to build the treatment facilities would result in an assumed increased to each customer or $16.46 to $45.21 in the first year and from $14.01 to $18.18 per customer annually. 75A -5 Recommendations for Further Action: The drinking water quality of the City of Santa Ana meets all State of California, Department of Health Services and USEPA drinking water standards set to protect the public health. To further reduce the levels of the constituents identified in this report that are already significantly below the health -based Maximum Contaminant Levels established to provide "safe drinking water ", an additional costly treatment process would be required. The effectiveness of the treatment process to provide any significant reductions in the constituents' levels at these already low values is uncertain. The health protection benefits of these further hypothetical reductions are not at all clear and may not be quantifiable. Therefore, no action is proposed. 4 75A -6 Reference No. 1 State Law 75A -7 116470. (a) As a condition of its operating permit, every public water system shall annually prepare a consumer confidence report and mail or deliver a copy of that report to each customer, other than an occupant, as defined in Section 799.28 of the Civil Code, of a recreational vehicle park. A public water system in a recreational vehicle park with occupants as defined in Section 799.28 of the Civil Code shall prominently display on a bulletin board at the entrance to or in the office of the park, and make available upon request, a copy of the report. The report shall include all of the following information: (1) The source of the water purveyed by the public water system. (2) A brief and plainly worded definition of the terms "maximum contaminant level," "primary drinking water standard," and "public health goal." (3) If any regulated contaminant is detected in public drinking water supplied by the system during the past year, the report shall include all of the following information: (A) The level of the contaminant found in the drinking water, and the corresponding public health goal and primary drinking water standard for that contaminant. (B) Any violations of the primary drinking water standard that have occurred as a result of the presence of the contaminant in the drinking water and a brief and plainly worded statement of health concerns that resulted in the regulation of that contaminant. (C) The public water system's address and phone number to enable customers to obtain further information concerning contaminants and potential health effects. (4) Information on the levels of unregulated contaminants, if any, for which monitoring is required pursuant to state or federal .Law or regulation. (5) Disclosure of any variances or exemptions from primary drinking water standards granted to the system and the basis therefor. (b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following: (1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal. (2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant. (3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies. (5) Estimates the aggregate cost and the cost per customer of W�Y96� utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal. (6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision. (c) Public water systems required to prepare a report pursuant to subdivision (b) shall hold a public hearing for the purpose of accepting and responding to public comment on the report. Public water systems may hold the public hearing as part of any regularly scheduled meeting. (d) The department shall not require a public water system to take any action to reduce or eliminate any exceedance of a public health goal. (e) Enforcement of this section does not require the department to amend a public water system's operating permit. (f) Pending adoption of a public health goal by the Office of Environmental Health Hazard Assessment pursuant to subdivision (c) of Section 116365, and in lieu thereof, public water systems shall use the national maximum contaminant level goal adopted by the United States Environmental Protection Agency for the corresponding contaminant for purposes of complying with the notice and hearing requirements of this section. (g) This section is intended to provide an alternative form for the federally required consumer confidence report as authorized by 42 U.S.C. Section 300g -3(c). 75A -9 75A -10 Reference No. 2 Listing of all regulated constituents with the MCLs and PHGs or MCLGs. 75A -11 MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: December 31, 2009 The following table includes: CDPH's maximum contaminant levels (MCLs) CDPH's detection limits for purposes of reporting (DLRs) Public health goals (PHGs) from the Office of Environmental Health Hazard Assessment (OEHHA) (Units are in milligrams per liter (mg /L), unless otherwise noted.) 75A -12 State MCL DLR PHG or MCLG Date of PHG Chemicals with MCLs in 22 CCR §64431— Inorganic Chemicals Aluminum 1 0.05 0.6 2001 Antimony 0.006 0.006 0.02a 1997 Arsenic 0.010 0.002 0.000004 2004 Asbestos (MFL = million fibers per liter; for fibers >10 microns Ion 7 MFL 0.2 MFL 7 MFL 2003 Barium 1 0.1 2 2003 Beryllium 0.004 0.001 0.001 2003 Cadmium 0.005 0.001 0.00004 2006 Chromium, Total - OEHHA withdrew the 0.0025 -m /L PHG in 2001 0.05 0.01 (0.1) 1999 Chromium -6 - MCL to be established - currently regulated under the total chromium MCL -- 0.001 0.00006b Cyanide 0.15 0.1 0.15 1997 Fluoride 2 0.1 1 1997 Mercury (inorganic) 0.002 0.001 0.0012 1999 rev2005 " Nickel 0.1 0.01 0.012 2001 Nitrate as NO3 45 2 45 1997 Nitrite as N 1 as N 0.4 1 as N 1997 Nitrate + Nitrite 10 as N -- 10 as N 1997 Perchlorate 0.006 0.004 0.006 2004 Selenium 0.05 0.005 (0.05) -- Thallium 0.002 0.001 0.0001 1999 rev2004 Copper and Lead, 22 CCR 64672.3 Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are called 'Action Levels" under the lead and copper rule Copper 1 1.3 1 0.05 1 0.3 1 2008 Lead 1 0.015 1 0.005 1 0.0002 1 2009 Radionuclides with MCLs in 22 CCR §64441 and §64443— Radioactivity [units are picocuries per liter (pCi /L), unless otherwise stated; n/a = not applicable] Gross alpha particle activity - OEHHA concluded in 2003 that a PHG was not practical 15 3 (zero) n/a 75A -12 MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: December 31, 2009 75A -13 State MCL DLR PHG or MCLG Date of PHG Gross beta particle activity - OEHHA concluded in 2003 that a PHG was not practical 4 mrem /yr 4 (zero) n/a Radium -226 -- 1 0.05 2006 Radium -228 -- 1 0.019 2006 Radium -226 + Radium -228 (addressed together as one MCL 5 - - Strontium -90 8 2 0.35 2006 Tritium 20,000 1,000 400 2006 Uranium 20 1 1 1 0.43 2001 Chemicals with MCLs in 22 CCR §64444- Organic Chemicals (a) Volatile Organic Chemicals (VOCs) Benzene 0.001 0.0005 0.00015 2001 Carbon tetrachloride 0.0005 0.0005 0.0001 2000 1,2- Dichlorobenzene 0.6 0.0005 0.6 1997 rev2009 1,4- Dichlorobenzene -DCB 0.005 0.0005 0.006 1997 1, 1 -Dichloroethane 1,1 -DCA 0.005 0.0005 0.003 2003 1,2- Dichloroethane (1,2 -DCA) 0.0005 0.0005 0.0004 1999 rev2005 1,1- Dichloroeth lene 1,1 -DCE 0.006 0.0005 0.01 1999 cis- 1,2- Dichloroeth lene 0.006 0.0005 0.1 2006 trans- 1,2- Dichloroeth lene 0.01 0.0005 0.06 2006 Dichloromethane (Methylene chloride) 0.005 0.0005 0.004 2000 1,2- Dichloro ro ane 0.005 0.0005 0.0005 1999 1,3- Dichloropropene 0.0005 0.0005 0.0002 1999 rev2006 Eth (benzene 0.3 0.0005 0.3 1997 Methyl tertiary butyl ether MTBE 0.013 0.003 0.013 1999 Monochlorobenzene 0.07 0.0005 0.2 2003 Styrene 0.1 0.0005 0.1 ° 1,1,2,2 - Tetrachloroethane 0.001 0.0005 0.0001 2003 Tetrachloroeth lene (PCE) 0.005 0.0005 0.00006 2001 Toluene 0.15 0.0005 0.15 1999 1,2,4 - Trichlorobenzene 0.005 0.0005 0.005 1999 1, 1, 1 -Trichloroethane 1,1,1 -TCA 0.2 0.0005 1 2006 1,1,2- Trichloroethane 1,1,2 -TCA 0.005 0.0005 0.0003 2006 Trichloroeth lene (TCE) 0.005 0.0005 0.0017 2009 Trichlorofluoromethane Freon 11 0.15 0.005 0.7 1997 1,1,2 - Trichloro- 1,2,2 - Trifluoroethane (Freon 113 1.2 0.01 4 1997 Vinyl chloride 0.0005 0.0005 0.00005 2000 X lenes 1 1.75 0.0005 1.8 1997 (b) Non - Volatile Synthetic Organic Chemicals (SOCs) Alachlor 1 0.002 1 0.001 1 0.004 1 1997 Atrazine 1 0.001 1 0.0005 1 0.00015 1 1999 75A -13 MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: December 31, 2009 75A -14 State MCL DLR PHG or MCLG Date of PHG Bentazon 0.018 0.002 0.2 1999 rev2009 Benzo(a)pyrene 0.0002 0.0001 0.000004' 1997 Carbofuran 0.018 0.005 0.0017 2000 Chlordane 0.0001 0.0001 0.00003 1997 rev2006 Dalapon 0.2 0.01 0.79 1997 rev2009 1,2- Dibromo -3- chloropropane (DBCP) 0.0002 0.00001 1.7E -06 1999 2,4- Dichlorophenoxyacetic acid (2,4 -D) 0.07 0.01 0.02 2009 Di 2 -eth Ihex I adi pate 0.4 0.005 0.2 2003 Di 2 -eth Ihex I hthalate DEHP 0.004 0.003 0.012 1997 Dinoseb 0.007 0.002 0.014 1997 Di uat 0.02 0.004 0.015 2000 Endrin 0.002 0.0001 0.0018 1999 rev2008 Endothal 0.1 0.045 0.58 1997 Ethylene dibromide EDB 0.00005 0.00002 0.00001 2003 Glyphosate 0.7 0.025 0.9 2007 Heptachlor 0.00001 0.00001 0.000008 1999 Heptachlor epoxide 0.00001 0.00001 0.000006 1999 Hexachlorobenzene 0.001 0.0005 0.00003 2003 Hexachloroc clo entadiene 0.05 0.001 0.05 1999 Lindane 0.0002 0.0002 0.000032 1999 rev2005 Methoxychlor 0.03 0.01 0.03 1999 Molinate 0.02 0.002 0.001 2008 Oxam I 0.05 0.02 0.026 2009 Pentachloro henol PCP 0.001 0.0002 0.0003 2009 Picloram 0.5 0.001 0.5 1997 Polychlorinated bi hen Is PCBs 0.0005 0.0005 0.00009 2007 Simazine 0.004 0.004 0.004 2001 2,4,5 -TP Silvex 0.05 0.001 0.025 2003 2,3,7,8 -TODD (dioxin) 3x10$ 5x10-9 Me Thiobencarb 0.07 0.001 0.07 2000 Toxa hene 0.003 0.001 0.00003 2003 Chemicals with MCLs in 22 CCR 64533 - Disinfectant B roducts Total Trihalomethanes 0.08 -- -- -- Bromodichloromethane -- 0.0005 (zero) Bromoform -- 0.0005 (zero) Chloroform -- 0.0005 (0.07) Dibromochloromethane -- 0.0005 (0.06) Total Haloacetic Acids 0.06 -- -- -- Monochloroacetic acid 0.002 0.07) Dichloroacetic acid 0.001 (zero) Trichloroacetic acid 0.001 0.02) Bromoacetic acid 0.001 -- Dibromoacetic acid 0.001 -- 75A -14 MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: December 31, 2009 a. A draft CA PHG of 0.0007 mg /L was published in 2009 b. For informational purposes only - -no action needed at this time c. A draft CA PHG of 0.0005 mg /L was published in 2008 d. A draft CA PHG of 0.000013 mg /L was published in 2009 e. A draft CA PHG of 1 x10 -9 mg /L was published in 2007 f. Draft CA PHGs for individual trihalomethanes were published in 2009 " OEHHA's review of this chemical during the year indicated (rev200X) resulted in no change in the PHG. "` Surface water systems only 75A -15 State MCL DLR PHG or MCLG Date of PHG Bromate 0.010 0.005 0.0001 2009 Chlorite 1 0.02 0.05 2009 Microbiological Contaminants TT = Treatment Technique) Coliform % positive samples % 5 (zero) Cryptosporidium— TT (zero) Giardia Lamblia TT (zero) Legionella TT (zero) Viruses TT (zero) a. A draft CA PHG of 0.0007 mg /L was published in 2009 b. For informational purposes only - -no action needed at this time c. A draft CA PHG of 0.0005 mg /L was published in 2008 d. A draft CA PHG of 0.000013 mg /L was published in 2009 e. A draft CA PHG of 1 x10 -9 mg /L was published in 2007 f. Draft CA PHGs for individual trihalomethanes were published in 2009 " OEHHA's review of this chemical during the year indicated (rev200X) resulted in no change in the PHG. "` Surface water systems only 75A -15 75A -16 Reference No. 3 2010, 2011, 2012 Annual Water Quality Reports 75A -17 75A -18 WATER QUALITY CONSUMER CONFIDENCE REPORT About Your Drinking Water 1. What are the sources of the water Santa Ana delivers? The City of Santa Ana depends on two sources for the 16.3 billion gallons of water we supply each year-62% is groundwater and 38% is imported water, purchased from the Metropolitan Water District of Southern California (MWD). The groundwater accumulates and is stored beneath the surface of the earth and then pumped to the surface by 20 city-owned wells. MWD brings Colorado River water from Lake Havasu and runoff from the snow pack in the Sierra Nevada Range in Northern California. The water is then treated at either the Diemer Fil- tration Plant in Yorba Linda or the Wey- mouth Filtration Plant in Laverne before it is delivered to Santa Ana. There are seven MWD connections lo• cated in the City Most of our customers receive a blending of the two sources, groundwater and imported water. For more details, seethe Water Quality Stan- dards for each of these sources in the data that follows. Groundwater and im- ported waterare listed in separate columns. lion about drinking water contaminants.) err Safety er, i u• m :ial .W. i to lu- t of MS. on 0f rblic lay k- 3en- n. ised :an- ng apy, ;ho have undergone organ transplants, people with HIViAIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPAiCDC (U.S. Centers for Disease Control and Prevention) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline 800-426-4791. Cryptosporidium is a mi- crobial pathogen found in surface water throughout the U.S. To date, Crypto- sporidium has not been detected in our water supply. Beginning in October 1oo7, water that is received by the City of Santa Ana from MWD will have fluoride added to it. Our well water currently has a naturally occur- ring fluoride range level of o.18 to 0.56 ppm. Water provided by MWD will have a fluoride level of o.7 to o.8 ppm. This plan was approved by the CDC and the California Department of Public Health. Additional information may be found by calling MWD's Water Quality Information Hotline at 800- 354-4420, or by visiting the following websites: mwdh20.COM/ fluoridation or ada.org(fluoride.aspx. 75A -19 s. What's in my drinking water? Your tap water may contain different types of chemicals (organic and inor- ganic), microscopic organisms (e.g., bac- teria, algae, viruses) and radioactive ma- terials (radionuclides), many of which are naturally occurring. Health agencies re- quire monitoring for these constituents, because at certain levels they could make a person sick. The column marked "Parameter" lists the constituents found in the water used by Santa Ana. 3. What are the maximum allowed lev- els for constituents in drinking water? Health agencies have maximum contami- nant levels for constituents so that drinking water is safe and looks, tastes and smells good. A few constituents have the letters 'TT" in the MCL column because they do not have numeri- cal cal MCL. Instead, they have certain treatment Conti Continued from front requirements that have to be met. One of the under the secondary standards section can constituents, total chlorine residual, has an affect the appearance, taste and smell of wa- MRDL (maximum residual disinfection level) ter, but do not affect the safety of the water instead of an MCL. unless they also have a primary standard. The MRDL is the maximum level of a disin- fectant added for water treatment that is allowed in water. While disinfectants are necessary to kill harmful microbes, drinking water regulations protect against too much disinfectant being added. Another constitu- ent, turbidity, has a requirement that 95 percent of the measurements taken must be below a certain number. Turbidity is a measure of the cloudiness of the water. We monitor it because R is a good indicator of the efficiency of the filtration system. 4. Why are some of the constituents listed in the section labeled "Primary Stan- dards" and others in the "Secondary Standards "? Constituents that are grouped in the primary standards section may be unhealthy at cer- tain levels. Constituents that are grouped S. How do I know how much of a constituent is in my water and if it is at a safe level? With a few exceptions, if the AVERAGE amount of a constituent found in tap water over the course of a year is no greater than the MCL, then the regulatory requirements are considered to be satisfied. The highest and lowest levels measured over a year are shown in the RANGE. Requirements for safety, appearance, taste and smell are based on the AVERAGE levels recorded and not the RANGE. 6. How do constituents get into our water? Drinking water (both tap water and bottled water) comes from rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring �. Santa Ana's Tap Water: A Fresh Winner Sants Ana's tap water rated among the highest quality in the U.S. and Canada, placing third in the "Best Municipal Water category. "We are proud of this recognition considering we were competing with 35 other municipal water districts from 13 states and Canada," says Ray Burk, Water Resources Manager, City of Santa Ana. "This annual event is a serious and accredited competition that attracts water submissions from all over the world." "Santa Ana is truly a great place to live and one of the most exciting cities in Orange County. Now we can also say Santa Ana's water is award- winning, ranking among the best in the world," adds Claudia Alvarez, Santa Ana's mayor pro tem, who is also president of the Orange County Water District. More than 250 people and an array of water officials from the U.S. and abroad attended the annual Berkeley Springs International Water Tasting last February. Touted as the minerals and, in some cases, radioactive ma- terial, and can pick up substances resulting from the presence of animals or from human activity. The most likely source for each con- stituent is listed in the last column of the table. 7. Are there any potential sources of contamination in our system? An assessment of the dnnking water wells for the City of Santa Ana was completed in December 2oo6. The City wells are consid- ered most vulnerable to the following activi- ties associated with contaminants detected in the water supply: historic agricultural ac- tivities, golf courses, and application of fertil- izers. The Citys wells are considered most vulnerable to the following activities not asso- ciated with detected contaminates: chemical/ petroleum pipelines, chemical /petroleum processing /stores, dry cleaners, gas stations, junk /scrap/salvage yards, metal plating/ finishing /fabrication, plastics /synthetics pro- ducers, and sewer collection systems. "Academy Awards of Water," the competition is the largest and longest running water tast- ing in the world dedicated to preserving and protecting drinking water. Similar to a wine tasting, a dozen judges were asked to taste water from nearly ioo different sources, rating the water for each attribute including ap- pearance (should be clear), aroma (should be none), taste (should taste clean), mouth feel (should feel light), and aftertaste (should leave you IMPORTANT INFORMATION ABOUT DRINKING WATER Monitoring Requirements Not Met For The City of Santa Ana There are many monitoring requirements imposed on every pub] is water system. Our water system staff failed to adequately meet these requirements on one occasion this past year, and therefore the City's water system was in violation of these regulations. It is im- portant to note that this was not a violation caused by having contaminants exceed allow- able levels, rather it was a violation caused by failing to take the required number of samples within a specific time frame. Even though this failure was not an emergency, as our customers, you have the right to know what you should do, what happened, and what we did to correct this situation. This notice is intended to provide you with this information. We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not our drinking water meets health standards. During a period of April 22 to 26, 2o2o, we did not take the re- quired number of repeat bacteriological sam- ples required under Title 22 California Code of Regulations, Section 64424 (c), and therefore cannot be sure of the quality of our drinking water during that time. What should I do? i. There is nothing you need to do at this time. 2. The table below lists the contaminant we did not property test for during the last year, how many samples we are required to thirsty for more)! take and how often, how many samples we took, when samples should have been taken, and the date on which follow -up samples were taken. What happened? What is being done? We have provided additional training to our staff so that there is no misunderstanding in the proper time frame and amount of repeat samples required when a positive bacteriologi- cal sample has been reported by the laboratory. We have performed and continue to perform all of the required water system monitoring required under Title 22 to ensure the water provided to our customers is in full compliance with all regulations. For more information, please contact Water Resources at 724-647- 3320 or write to: City of Santa Ana, 22o S. Daisy Avenue Santa Ana, CA 92703 Contaminant Number of samples Taken, 'satttp When Repeat Samples W� ffnd,din Re eat Sam es 9 p pi Were Taken 8acten.i.q, -7 '-L Within 24 hours of laboratnly notification THE FOUR TERMS TO EXAMINE: Primary Startderds— Matdamry HWda- Relined Standards that may cause hmhh problems in dritktrtg water Secondary Standards— AesAedc Standards (non health-related) that could cause odor rases. or appearance probhnu In drinking water Untagtdued abort wntaMrunu that an monitored but an not —s ndy regulated by federal and state health spode . Addidottstl Promotes— Wontation that troy also be of khmrat to our Nsfomrs. TERMS AND ABBREVIATIONS The following glossary of d"Ini. dons will help you understand the terms and abbropol dons used in this report. Maalmum Contarniaant Leal (MC4 TM highest level of a tonominartc that is allowed 3n drinking water. Primvy, MCL; are Net as does to else PHGS (or MCLGs) as is economic* and tachnologitally feasible Secom dory MCLa rs set to prong the odor. taste, and appearance of drinking wasr. Madmurre Contamkmat Laval Goal (14CLG): TM kevsi of a contaminant in drinking waver below which afire ls no known or expected risk to health. MCLGs an Nat by the USEPA. Public Health Goal (INHG - The, level of a contan+ina t In drinking water below which dhre I. no known or expected risk to hstahh. PHGs are set by the California EnvkonmenW Protection Agency. Maximum Residual Disinfec- tant Level (MRDL): The [steel of a disinfectant added for water treatnent that may, not be ex- Goaded at the wnsumtr s tap. Maxlmtam Residual Ohinfee- tamt Led Goal (MROLGy- That Awl of a disnfecsent added for water trmu"mt below which there is no known or expected risk to health. MRDLGs ars sot by the USEPA. Primary DrMgdng Water, standard (►DWS): The MCU and MRDLs for consemimnta tut all*" he" along with their emonkoring and reporting require - smartest. and ware troeonenc mqu[rernmu. Trwtmaeat Technique (TT): A required protests ntsnded to reduce the Waal of a contaminant in drinking waste. Regulatory Acton Leak. The mncentr'aoon of a conto nihant which. If exceeded, triggers treat. them or other mquiratrtents taut a war syatam roust follow. The adjacent table her date — the levels of regulated contamnant: tat wore detected in our water supply from pnuary 1 through Decembor 31.2007. The pre► once of these contaminants in the drinking water does not neceoar. dy Indicate that the watt, pose a health risk. 0 20% Post- Consumer Wash Additional oblammums wed below Al: aggressnaneu index AL- action IwW CFU: Colony- Forming Unit, PIFL- mRicn fibers per firer NA. not applicable LOS CUATRO TERMINOS QUE DEDEMOS EXAMINAR: Norma Primarfaa -tat normas oDBprores rehclonedu con No salad qw puedw oaslonar problutm en el ague potable Normm Soctardrla —Nmros esaiticas (no reboonada con Is salud) qw pwden -- olor, sabor o problems do apatto on of .0. potable. Pw*nwm Ne Reguladm-- bdormed6n sobs eietnenoos "son caaoladoe pre que no ortkh acmtrrrha rop"Niaa par In a(rri de aksd Isdaraies y del eased. Prin ocm Adkkutakw— Mornud6n adoond qw puce darer a nuuvo rinbea WATER QUALITY DATA ND: not detectable at rating limit NL- notification Iwd NR. not required NS: no standard NW: nephelomevic wrbidity unit- . rruature of wspended mauri d in water pC3fL- picocuries per titer (a measure of radioactivity) PHG: Publa Health Goal pPb p+RS W b9Etn, or trac,ogra s per ikor (utfl) pp— parts per million, or -INS xn pr Near (mg/L) Primary Standards - Mandatory Health- Related Standards NA ( NA (ND-0.3 I 0.1 I NO NO jNa,taN parent n the nrkannreant 75A-21 23 . 2.3 of natural depots runoff I- (ppbl IO 0.004 NO - 28 Highe tt RM NO 3r0 0.55 I E—ion —her —har dy gb.. and elattremltt produetien Bream (ppb) I D00 2 D00 NO - 140 110 NO - I Sib D 194 Oland metal relneres dschargac 1 nuorwe (ppm) 2 1 0.2 - OA 0.3 0.17 - OS3 034 Embe of A,ml depoeec discharge from rirrlde (p, T (<) I 0.4- I D 02 NA NA Water N ld'cke for dermal heath Nine far NO3 No.I 4S 45 NO .0.4 1 NO I NO - 37 6 1 1021 Run.0 and 1—hng ham fatdar eta bchirt ham am"k tans. and .—a. Nitrate and Ntrae 10 10 NO NO 1413-115. 2-44 to N roion of natural dapmks Selnirm (ppb) SO (5D) NO NO N0. NR 0.afneeieA mne� and <hrrniul watt. Bach rvnafl SPECIAL EDUCATIONAL STATEMENT REGARDING NITRATE: Nina I«eh tray 6. qukkly nor short periods d tine bra.. d ranhl or agric.kunl activity. Ntrae in drinking water at I—IN Awe 4S mgrs is a heath tak for idam of io thw kk nan[ht of age. Such nitrate Wok n drnkng water <n intrfen with the capacity of the nfnts blood to carry oxygn, rewkng n a serious Asest ry.,pt— m6de rhe-- of breath and blunea d the sl n. Nitrate bvek abwa 4S oWt rnty ako affrt the ability of the blood to carry o.ygn n other indkiduak ouch as pregnant women and thoas with cman >pwr enzyme defkienciat If you an uring for an Whet. you nhould ant a&v horn your health tare prwidr. (a) The [urbYry Mal d the Rand water dwl be Imo than or equal to 0.3 NTU n 9S% of the rnsam ents taken each month and has not exceed I NTU at any rim. The avenge. and ranges I turbidity nh— a the Secndary Standard. wee based on the [romawt plant d%-L (b) The State required sew water coBlorm nwnito ing for at treatment plants bgnnmg Marh 2008. Reporting bvd is I CMNI00m1 for total coliom red E. (c) Data for the mangy - catering IlUmide were taken before the fluoridation rasurnnt bpn. Fluoridation tray— d watr wpplr at A fps MWD tmn[ planta —ad seq. —derby from O.Ar 29, 2007 to Orenbw 3. 2007. Metropokan war n coopianca with aN vra.arern s of the States Noridation System 0.SRUIrs en[s .L Internal c--n d household C 0.3 NO ND 019 0 1 I9 plumbng kyxern: -4- d natenl dnpo.it4 Imchng Prom wood I-raal c—io n d household 02 ND NO ND 0 119 pWrbing Manc� endon of tnaetral depoiec dschrgr frorn ndurtal —hadanvsa Merhyl.tert- Lealuhg underground S .aka storage tans. red pipskner: S I3 NO NO ND -3.40 IA9 dscharge non pat-i —red {MTBEI Ip ►b) JMTBE)(p <hemiulfartorw. Total 80 NA 12 - 8a I c 41 NO - S91 (d) 18.1 By- product d drenkn wa[ Hakacti Acids 60 NA NO - 20.t d 5.7 By- prod.. d drinking war Teal Chlorine (4( (4) 11 .29 25 0.42.0.79 0.b7 Orinldnt water 4i-f—, added 0.etidu I Iw tmen (d) The Stage 2 Dinlrtantn/Danbttion 87- Produce (131138P) Rub'. IDSE was conducted be-- Apd 2007 and March 2009 for tool [rdwbrrne[Anes (TTHM,) std haioacrd accts (HAASI n conp -ton with S.C. I DDBP Rub's conpfence mantomg. M TTHM red HAAS •slur fern the 191DSE hpecfx arryk. were with. the range (rarer r.p.,tm ter 11.r okan'n dut,b. lion Y.- Inromwtion on then. _Mee is awlaab.p- req.— from the Meu opokm Water District of Swthrn CAN- ) The Sage 2 Danfecta ,VDklnfxtbn By- Products (0,08P) 0.ukY IDSE was conduced between Nwewbr 2007 and Augux 2009 Ir total triha loo-h —, (TTHM.) and hakncetc xd. (HAAS) n .jM ti with Stage I DIORP 0.ub', crrprome moncamg. AN TTHM and HAAS —6., hen the 12 IDSE Tw: sarrpk. were within the —S. of -6., reported f— ,h. Cky d Santa Mi. dkrkutim c7a°tt 75A-21 ABREVIATURAS Y DEFINICIONES El sigufena gkmrdo do tirndlws le ayudari a antander Im tirnd• non y abreviannas usadu an asta reports. Nivel Mlldmo des Contami. nante (MCL)r b all rival de con. tamiwlu mb alto porrriddo an d a" poabla. Los MLCs pr-nrr- Has so efOblecan an pr6x"m a bs PHG•s (o MCLGs) cons as econ6lriumala y teotol6gio— mrroe pouble• Use MCL's secun- dariw son aaobl cider Pan pro - teger d oler. al tabor y al mpeao del ague potable. Meta de Nlvel Mdsdmc, des Contarninante (MCLG): Es of nlvei des tail catamtnana presence an d Vat potable -yes mh nkal no pruena riasgo eonoddo M asporado pan la alud. Meta de Salud P%%fte (PHG): Es el [tied do an coneminants presence M al agua potable gays bafo n W no preens rlago co- nodde, ni asperado part In abd.. . Lea PSG son asabaddea per As Agancle do Proaai6n Ambialtal des EsLdas Unklas. Nh"I Mildnso de Rasldtio des Dednlecanp (MRDLkb d nivd des dednketanto shadido pan d traartdettas dal ages que no debe de esar exssdMo on 01 V*0 dal cons sonaor. Kgvd Md x mo do Meta de Residua, de Duainflacta ste (MROLGj. Es d nivel des desin- lacana afl lido pare d tnta- Inieneo dal ague euyo bolo niwl no preseua Hoop coneddo d "perado pare Is stud. E) USEPA .sabot. lea MRDLG& Nc r mas de Ague, Potable Primar a (PDWSk Los nivela MCLs y MRDta pa" lot corrami- nanat qw afecmu Is alud junto con los raquisitc a de aguGmfanto e hdar"d6n, con I- "quiakcs pan of traarnanto dal ague Tdcnfca de TratamMMcs, (TT): L7n pretests roqurido pan "du- dr d rival de um wmandnana en d sgua phew. Nh"I Aeei6n Regulatoric Es la coaeantrad6n des an concen ina ste quo st se excade- desaeodw an trwmiento u ova roqubkos que deben de toner sguiniento w an sabrea des are is table odyadwta Seer ka da sse des its luihalm de cwt - amintntes regAkdos qua fteron deacadw an nuatro suminisoo de qua dads onero 1 hum d4 " [Iamb" 31 rid 2007.4 prwnds I I......,I.e..a a....w.�. Tt..• M... 4 r1r I.rw. T.. A... f•..........- Secondary Standards - Aesthetic Standards (non-health related) Chk+rd. (ppm) 500 NA 87.94 93 2080 5069 Runowl�chint hom natural dapwas Cobr una• I S NA 1 • I NC NO- 12 OS Na noeavb I I S tt Wouthwt sM U.i Radm can move Natural w ndustroay- h8u.nc•d babnc• Carroswky (F) NA NA 011-031 0 24 Nan•carrotw• Non -c_ei. * of hya -a-. orban and ..yten h the NC 01 N a Non NA NL =1,000 R b Non ls) 300 NA ND ND ND•749 $A Municipal ad b.doarbi west9 dischal. Fo...:. g htnu ippbl SOO NA NO ND NO-003 NO Munkiad and hdustruf td-ach Odor, Thresmli 3 NA 2 2 NO-2 0.12 Nature occurrn ank haherYk Spec Condumne. NA NA NC Ne 68 Subt,nta eMt form ass what n water, eieaAonata 1,600 NA 440- 1,000 960 452 - I.OSO 667.78 I. HCOD Suexe (ppm) Soo NA 160 - 250 220 47.40-117M Bess Runol8le d ng horn "send d p sim Tod Dacand Sales 1.000 NA 470-610 $60 2s9-6s2 406AS RuntsWl—hi.. ham. —Id otks Tur►4 N S NA OA3 •0.16 0.45 ND - 320 027 Soil wm19 I I......,I.e..a a....w.�. Tt..• M... 4 r1r I.rw. T.. A... f•..........- Additional Paratneten That Ma Be O( Interest To Our Customers 1,4- Dion.ns NA NA NC NC NO NO Rundf/lathiit ham'au�l drp"i"' (ppb) _ inlerm 1,1•Dkharoathasn 6 10 NO NO NO.050 0 D"ecit •ion hduaril dew" fattens How To Read Your Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the Ild and then carefully lift the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are trying to deter• mine if you have a leak. turn off all the water in your home. both indoor and outdoor faucets, and then check the dal for any movement of the numbers. If there is movement, chat indicates a leak between the niter and your plumbing system. Como Leer Su Contador De Aqua Su contador de agua esti por to general bcalizado entre la calle y la acera, bajo una tape de cemento. Quite la tapa usando un destomillador en la abertura de la tapa y luego, con cuidado, levante la tapa. El contador se lee directamence, comp all cuenn kil6me- tros an su autom6yJ. Lea s6lo los n6meros blancos. Para determinar si usted tiene una fuga de ague, cierre coda el agua an su casa, canto [as (laves de agua aden- tro de su casa y las Ilaves exteriores, luego revise el disco an all contador pan detecEar movimiento en los n6meros. Si hay movimiento, eso indica qua hay una fuga de agua entre el contador y su sistema de fontaneria Low•Flow Indicator —The tow -lbw Indicador de Baia Flujo — FS mdltador indlutor me spin if arty wiser 1s de bald fluid to girari si a" fluye par el Bowing throath the meter condor de agues Rados R•dan k a nt8oscovs p> d+a yw n.: a .sa wta r to.eLL hit (awM ABasnk ( m NA NA 63 - 120 I I S tt Wouthwt sM U.i Radm can move dv.uth a ground and into a hams ekarbawa NA NA NC NC 01 through . ks and h.lr in do Im.6- don. Radon on burial up M high 1 «W N aB rypr of hemu Radon on dm tot I.m indoor alt .hat h..d Gam &, wear dons th I_..N, vwthx8 dhMs, ale od.r hou.•ho41, (:".rd m "den.. "der hem. a.— b NA NL =1,000 1120 - 170 120 0 MD071 9rarida NS NS NC NC 0 Gkium 1 omf NA NA 49-11 61 111 1 CA 03 NA NA NC Ne 68 dvwth end. "den meri q du 1nm• tMovth of, wam wit k. matt ow b. a —8 swru of ndah i. r.deor air. eieaAonata NA NA NC NC 171 .299 204 I. HCOD Rsd.n it t 1— lens" orcW.,- Ir.dwig alt wanb.t radon w ltad m lo..t .— Drink., war coheir iq radon m•y also ovw hand rit4 ck, -.hen N (ppbl NA NA OD4.0.10 0 1 ND • 3.4 1 Ted H.rdnm (.ml NA NA 04-100 265 I 1 S - 436 242 Time] Herd— d NS NS 4.9-175 is 6.7-25A 14 .l teamtd. antr. Nye. v. co..md abwt radon in yew hems trt d. air In yow hom. T•mnt it inwpruiu..M °ry' Fiayo.4 ham if Ma nrrm ( NA NA 20.28 26 6 9 - 269 IS N448osodmeegtamre NA NL =ODI NO -0.004 NO. ODI NO NO I, your air N 4 piroorrir pr tier .(sir ie, por.I rof s,r (IrCUL) tar Nthr. Than tar. ek pk ys m M .radon problon dot rri t mo maly. For ."ti of inlor..o6- caKyow sot radon Fr"— (1410). 745.7236)..M EPA W. Drhkl.e W.- Ate H.dM• (1.400.126.1791). r dw N.6-1 Sd• C—I Radon Ho66n• (1 -SCIGA RADON.) H H ..k,f NA NA 75 . 8.6 B 7.7. el 8 P.taWan Ipphl NA NA 33 - SD S I.1 - 3.1 2 Radon CvL NA NA NO ND ZS6. S29 369 5od6.m NA NA 78-9S f4 71s • 66a 46 TOC .4 TT NA 1.6-2.4 2 1 NO. 0439 0 Vatrdiun ("bq NA NLa50 NO -7.1 I ND -3D0 1 NO.62 I Additional Paratneten That Ma Be O( Interest To Our Customers 1,4- Dion.ns NA NA NC NC NO NO Rundf/lathiit ham'au�l drp"i"' (ppb) _ inlerm 1,1•Dkharoathasn 6 10 NO NO NO.050 0 D"ecit •ion hduaril dew" fattens How To Read Your Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the Ild and then carefully lift the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are trying to deter• mine if you have a leak. turn off all the water in your home. both indoor and outdoor faucets, and then check the dal for any movement of the numbers. If there is movement, chat indicates a leak between the niter and your plumbing system. Como Leer Su Contador De Aqua Su contador de agua esti por to general bcalizado entre la calle y la acera, bajo una tape de cemento. Quite la tapa usando un destomillador en la abertura de la tapa y luego, con cuidado, levante la tapa. El contador se lee directamence, comp all cuenn kil6me- tros an su autom6yJ. Lea s6lo los n6meros blancos. Para determinar si usted tiene una fuga de ague, cierre coda el agua an su casa, canto [as (laves de agua aden- tro de su casa y las Ilaves exteriores, luego revise el disco an all contador pan detecEar movimiento en los n6meros. Si hay movimiento, eso indica qua hay una fuga de agua entre el contador y su sistema de fontaneria Low•Flow Indicator —The tow -lbw Indicador de Baia Flujo — FS mdltador indlutor me spin if arty wiser 1s de bald fluid to girari si a" fluye par el Bowing throath the meter condor de agues LA CALIDAD DEL AGUA G u i a del 2. iCuales son las Fuentes del agua que modo natural. Las agencias sanitarias requieren entrega la Ciudad de Santa Ana? la monitorizauon de estos elementos ya que LectorLa Ciudad de Santa Ana depende de dos fuentes pasando ciertos niveles podrian causar enfer• "Parametros" para los 16.3 billones de galones de aqua que medades. La columns denominada El enfo ue del informe sobre q proveemos anualmente - 69% es aqua subter- detalla los elementos encontrados en el aqua de la calidad del agua es una ranea y 31% se le compra al Distrito Metropoli- la Ciudad de Santa Ana. tabla que detalla los resulta- tano de Agua del Sur de California (MWD). El 3• iCuales son los niveles maximos permitidos dos del monitoreo que se re- aqua Anea se pod de la de los elementos que se encuentran en el aliza durante todo el afro para facie y es born: hacia surficie e y despuis es bombeada eclad d la por 20 pozos que son de la aqua potable? detectar la presencia de mss cIuda . Rio Colorado Ciudad. MWD trae aqua del Rio Colorado desde Las agendas sanitarias tienen MCIs (niveles de 1zo elementos. En la tabla Lake Havasu y de la corriente de agua de nieve miximos de contaminantes) para los elementos, se detallan 6nicamente los de la Cordillera de la Sierra Nevada en el Norte para que el aqua potable sea segura y luzca, elementos hallados encontra- de California. El agua despuis es filtrada en la sepa y huela bien. Algunos elementos tienen dos. El agua embotellada no Plant: de Filtraci6n Diemer enYorba Linda o la las tetras "TT" (Ticnica de Tratamiento) en la esta mcluida en este reporte. Plants de Filtracion Weymouth en La Verne, columna MCL, debido a que no tienen un MCL antes de que nos sea entregada a nosotros. Hay numirico. En lugar de ello, tienen ciertos requi- AI leer la tabla de izquierda a siete conexiones de MWD en la ciudad. La may sitos de tratamiento que deben ser cumplidos. derecha, sabra la cantidad de oria de nuestros clientes pueden esperar una Una de los elementos, el total del cloro residual, un elemento encontrado en el mezcla de las dos fuentes de aqua— subterranea tiene un MDRL (nivel maximo de desinfeccion aqua de Santa Ana y cbmo se a importada. Para masdetalles, revise el Estandar residual) en lugar de compara con los Iimites esta- de Calidad del Aqua (Water Quality Standard) un MCL. EI MDRL es tales y federates permitidos. para estos recursos en la siguiente informacicn. el nivel maximo per- Fuentes de agua subterrinea y agua importada mitido de un desinfec- Tambiin sabra el rango y el estan listadas en columnas separadas. tante que se agrega promedio del elemento para el tratamiento medido, asi Como su origen. 2. iQui contiene mi agua potable? t Las preguntas y respuestas del n6mero i al 7 de esta Su aqua puede contener diferentes tipos de sustancias qu(micas (organicas a inorginicas), Continua atras 1 paginaleexpticaranlos importantes elementos clue organismosmicroscbpicos (p.ej.bacterias,algas, virus) (radion- 6clidos), !� ; : I se encuentra en las tables. ymateriatesradioactivos muchos de los cuales estan en el ambience de �'YYpt' r. .. st �`• . ' -", El aqua potable, incluyendo el aqua embotel- lada, puede razonablemente contener por to menos, pequenas cantidades de agunos con- taminantes. La presencia de contaminantes no indica necesariamente que el agua presente un riesgo para la satud. Puede aprender mss acerca de los contaminantes y de sus efectos potenciales sobre la salud, Ilamando a la linea directa de "Aqua Potable Segura" (Safe Drinking Water Hotline) de la Agencia de Proteccion Ambiental de Estados Unidos (U.S. Environ- mental Protection Agency ( USEPA)) al 800. 426.4791, o visitando su sitoo Web www.epa.gov/safewater/. Para asegurar que el aqua de la Ilave sea segura para beber, la USEPA ordena regulaciones que limitan la cantidad de ciertos contaminantes en el aqua que suministran los sistemas p6blicos. Las regulaciones de la FDA (Food and Drug Administration) establecen Iimites para los contaminantes en el aqua embotellada. Amboscon- juntos de requisitos protegen la saludp6blica. Algunaspersonas pueden ser mss vulnerables a Jos contaminantes en el agua potable que la poblacion en general. Personas que tienen problemas del sistema in- mune tales coma personas con cancer que estan recibiendo quimi- oterapias, personas que han tenido tras- plante de organos, personas con HIV/ SIDA u otros desdrdenes del sistema inmune, algunas perso- nas mayores y los recidn nacidos pueden estar particularmente a riesgode infecciones. Estas personas deben de buscar consejo sobre el agua que toman con sus proveedores de aten- cidn midica. Las personas que tengan un bajo sistema in- munaldgico, tales como personas con cancer en tratamiento de quimioterapia, personas que han tenido trasplante de drgano, personas con HIV/SIDA u otro desorden inmunologico, al- gunas personas mayores, a infantes pueden estar en mayor riesgo de contraer una infeccion. Las normas de USEPA/USCDC (Centro Para el Control y la Prevenc16n de la Enfermedad de los E.E.U.U.) sobre medics apropiados para reducir infecci6n a causa de Criptosporidio y otros contaminantes microbianos estan dis- ponibles en la Linea Gratis de Agua Potable Segura al 800- 426 -4791 o en su sitio en el Inter- net (www.epa.gov /safewa ter). Hasta la fecha, el Criptosporidio no ha sido detectado en nuestro suministro de agua. Comenzando en octubre de 2007, se agregara fluoruro al aqua que recibe la Ciudad de Santa Ana a travis del Metropolitan Water District of Southern California (MWD). El agua de pozo de la Ciudad contiene un nivel de fluoruro de .28 a o.S6 ppm en forma natural. EI aqua proporcio- nada por MWD tendra un nivel de fluoruro de 0.7 a o.8 ppm. Este plan fue aprobado por el USCDC y el Departamento de la Salud P6blica de California. Para mayor informacicn Ilame al MWD Water Quality Information Hotline en 800- 3S4-4420, ovisite mwdh2o.com/ fluoridation oada.or /fluoride.aspx. 75A -23 del aqua. Mientras clue los desinfectantes son necesarios para matar a los microbios daninos, las regulaciones del agua potable protegen contra el use excesivo de desinfectantes. Otro elemento, la turbidez, tiene el requisito de que el 9S% de las medidas tomadas deben estar por debajo de cierta cantidad. La tur- bidez es una medida de la "nubosidad" del agua. La controlamos ya que es un buen indicador de la eficacia de nuestro sistema de filtrado. 4. iPorqud algunos de los elementos estin detallados en la secci6n denominada "Parimetros Primarios" y otros en la denominada "Parimetros Secundarios "? Los elementos que estin agrupados en la sec - cion de parimetros primxios pueden, en ciertos niveles, resultar insalubres. Los elementos que estan agrupados en los parimetros secundarios pueden afectar el aspecto, gusto y olor del agua, pero no afectan la seguridad del agua, salvo que tambien tengan un parametro primario. s. i0mo se que cantidad de un elemento se encuentra en mi agua y si este se presenta en un nivel considerado seguro? Con pocas excepciones, si la cantidad PROMS- DIO de un elemento encontrado en el agua de la Have durante el transcurso de un ano no es mayor que el MCL, se considera que el aqua cumple con los requisitos reguladores. Los niveles mis altos y mas bajos medidos durance un aft, se muestran en la columna RANGO. Los requisitos para la segundad, el aspecto, el gusto y el olor se basan en los niveles PROME- DIO y no en los de RANGO. 6. iDe que forma ingresan los elementos a nuestro suministro de agua? Agua para beber (tanto de la Have como embo- tellada) proviene de rios, lagos, arroyos, la- gunas, presas, manantiales y pozos. Mientras el agua corre sobre la superficie de la tierra o subterraneamente, este disuelve minerales naturales y en algunos casos, material radioac- tive, y puede recoger sustancias que resultan El Aqua Potable de Santa Ana: Una Ganadora Fresca _ E I agua potable de Santa Ana {!' califico entre los lugares de mis alta calidad de ELI y Canada, ubicindola en el tercer lugar de la categoria de " Mejor Agua Municipal." "Nos enorgullecemos con este reconocimiento tomando en cuenta que competimos en un evento con otros 35 distritos municipales de agua de 13 estados mis y de Canada," dice Ray Burk, el Administrador de los Recursos del Agua de la Ciudad de Santa Ana. "Este evento anual es una competencia seria y acreditada que atrae presentacionesde agua de todo el mundo." "Santa Ana es verdaderamente un maravilloso lugar para vivir y una de las ciudades mas emocionantes de Orange County. Ahora tam - bien podemos decir que la Ciudad de Santa Ana es ganadora de un premio de la mejor agua, calificindose entre las mejores agua del mundo," anade Claudia Alvarez, Alcalde Pro Tempore de Santa Ana, quien tambien as Presidente del Distrito del Agua de Orange County. Mis de 15o personas y diversos representantes del agua de ELI y del extranjero asistieron a la Degustaci6n Internacional del Aqua de Berkeley Spring el pasado mes de febrero. Nom - brada "Los Premios de la Aca- demia del Agua," esta degus- de la presencia de anlmales o actividad hu- mana. En la 61tima columna de la tabla, se de- talla el origen mas probable de cada elemento. 7. iHay alguna fuente de contaminacion potencial en nuestro sistema? Se hizo una evaluaci6n de los pozos de agua potable para la Ciudad de Santa Ana en Diciembre zoo6. Los pozos son considerados mas vulnerables seg6n las siguientes activi- dadesasociadascon contaminantesdetecta- dos en la fuente de aqua: actividades de agri- cultura historicas, aplicacion de fertilizantesy Campos de golf. Se considera que los pozos de la Ciudad son mas vulnerables a las siguientes actividades no asociadas con los contami- nantes detectados: 0leoductos o tuberias quimicas; almacen o procesamiento de quimi- cas o de petr6leos, tintorerias, gasolineras, corral de metal chatarra, chapado, tiraderos de basura, desecho y chatarra, produccion de sinteticos y plisticos y sistemas de recolecci6n de drenaje. taci6n del aqua es el corx:urso mas grande y de mas larga duracion del mundo, dedicado a la preservaci6n y la proteccicin del agua potable. De manera similar a la degustaci6n de vinos, le pidieron a una docena de jueces que probaran el sabor del agua de Iasi too fuentes difer- entes, calificando cada uno de los atributos del agua, incluyendo la apariencia (tiene que ser transparente), el aroma (no debe de haber ninguno), el sabor(debe de saber limpia), de la sensaci6n en la boca (debe de sentirse ligera), y del regusto (debe de dejarte sediento para beber mis)! INFORMACION IMPORTANTE ACERCA DEL AGLIA POTABLE Requisitos de Sequimiento No Cumplidos por la Ciudad de Santa Ana Existen numerosos requisitos de seguimiento impuestos sobre cada sistema de aqua p6blico. En una ocasi6n, el ano pasado, nuestro personal en el sistema de agua no logro cumplir en forma apropiada con estos requisitos, por la canto el sistema de agua de la Ciudad estuvo en incum- plimiento de estos reglamentos. Es importante tomar nota que este incumplimiento no fue causado por un exceso en los niveles de con- taminantes permitidos; mas bien el incum- plimiento fue causado por no haber tornado el numero de muestras requeridas en un marco de tiempo determinado. Aunque este incumplimiento no fue una emergencia, ust- edes, por ser nuestros consumidores, tienen el derecho de saber to que tienen que hacer, que fue to que pas., y que hicimos para corregir esta situaci6n. Este aviso tiene como intencion proveerles esta information. Tenemos el requisito de monitorear con regu- laridad su agua potable para verificar ciertos contaminantes especificos. Los resultados de este seguimiento regular son un indicador para saber si nuestra agua potable cumple o no, con los estandares de salud. Durance un periodo del 22 and 26 de abril, 2oto, no tomamos el numero requerido de pruebas repetidas de muestras bacteriol6gicas bajo el Articulo 22 del C6digo de Reglamento, Seccion 64424 (U, y por to canto no podemos asegurar la calidad del nuestra agua potable durante eso periodo. iQue deberia de hacer? t. No hay nada que tenga que hacer en este momento 2. La tabla que sigue enumera los contaminantes que no probamos adecuadamente el ano pasado, cuantas muestras debimos de haber Contaminants Numero da Muestras Tomadas, Irscluyando las Muestras Repatidas Bacteriologic. 127 Para leer mas acerca del concurso y de los ganadores en las demos categorias, puedes visitar www.berkeleysprings.com. hecho y con que frecuencia, cuantas muestras tomamos, cuando las muestras debieron de haber sido tomadas y la fecha en que las muestras de seguimiento fueron tomadas. lQue pas6? ZQue se esti haciendo? Hemos proporcionado entrenamiento adicional a nuestro personal para que no existan malentendidos acerca del marco de tiempo adecuado y de la cantidad de pruebas repetidas requeridas, cuando un examen bacteriolo'gico positivo ha lido reportado por el laboratorio. Hemos realizado y seguiremos realizando todos Jos seguimientos de monitoreo requeridos bajo el Titulo 2z para asegurar que el agua proporcio- nada a nuestros clientes esta en pleno cum - plimiento con todos Jos reglamentos. Para mas information, por favor contacten al Recursos de Agua (Water Resource) a 1 714- 647 -33x0 o escriban a: City of Santa Ana, 220 S. Daisy Avenue Santa Ana, CA 92703 Cuando las Muestras Repetidas Fuaron Tomadas En un margen de 24 horas despues de la notificacidn del Iaborawrio THE FOUR TERMS TO EXAMINE: Primary Standars— MaMatory Haaldl-Rahtad Standards that nw cause haddh problema in drwhleng water. Secondary Standards— Aerthedc Standards (nata haadds mistad) that could cause odor, tab, w appwanea proElrre in drbildng water. Unregulated ►rrttatre— inlormadon about ccntatNnanve cat an monitored but are rot currently regulated by federal and state haakh agancl . Additional ►arrneees— Infwmadat that may also be of i—, to our cusromnes. TERMS AND ABBREVIATIONS The ftsEowing glossary of defili- done will help you understand the owns and abbreadedons used in this report MaArnum Contambavat Level (MCL )- . The high level of a connmmars that le allowed in drinking wax. Primary MCU an set as close to the PHGs (or MCLGs) as Is sconomicaly and tether dagimy feasble secon- dary MCL. an sat to Protect the odor. tam. and appearance of drinking water. MaAmium Contaminant Level Goal (MCLG). The level of a camoi ektant le drW ft warn below which tare it tats known or expected risk w hedtn. MCLGs an to by de USEPA. Public Health Goal (PHG): The level of a contaminant in drint" water blow which this IS too known w sapecrsd risk to health. PHGs an set by the California Environmental Protection Agency. Maximums Residual Disinfec. tant Lend (MRDL): The level of a dhinhctant added for water treatment Chat may not be m- caeded at the mssum-'s tap. Maximum Residual OleitJec. tattt Level Goal (MRDLG} The level of a dldnkconc added for water treatment below which then is no known or expected risk to health, MRDLGs are set by the USEPA.. Primary Driddng Wawa Standard (PDWS): The MCLA and MRDU for conta idnana that affect health along with Chair motdtorieg and reporting reyttfra- manm, and water trsaemett regnienallta. Trwtsrront Teschnigw (Ti): A required proem intended to reduce CM level *F& ccntarrinent In drinking water. Regulatory Action Levak The concentration of a contaminant which, If eacceeded. triggers oest- men or ether, f*"I trhama tat a watt 3yttam Roust fall— The adjacent table Parts dam on the levek d regulated tonnmitants Chat writ detected In our wur supply from peaty I through Dec.mber 31, 2007. The pres- ence of thus. contamwnta in the drinking water don not neater- fly indicate that the water poses a Male[ rink 0 20% Post- Cormmw Waft LOS CUATRO TERMINOS QUE DEBEMM EXAMINAR: Normas Peimarfaa —Las ncrrrot o66►ttnrhat rah6cinadet can bi salud qw pt adet omlaaar probfetnes en el .lira potable. Normal Secundarfaa —Names aaWioc (no rdad raidaa con I shut) qw ptteden causer olor, labor o probMnaa de aspecto an all ague potable. Par nstros NsReguladw- 44onrod6n sobrs akenemos quo son mtadados pro q e no sa hn s[eobnrtt i regJadi s por la agrt I de taitd loderslea y dal redo Pariralbaf Ailkionalaa-- Inkiniaadd6n iddaraal qe, pYada imareaar a rNYQaa da1eL WATER QUALITY DATA Additional obbrewdons used below: AI: aWassivenas index ND: hoc detectable at tooting Wirt pCVL- picotwiat pr liver (a measure of radioactivity) AL action I-al NL• notification level PHG: Public Haahh Gad CFU: C.1—y- Forming lhva NR: not r.giA d ppb: parts per billion. ter micrvjnms per Otter (url.) MFL• million fib— per live NS: no standard ppm: parts per rnllion, r nilli rams pr lint (mRl) NA: not applicable NTU: naphelorneo-k turbidity w[iet- a rtnaaWe Of suspandd material in water Primary Standards - Mandatory Health- Ildated Standards NA I NA I NO.03 1 0.1 1 NO I NO INatutaay ptaant e. the rvbernant 7 5A -15 21 • 2J Etosbn d mtunl dyostc snit t- N>anr iPPb3 10 OA04 ND-2.11 High- RAA ND • 3.0 0.55 nrt 1 glass and .lactanr, production +•art Brb.n(Ppb) IDW 2A00 NO -140 110 NO - ISIA 19.4 Oi and nnd,.r— dbdamger mntunl Ruend. (Mod 2 1 01 - 0A 0.3 0.17 •013 0.34 Easion d natural dgove dnwharg.fn— f4ueride (PP-) OD NA NA VJaer aAd' ter domed halth Neva (as NO3 Pond 45 1 45 1 NO - 0.4 NO NO - 376 108 RaeoR and leaching konfxder term I.chng bon [qtr tame and sewage Niraca and Nance 10 10 NO NO NO - BSO 2.H fas N rrbn d natura l d aria Selenium (ppb) SO (SO) I NO NO NR NR Rl rim, mn.n, and <heretal wars h SPECIAL EOLK- AT10MAL STATEMENT REGARDING NITRATE: Nano I.& may nt. quickly for short period, of cane bauuse d nidal r agricultural acsirey. Nitrate ie drinking water u lark above 4S nqk b a heath rink far nfama of has than sou months of age. Such estate levels in drinking witr can marfere with [ha capacity of the inlet s blood to carry exygai, riou king n a serious dnesc symicono include thortneas of breath and bkteaeas of the den. Nanta kvea above 45 nVIL may Aeo diet the ab3ry of he blood ,o carry oxygen n oho, ndiiJuak at,h as prep— women and then with ten q.ik m.y —dalki —its If you — raring (ran nhnt you dnould ark advk. from your halth can p—Wr. its) The turbidity bvd d the litred war sal ba leas than r equal to 0.3 NTU in 9575.f W e maisunm.nss taken itch month and that - -,ad I NTU at any tins Tha avenges and nngea d curbiday shown in ehe Saeondary Stndards wan bard an tea tratmwet plan[ dlluanc (b) The ken required taw waxer <of3ann monitoring Ir al ueatmnt pane beginning Match 1008. Reponng land e I VU100i t fr total coaorm and E. (c) O.0 frth..— reify -oc -ring fluent. were taken bell— the Rntid.d...aeon, began. Runridation crounnen, d water wpplaa al fire MWD trat-vic pbnts s[atd mqumth* from October 29.2007 to Decerer 3, 2007. Metropolitan was n co pibnce with at prwaonsof [he Sum's 0.uridadon Sy.— R qui, —.- Im.rmi caa,bn d hws.hoM Copper (pp-) M =11 NO NO 0.19 0 119 pbmbng tyf1f16'r°°°° d n.—I dge.kc kacheig f— wood .—,it- LO.3 Internal cortasfan d hove h id Laid (ppb) AL0A15 NO NO NO 0 119 pint :la/aamid. of moral dgookc d.tharg a from nduerbl nenulaturers MeahyL rt- Larking underground gead"na buryarhr 5 13 ND ND NO - 3,40 100 scrag, unk, and PVef • (MTSE) (ppb) deeharge Man petroleum and chanic.1facteri. Total 80 NA II - td a 41 ND - 59.9 (d IB'1 By-product d cirbnkn water H.Ioeckr Adds 60 NA I IA-311( a 13 NO - 20.1 d SJ Byprodnxt of drning wear Tod Chheri.. (41 (4) 1 I1.2.9 IJ A. D-11,, wae dainfaran. added R al . far carnet (d) The S.C. 2 Dente ...WD sinf i tion gy- Prod -cs (DIDBPl Rua', IDSE was conduced between Apra 2007 and March 2008 for [owl «subrnetnenr (TTHM.) and h.6 —attic acid, (HMS) in - P.ctbn with Sage I DIDBP Rule', cumplanc. —.—S. AN TTHM and HAAS -lu. from the 191DSE grlc aurgko war, wahn the tang, d vahrer -ported far Mat".1tan's dinrbution ty.— Info ,k. on char. wph. a salable uPon -pees hem the H— opakan Water Datne, of Seu,h— C.W—i. (a) Th. Sage 2 Danf ctamr/Dknf —ion Bpfiivduca (DrDBPI Rule's IDSE was cwductd between Nwereber 2007 and Aug— 2008 far total udnalonwthan.s (TTHM.) and habacet'x aids (HAAS) sa onry.ctun with Seaga I DIDSP R.W. earp6n-moneorng. AA TTHM and HMS rerun from the 12 IDSE pacic w he we within 0—g, d rater rrprted for the Cty d Sant, Mat dktrbutian syrem 7 5A -15 ABREVIATURAS Y DEFINICIONES 19 siguient• glosario do tirminos le ayud.4 a ontander I" virmi- nos y abroviatures usadas on Bate nporce. Nivel MAxImo tie Contaml- enante (MCLx Es r nivol de — taminants mds ako prmiddo on W ague potable. Los MLCs pritna- rlos so poblemn tan pr6ximm a ka PHG -s (o MCLG%) comp as «onamicamatnit y bardLjiu- met" possWla Lm MCL-s seatn- drbs son astablacidot pan pro• tegr all olor, of sabow y d upocto dal ague poable. Meta. de NNvd Mtixi no de Conaminmte (MMG): Es of nivei do un conominanu presence an J win potable aryo bajo nivol no presents deage e000ddo nl esperado pan le salad. Mee de Salud Fwales (PHG):. Es IOW des tat contaminann proton" an al agta Potable rxayo bap nival no presents, rlesgo co- nocido, ei "prado pan la a" Loa PHG son extablecfdw por Is Agenda do Pronal6n Ambiettd de Esudot Unidoi. level Mttsdmo de Residuct do Desinficante (MRDL): Es all rives de desinfactan" dladldo pre eI traamiento dal qua qw m dohs de astar excadido an all yifo dal conswridor.. Nivel Mdxlrno de Meta de Resid.ae de Deslnfectante (MRDLG). Es of novel des desfn- fectan" aWido pan at trata- ml.nto dal agta otyo tajo niwl m presana rleago conoddo rd oapando pan b dud. B USEPA satablace lot MRDLGs Norma de Ague Potable Primarla (POWS)c Los nivales MCU y MRDL. pan k» cm+tarni- nentr qw afectan 4 akad jrtnto con lot ngnnaitos de legoindamo • kd6m ed6n, con los re"Isitos pre all traaisdence del agues Tdctdca des Tratarrtlento (TT)c Un proraso nquarido pan redu- air r nivel de tan eonhntinstnce an A ague potable. Nhret Aeci6n Regulatoria: Es Is concent adbo de un ronanftinte qw, si sa exude. desenadw un trattamianto u otrge roqubltos quo debon do "car saguirdeoto on on s statra de agues La tabh dyadonat iata Ice dw oo de b nk" de con- binott ntes nguladoo We fueron do"ciados on nuestro sumbd.tro do ague dosdo etwo I bun & ciembre 31444 2007. la pnsencL Additional Parameters That ftt be Of interest To Our Customers 1,4- Dioxane (ppb) NA NA NC NC NO NO Runoxll.chkg kanrraw.aldyeact; r influ I I- Dithavethars 1 6 1 10 1 NO I ND NO.050 0 Disc *km rAusuW dwdnl 6ctatiaa How To Read Your Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the lid and then carefully life the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are trying to deter- mine if you have a leak. turn off all the water in your home, both indoor and outdoor faucets, and then check the dial for any movement of the numbers. If there is movement, that indicates a leak between the meter and your plumbing system. Como Leer Su Contador De Aqua Su contador de agua esd por to general localizado entre la calk y la acera, bajo una taps de cemenco. Quite la tapa usando un deS00rnillador an la abertura de la tapa y luego, con cuidado. levante la caps El contador se lee dlrectamerne, como el cuenn kikSme- tros en w autom6vil. Lea s6lo los ncimeros blancos. Para determiner si usted liens una fug" de agua, cierre coda el agua en su casa. canto las (laves de aqua aden- tro de su casa y las (laves eneriores, luego revise el disco en el contactor Para deteccar movimienco en los n6meros. Si hay movimiento, eso indica que hay una fuga de aqua entre el contador y su sstertu de fontaneria. low -Flow Indicator —The lover -flow Indicadr de Salo Flujo — EI indicador indirator w10 spin if "try water is de bajo flu)o to ginri it agua Buys por at (lowing through the mater. condor des ague Mdmt teals. u . nrdlaactim 1pa Wt 2080 - Runofel.ehng ham natural dopaek. Chloride (ppm) 500 NA 82.94 91 50.69 I t s Gtdv tank. is NA 1.2 INC NO. 12 03 qpk rreerkk and i. a Gem• W-Sh tMck, Bkarbomu NA NA NC Naturd r nduxtkay -nf6• d balance Gorrovaky (51) NA NA 0.13 -013 014 ' Nm- <orroaire Nm- <orrorire d hydrog., carbon and oxygen .n thhr 9 1-11 n Radm taw 6.ad up n high I.Wt i, 11 qpm of home Radon lm 8r mo uMe> ar wMn r.d hen q w.cr ban th.—i% wishing dah•e. ad odrr houadnN atewiar. CO d utw m radon the reran. Non- corrofke Non -terra a NL -1.000 110-130 120 Iron a ]00 NA NO NO ND•34S ss Munk' and 6rdutcrklwaa ditchartim Fwrrml Agents $00 NA ND NO ND -003 NO Muni al and aduural wawa di h Oder. Tlw(hdd 3 NA 2 1 ND - 2 0.12 Natural occunb ank mtrkk Spec Cenducnnu NA NC NC 168 W ough rob. radon anrring des home move ota W wgh q Warr wll k W submac. that form ions Who, n over. 1,600 NA 460 - 1,000 960 4$2. 1.050 66778 nk NA NC NC 171 .219 204 a unit .Dora of radon n ad—, .e. Radon it . 6rewn barren er <inogn errddr,g ai mnakkg radon can 1.d 6" rarer. ginkng outer ran.hr ing radon rrey a1. -- ka.ad risk or nem.ch am r. a yw.re renctrn.d Chmmham N Rundair bi tfo nawn{d po $0f (PP-) Soo NA 160.250 220 47.40.137.00 Bass NA Toni Dkwhd SoW s 1,000 NA 470.630 590 253 - 652 406.45 RunoRrlrchk ham carom d W osks TuA S 1 NA 0.03-0.16 0.45 NO* 330 017 Sol rand Additional Parameters That ftt be Of interest To Our Customers 1,4- Dioxane (ppb) NA NA NC NC NO NO Runoxll.chkg kanrraw.aldyeact; r influ I I- Dithavethars 1 6 1 10 1 NO I ND NO.050 0 Disc *km rAusuW dwdnl 6ctatiaa How To Read Your Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the lid and then carefully life the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are trying to deter- mine if you have a leak. turn off all the water in your home, both indoor and outdoor faucets, and then check the dial for any movement of the numbers. If there is movement, that indicates a leak between the meter and your plumbing system. Como Leer Su Contador De Aqua Su contador de agua esd por to general localizado entre la calk y la acera, bajo una taps de cemenco. Quite la tapa usando un deS00rnillador an la abertura de la tapa y luego, con cuidado. levante la caps El contador se lee dlrectamerne, como el cuenn kikSme- tros en w autom6vil. Lea s6lo los ncimeros blancos. Para determiner si usted liens una fug" de agua, cierre coda el agua en su casa. canto las (laves de aqua aden- tro de su casa y las (laves eneriores, luego revise el disco en el contactor Para deteccar movimienco en los n6meros. Si hay movimiento, eso indica que hay una fuga de aqua entre el contador y su sstertu de fontaneria. low -Flow Indicator —The lover -flow Indicadr de Salo Flujo — EI indicador indirator w10 spin if "try water is de bajo flu)o to ginri it agua Buys por at (lowing through the mater. condor des ague Mdmt teals. u . nrdlaactim 1pa Wt yea ran t.e taxes r 11. 11 a found Aeuhr- NA NA 63 I t s 14000- 168 d—Shwt d. U.S. Radon an mo.a ml -120 and i. a Gem• W-Sh tMck, Bkarbomu NA NA NC NC 171 DO. 204 -d W orgh n hr ale W. in tM 9 1-11 n Radm taw 6.ad up n high I.Wt i, 11 qpm of home Radon lm 8r mo uMe> ar wMn r.d hen q w.cr ban th.—i% wishing dah•e. ad odrr houadnN atewiar. CO d utw m radon the reran. Boren 6 NA NL -1.000 110-130 120 ND - 012 0 sre.ita NS NS NC NC NO-Oil 0 Cakwnf ..I NA NA 49 -71 65 3490.13500 73 r 140.00 - 1. CA 03 NA NA NC NC 168 W ough rob. radon anrring des home move ota W wgh q Warr wll k W aicaAetute 1. H Ol NA NA NC NC 171 .219 204 a unit .Dora of radon n ad—, .e. Radon it . 6rewn barren er <inogn errddr,g ai mnakkg radon can 1.d 6" rarer. ginkng outer ran.hr ing radon rrey a1. -- ka.ad risk or nem.ch am r. a yw.re renctrn.d Chmmham N NA NA 0.04-0.10 0 ND - 3.4 1 Toni Hrdn.v (.p.1 NA NA 84. 300 265 its - 416 241 Tod Harb+w NS Ns 4.9.175 IS L7 -23A 14 about radon in yoer home, wt dte air n rear home T.,6.1 it in-pe k. and .sy. Fa your hone doe MNol radm Ma .it (em) NA NA 20.23 16 69.169 IS N4amaodimnt6tenuv NA NL =0 ➢1 ND -0.004 NO -ODI NO NO k your air k 4 pit iu pr his (air w1,) 11 t.6 -bl an ., yes m err .. een pra6lrn d.t rei t manly. For .d*6..i i.16 —d- dlywrtau.+Wen proram(11 /4S- 7136). d. EPA S.I. Drnkha Weer Art Hotan• (1.800- 426479 1), r d. Nulorral Soh Cwntll Radon H.Nl (I.3WSOS.MDON.1 M H unite NA NA 75 -86 a 77.8.3 8 Poadran m NA NA 31.111-5.0 5 1.1 - 31 2 Radon CYL NA NA ND ND 156.529 369 Shia, NA NA 78-95 9! 311.66.6 46 TOC TT NA 1.6 - 1A 2 ND-019 0 VanadStm NA N 1a 50 NO D - N3.00 ND -61 1 Additional Parameters That ftt be Of interest To Our Customers 1,4- Dioxane (ppb) NA NA NC NC NO NO Runoxll.chkg kanrraw.aldyeact; r influ I I- Dithavethars 1 6 1 10 1 NO I ND NO.050 0 Disc *km rAusuW dwdnl 6ctatiaa How To Read Your Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the lid and then carefully life the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are trying to deter- mine if you have a leak. turn off all the water in your home, both indoor and outdoor faucets, and then check the dial for any movement of the numbers. If there is movement, that indicates a leak between the meter and your plumbing system. Como Leer Su Contador De Aqua Su contador de agua esd por to general localizado entre la calk y la acera, bajo una taps de cemenco. Quite la tapa usando un deS00rnillador an la abertura de la tapa y luego, con cuidado. levante la caps El contador se lee dlrectamerne, como el cuenn kikSme- tros en w autom6vil. Lea s6lo los ncimeros blancos. Para determiner si usted liens una fug" de agua, cierre coda el agua en su casa. canto las (laves de aqua aden- tro de su casa y las (laves eneriores, luego revise el disco en el contactor Para deteccar movimienco en los n6meros. Si hay movimiento, eso indica que hay una fuga de aqua entre el contador y su sstertu de fontaneria. low -Flow Indicator —The lover -flow Indicadr de Salo Flujo — EI indicador indirator w10 spin if "try water is de bajo flu)o to ginri it agua Buys por at (lowing through the mater. condor des ague +� 1 . • 5A VT!\ Ati.\ � • Santa Ana's Water Makes A Big Splash As One Of The World's Best Tasting On Tap! / anta Ana's Water Resources Division was recently recognized for produc- ing one of the best tasting and high- est quality tap water in the world. The City received the silver award in the "Best Mu nicipal Water "category at the Berkeley Springs International Water Tasting Festival, a serious and accred - ited competition that at- tracts water submissions from all over the world each year. "This is the second consecutive year our water has rated among the top in the world, an award we are proud to receive,' says Ray Burk, former Water Resources Manager, City of Santa Ana. "It demon- strates the stringent standards we set for our tap water, which are above and beyond the drinking water health standards required by both state and federal agencies." These health standards are outlined in this Water Quality Report, which demonstrates how Santa Ana's water is meeting all of the drink- ing water health stan- dards required by both the State of California Department of Public Health and the United States Environmental Protection Agency. (Read this important health information about drinking water contaminants.) Your Water, Your Health Drinking water, including bottled g water, may rea- t1 sonably be t expected to 5 contain at least t� small amounts of some con- taminants. The presence of con - taminants does not necessarily indicate that the water poses a health risk. You can learn more about contaminants and potential health effects by calling the U.S. Environmental Protection Agency's (USEPA) Safe Drinking Water Hotline at 800 - 426 -4791 or visiting theirwebsite at epa.govfsafewater /. To ensure that tap water is safe to drink, the USEPA prescribes regulations, which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water. Both sets of requirements protect public health. Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocom- promised persons such as persons with can- cer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV /AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their healthcare providers. USEPA /CDC (U.S. Centers for Disease Con- trol and Prevention) guidelines on appropri- ate means to lessen the risk of infection by Cryptosporidium and other microbial con- taminants are available from the Safe Drink - ing Water Hotline 800-426 -4791. Crypto- sporidium is a microbial pathogen found in surface water throughout the U. S. To date, Cryptosporidium has not been detected in our water supply. Beginning in October 2007, water that is received by the City of Santa Ana from MWD will have fluoride added to t. Our well water currently has a naturally occurring fluoride range level of o.18 to o.S6 ppm. Water pro- vided by MWD will have a fluoride level of 0.7 to 0.8 ppm. This plan was approved by the CDC and the California Department of Public Health. Additional information may be found by calling MWD's Water Quality Information Hotline at: 800- 354-4420. You can also download a fact sheet at mwdh20.com/ fluoridation/ fluondationfactsheet.pdf or visit ada org /fluoride.aspx. 75A -27 � The major role of the Public Works Agency's Water Resources Division is to protect Santa Ana's water quality, maintain its water sys- tem, and assist residents with water conser (Continued on page z) About This Report The focal point of the water quality report is a table that lists the actual results of year - round monitoring for more than 22o con- stituents. Only the constituents that are found are listed in the table. Bottled water is not covered in this report. By reading the table from left to right, you will learn the quantity of a constituent found in Santa Ana's water supply and how that compares with the allowable state and federal limits. You'll also learn the range and average of the constituent measured as well as its origin. The questions and answers on the back, numbers i through 7, will explain the important elements of the to ble found on the charts. A copy of the complete assessment is available at the Water Resources Agency office. You may request a summary of the assessment be sent to you by contacting us at 724-647-3320. If you have questions about your water quality, contact: City of Santa Ana Nabil Saba, P.E., Interim Water Resources Manager Public Works Agency Cesar Barrera, P.E., Pnndpal Cvd Engineer Thomas Dix, Water Quality Coordinator City of Santa Ana, Water Resources 220 S. Daisy Avenue, Bldg. A Santa Ana, California 92703 phone 714.647-3320 fax 714-647-3345 httpp. Nwww. Santa -ana. org Water Sources & Components f 1. What are the sources of the water Santa Ana delivers? The City of Santa Ana depends on two sources for the 16.3 billion gallons of water we supply each year-6z% is groundwater and 38% is imported water, purchased from the Metropolitan Water District of Southern California (MWD). The groundwater accumulates and is stored beneath the surface of the earth and then pumped to the surface by zo city -owned wells. MWD brings Colorado River water from Lake Havasu and runoff from the snow pack in the Sierra Nevada Range in Northern California. The water is then treated at either the Diener Filtration Plant in Yorba Linda or the Weymouth Filtration Plant in LaVerne before it is delivered to Santa Ana. There are seven MWD connections located in the City. Most of our customers receive a blending of the two sources, groundwater and imported water. For more details, see the Water Quality Standards for each of these sources in the data that follows. Groundwater and imported waterare listed in separate columns. z. What's in my drinking water? Your tap water may contain different types of chemicals (organic and inorganic), micro- scopic organisms (e.g., bacteria, algae, viruses) and radioactive materials (radionuclides), many of which are naturally occurring. Health agencies require monitoring for these constituents, because at certain levels they could make a person sick. The column marked "Parameter" lists the constituents found in the water used by Santa Ana. 3. What are the maximum allowed levels for constituents in drinking water? Health agencies have maximum contaminant levels for constituents so that drinking water is safe and looks, tastes and smells good. A few constituents have the letters "TT" in the MCL column because they do not have a numerical MCL. Instead, they have certain treatment requirements that have to be met. One of the constituents, total chlorine residual, has an MRDL (maximum residual disinfection level) instead of an MCL The MRDL is the maximum level of a disco fectant added for water treatment that is allowed in water. While disinfectants are necessary to kill harmful microbes, drinking water regulations protect against too much disinfectant being added. Another Constitu- ent, turbidity, has a requirement that 9S per cent of the measurements taken must be below a certain number. Turbidity is a meas- ure of the cloudiness of the water We moni- tor it because it is a good indicator of the efficiency of the filtration system. y. Why are some of the constituents listed in the section labeled "Primary Stan- dards" and others in the "Secondary Standards "? Constituents that are grouped in the primary standards section may be unhealthy at cer- tain levels. Constituents that are grouped under the secondary standards section can affect the appearance, taste and smell of water, but do not affect the safety of the water unless they also have a primary standard, S. How do I know how much of a constituent is in my water and if it is at a safe level? With a few exceptions, if the AVERAGE amount of a constituent found in tap water over the course of a year is no greater than the MCL, then the regulatory requirements are considered to be satisfied. The highest and lowest levels measured over a year are shown in the RANGE. Requirements for safety, appearance, taste and smell are based on the AVERAGE levels recorded and not the RANGE. 6. How do constituents get into our water? Drinking water (both tap water and bottled water) comes from rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radio- active material, and can pick up substances resulting from the presence of animals or from human activity. The most likely source for each constituent is listed in the last column of the table. 7. Are there any potential sources ofcon- tamination in our system? An assessment ofthe drinking water wells for the City of Santa Ana was completed in December 2oo6. The City wells are consid- ered most vulnerable to the following activi- ties associated with contaminants detected in the water supply: historic agricultural ac- tivities, golf courses, and application of fertil- izers. The Citys wells are considered most vulnerable to the following activities not as- sociated with detected contaminates chemi- cal /petroleum pipelines, chemical /petroleum processing/stores, dry cleaners, gas stations, junktstrap/salvage yards, metal plating/ finishing/fabrication, plasticsisynthetics producers, and sewer collection systems. 75A -28 (Convnued; rom page i) vahon. It is an important role considering how essential water is to our public health, safety, and welfare. 'Our city council and staff work diligently to provide, protect and preserve one of our most precious resources," adds Claudia Alvarez, Santa Ana's mayor pro tem, who is also presi- dent of the Orange County Water District. "As a community, we can all be good stewards of our natural resources Rather than buying bottled water, we can reduce our eco footprint by simply turning on our faucets and, at the same time, enjoy the healthiest and best tast- ng tap water possible." The Academy Awards of Water More than iSo people and an array of water officials from the U.S. and abroad attended the water tasting festival last month in Berkeley Springs, West Virginia. Touted as the "Academy Awards of Water," the competition is the larg- est and longest running water tasting in the world dedicated to preserving and protecting drinking water. Eleven judges, including representatives from three major television networks, public radio and print media outlets, were asked to taste water from among 77 different sources. These sources included 32 municipal waters from a dozen states, Canada and South Korea. Simi - lar to a wine tasting,judges rated the water for each attribute including appearance (should be clear), aroma (should be none), taste (should taste clean), mouth feel (should feel light), and aftertaste (should leave people thirsty for more). Santa Ana looks forward to competing and making another big splash at the Berkeley Springs festival next year! Y• a :66 $1,475 how rn iti,n GIt.)eS I` C 0 S 7 (gar those elght c, ":asses 'rvatar you're si.p .posed t:: crin� each Uayn Only about 66 cents a year if you take it from a City of Santa Ana tap. However, you could spend an average 2,100 times as much, roughly 51,47S a year, by drinking bottled water Why not save your money, enjoy Santa Ana's award tasting tap water, and help reduce your carbon footprint on our planet! CJ 20% Post- Consumer Wade y` . t tA CALIDAD- �y_DEL AG UA INFORME DE CONFIANZA DEL CONSUMIDOR El Aqua De Santa Ana Hace Un Gran Revuelo�.�°` ;=�.. Como Una De Las Mejores Aquas Potables! a Division de Recursos de Agua de Santa Ana fue recientemente reconocida par producir una de las aquas potables con mejor sabor y mas alta calidad del mundo. La ciudad recibio la medalla de plata en la categoria de "Mejor Aqua Municipal', en el Festival International de Berkeley Springs, un concurso servo y muy acreditado que atrae cada ano, la presenta- tion de aqua provenientes de todo el mundo. "Este es el Segundo ano consecutivo que nues- tra aqua se clan Pica entre las mejores del mundo, un premio que nos enorgullece recibir" dice Ray Burk, el anterior Director de Recursos de Agua de la Ciudad de Santa Ana. " Demuestra que las estrictas normas establecidas para nuestra aqua del grifo, se encuentran par encima de la norma sanitana del aqua potable que requieren los organismos estatales y federales." Estas normas de salud se describen en el Informe de Calidad de Agua, que demuestra como el agua de Santa Ana esta cumpliendo con Codas las normas sani- tarian del agua potable requeridas par el Depar- tamento de Salud P6blica del Estado de California y la Agencia Estadunidense de Protection Ambiental El papel principal de la Division de Recursos de (Lea este informe de salud importante sabre los contaminantes del aqua potable.) Su Aqua Potable, Su Salud El aqua potable, incluyendo el agua embotellada, puede contenerrazonable- mente par to menos, pequenas cantidades de algunas contami. nantes. La presencia de contaminantes no indica necesariamen- te que el agua pre - sente un riesgo para la salud. Puede aprender ma's acerca de los contaminantes y sus efectos potenciales sabre la salud, Ilamando a la lines directa de .,Agua Potable Segura" (Safe Drinking Water Hotline) de la Agencia de Protection Ambiental de Estados Unidos (U. S. Environmental Pro- tection Agency ( USEPA)) al 800-42.6 -4791, o visitando su sitio Web vvww.epa.gov /safewated Para asegurar que el agua de la [lave sea segura para beber, la USEPA ordena regula ciones que lirnrtan la cantidad de ciertos con - tammantes en el aqua que suministran los sistemas publicos. Las regulaciones de la FDA (Food and Drug Administration) esta blecen limites para los contaminantes en el agua embotellada. Ambos conjuntos de requisites protegen la salud publica. Algunas personas pueden ser mas vulnerables a los contaminantes en el aqua potable que la poblacion en general. Personas que tienen problemas del sistema inmune tales como personas con cancer que estan recibiendo quimioterapias, personas que han tenido trasplante de organos, personas con HIV /SIDA u otros desordenes del siste- ma inmune, algunas personas mayores y as recien nacidos pueden estar particularmente a riesgo de infections. Estas personas deben de buscar consejo sabre el aqua que toman con sus proveedores de atencion medica. Las normas de USEPA /USCDC (Centro Para el Control y la Prevention de la Enfermedad de los E.E U.U.) sabre medios apropiados para reducir infection a causa de Criptospon- dio y otros contaminantes microbianos estan disponibles en la Linea Gratis de Aqua Pota- ble Segura al800- 426 -4791. Criptosporidio es un patogeno microbial que se encuentra en el agua superficial a traves de los Estados Unidos. Hasta la fecha, el Criptosporidio no ha sido detectado en nuestro suministro de agua. Desde octubre de 2007, se agrega fluoruro al agua que recibe la Ciudad de Santa Ana a traves del Metropolitan Water District of Southern California (MWD). El agua de pozo de la Ciudad contiene un nivel de fluoruro de o.18 a o. S6 ppm en forma natural. El agua proporcio- nada par MWD tendra un nivel de fluoruro de 0.7 a o.8 ppm. Este plan fue aprobado par el USCDC y el Departamento de la Salud Publica de California. Para mayor information (lame a la linea directa de la calidad del aqua de MWD 31800-3S4-442o Tambien puede usted des cargarunahojadedatoserimwdh2o.com/ Fluoridation /fluoridationfactsheet.pdf o visite ada.org/fluaride,aspx. 75A -29 Agua de la Agencia de Obras Publicas es proteger la calidad del aqua de Santa Ana, mantener su sistema de agua, y ayudar a los residentes con la conservation del agua. Es un rol importance tomando en consideration (Conrinda en la pdgina 2) Guia del Lector El enfoque del informe sabre la calidad del aqua es una tabla que detalla los resultados del monitoreo que se realiza durante todo el ano para detectar la presencia de mis de 12o elementos. En la tabla se detallan unicamen- te los elementos encontrados. El agua em- botellada no est3 incluida en este reporte. Al leer la tabla de aquierda a derecha, saboa la cantidad de cada elemento encontrado en el agua de Santa Ana y como se compara con los limites estatales y federates permitidos. Tambien sabra el rango y el promedio del ele- mento medido, asi como su odgen. Las pregun- tasy respuestasen esta pagina, del n6mero 1 817, le explicar$ los importantes elementos de la tabla que se encuentra en las grSficas. Una copia de la evaluation completa esta disponible en la oficina de la Agencia de Re- cursos del Agua. Usted puede solicitar que un resumen de la evaluation le sea enviado poniendose en contacto con nosotros al 714.647.3320- Siusted tiene preguntas sabre la calidad de su agua, contacte a: City of Santa Ana Nabil Saba, P.E., Gerente de Recursos de Agua Intern Agencia de Cbras Publicas Ceasar Barrera, P.E., Ingeniero Civil Principal Thomas Dix, Coordinador de Calidad de Agua C ty of Santa Ana, Age noa de Recursos del Agua 220 S. Daisy Avenue, Bldg. A Santa Ana, California 92703 telefono. 714- 647-3320 fax 714.647-3345 httpI/w,vwsanta-ana.org Fuente de Agua & para mara a los d c- -bids da0s son necesanos para matar a los mrc:•ob�os daninos, las regula- Sus Componentes uones del agoa potable protegen contra el use exceswo de desinfectantes. Otro elemento, la turbidez, Rene el regwsito de 1t T ; " r p 1 clue el951%de las medidas tomadas deben estar por debajo de aerta :anudad La turbidez es una medida de la "nubosrdad" del agua. La controlamos ya que as un buen rd,cador de is eficaua de nuestro sistema de riltrado. 4. iPorque algunos de los elementos estdn } detailados en la secci6n denominada "parametros Primarios" y otros en la denominada "Parbmetros Secundarios "? i. ZCuiles son las fuentes del agua que entrega la Ciudad de Santa Ana? La Ciudad de Santa Ana depende de dos Fuen- tes para los 16.3 billones de galones de aqua que proveemos anualmente — 69% es aqua subterranea y 31% se le compra al Distrito Metropolitano de Agua del Sur de California (MWD). El agua subterrinea se acumula por debajo de la superficie y despuis es bombeada hacia la superficie por 20 pozos que son propie- dad de la Ciudad. MWD trae agua del Rio Colo- rado desde Lake Havasu y de la corriente de agua de nieve de la Cordillera de la Sierra Neva- da en el Norte de California. Despuis el agua es filtrada en la Planta de Filtration Diemer en Yorba Linda o la Planta de Filtraci6n Weymouth en La Verne, antes de que nos sea entregada. Hay siete conexiones de MWD en la Ciudad. La mayorfa de nuestros clientes pueden esperar una mezcla de las dos fuentes de agua Sri sub - terrinea a importada. Para mas detalles, vea el Estindar de Calidad del Agua (Water Quality Standard) para cada uno de estos recursos, en los datos a continuaci6n. Fuentes de agua sub - terrinea y aqua importada estdn listadas en columnas separadas. 2. ZQui contiene mi agua potable? Su agua puede contener diferentes tipos de sustancias quimicas (orginicas a inorginicas), organismos microsc6picos (p. ej. bacterias, algas, virus) y materiales radioactivos (radio - n6clidos), muchos de los cuales estdn en el ambiente de modo natural. Lasagenciassan- tarias requieren la monitorizad6n de estos ele- mentos ya que pasando ciertos niveles podrian causar enfermedades. La columna denominada "Parametros" detalla los elementos encontra- dos en el agua de la Ciudad de Santa Ana. 3. ZCuales son los niveles miximos permitkios de los elementos que se encuentran en el agua potable? Las agencias sanitarian tienen MCLs (niveles miximos de contaminantes) para los elemen- tos, para que el agua potable sea segura y luzca, sepa y huela bien. Algunos elementos tienen las tetras "TT" (Ticnica de Tratamiento) en la columna MCL, debido a que no tienen un MCL numirico. En lugar de elio, tienen ciertos requi- sitos de tratamiento que deben ser cumplidos. Uno de los elemento; el total del cloro residual, tiene un MDRL ( nivel miximo de desinfecci6n residual) en lugar de un MCL EI MDRL es el nivel miximo permitido para un desinfectante, que se agrega para el tratamiento del agua. Los elementos que estdn agrupados en la section de parametros primar os pueden, en ciertos niveles, resultar rnsalubres. Los elemen- tos que estdn agrupados en los parametros secundanos pueden afectar el aspecto, gusto y olor del agua, pero no afectan la seguridad del aqua, salvo que tambien tengan un parametro primario. Algunos componentes (por ej., el aluminio) tiene dos MCL diferentes, uno para los impactos relacionados con la salud y otro para los impactos no relacionados con la salud. 5. ZC6mo se qui cantidad de un elemento se encuentra en m) agua y si iste se presenta en un nivel considerado seguro? Con pocas exceptions, si la cantidad PROME- DID de un elemento encontrado en el agua de la Have durance el transcurso de un aAo no es mayor que el MCL, se considera que el aqua cumple con los requisitos reguladores. Los niveles mis altos y mis bajos medidos durance un aft, se muestran en la columna RANGO. Los requisitos para la seguridad, el aspecto, el gusto y el olor se basan en los niveles PRO - MEDIO y no en los de RANGO, 6.1De qui forma ingresan los elementos a nuestro suministro do agua? Agua para beber (tanto de la Have como embotellada) proviene de rios, lagos, arroyos, lagunas, presas, manantiales y pozos. Mientras el agua corre sobre la superficie de la tiers o subterrineamente, esta disuelve minerales naturales y en algunos casos, material radioacti- vo, y puede recoger sustancias que resultan de la presencia de animales o actividad humana. En la ultima columna de la tabla, se detalla el origen mis probable de cada elemento. 7. iHay alguna fuente de contaminaci6n potential en nuestro sistema? Se hizo una evaluaci6n de los pozos de agua potable para la Ciudad de Santa Ana en diciem- bre zoo6. Los pours son considerados mas vulnerables seg6n las siguientes actividades asociadas con contaminantes detectadosen la fuente de agua: actividades hist6ricas de agn- cultural, aplicaci6n de fertilizantes y Campos de golf. Se considera que los pozos de la Ciudad son mas vulnerables a las siguientes actividades no asociadas con los contaminantes detecta- dos: oleoductos o tuberias quimicas; aimacin o procesamiento de quimicos o de petr6leos, tintorerfas, gasolineras, corral de metal chata- rra, chapado, tiraderos de basura, desecho y chatarra, producci6n de sintiticos y plisticos y sistemas de recolecci6n de drenaje. 75A -30 tConanuacrdn de la pagma z) cuan esencial es al aqua para nuestra salud publica, seguridad y b enestar "El Ayuntamiento y personal trabajan diligen temente para proveer, proteger y preservar uno de nuestros mas preciados recursos," anade Claudia Alvarez, Aicalde Pro Tempore de Santa Ana, queen tamoien es Presrdente del Distrito del Agua de Orange County 'Como comumdad, podemos todos ser buenos admi- nistradores de nuestros recursos naturales. En lugar de comprar agua embotellada, podemos reducir nuestra huella ecologica mediante darle vuelta a la Have del grifo y, al memo tiempo, disfrutar del agua potable mas saluda- ble y del mejor sabor posible." Los Premios de la Academia del Agua El mes pasado, mas de 15o personas y una sere de funcionarios del aqua de los EE.UU y del extran)ero asistieron al festival de degusta- ci6n de agua en Berkeley Springs, Virginia Occidental. Considerada como los " Premios de la Academia del Agua," esta competencia es la degustaci6n de agua mas grande y de mayor duraci6n en el mundo, esti dedicada a preser- var y proteger el agua potable. Se le pidi6 a once jueces, incluyendo represen- tantes de las tres principales cadenas de televis16n, la radio publica y medios de comu- nicaci6n impresos, que probaran el aqua de 77 fuentes diferentes. Estas incluyeron fuentes de 32 aquas municipales de una docena de estados, Canada y Corea del Sur. Al igual que una cata de vinos, losjueces calificaron cada atributo, incluyendo la apariencia (debe de ser transparente), el aroma (no debe de tener ninguno), el sabor (debe de saber limpia), la sensation de boca (debe de sentirse ligera) y por el sabor que deja en la boca (dejando a la persona sedienta por beber mas). Santa Ana espera volver a competir y hater otro gran revuelo en el festival de Berkeley Springs el proximo ano' x � � vs. , 6 _ $1,475 � Cuarto cuestan los 3 vasos de aqua ue 5' supone genes qwU tonf'f ar Cada d'3� Solo unos 66 centavos al ano si tomas el aqua del grifo de la Ciudad de Santa Ana. Sin embargo, al tomar agua embotellada, podrias gastar un promedio de 2.200 veces mas, aproximadamente s2,475 al ano. ,Porque no ahorrar to dinero, disfrutar del aqua de Santa Ana ganadora del premio por el me)or sabor, y ayudar a reducir to huella de carbon en nuestro planeta! 0 20% Post- Consumer Waste Meta de W ai Mbdrim do Comer a(nanee.(MCLG ): Es of efvel de - tmamtmbanta preto m on of ago potable a" 6sjo nivel no presenn rkogo conocido nil toperredo pan In sabd. Meta de Selud Pt26ika (PHG): Es d nivd de an mnta sslim to Free to on Y Was potable cqo Will nlwl 1-0 present; riasgo cur ,'A, , 1-i espendo pan b ;skit Los PHG son establecidm par le Agen® de Proteccliia Arr"onal de Estados Unidaw NIrel Miludmo do Redduo de Da dnfectaMe (MRDL} Es d nivd de deslnfaaanto aAadWo pan el tratamionto dal egua quo no debe de oar oxce ildo an of V4o del consumidor. Nival Mlximo de Mega do Residua, de Desinfectante (MRDLG): Es of nwal do dealn- fecanto "Ido pan at tnta. mionto del ague cuyo bap nivel no presence r(*ago eonoeido nil osperado pan la salud 8 USEPA esablece Ina MRDLGs. Marmots de Agua Potable Primaria (POWS): Los nlveles MCLs y MROU pan lot conami- nantea qua afecon la salad )unto con lee requisitos de aeguimianto a informad6n, con los requisites pan of traamiento dal ague. Tlcnica de Tratamiento (TT): Un proceso raqual pare redu- cir el nivel de un conaminance an el Agua poabk. Nivel Accidn Regulatoria, Es to concentnci6n de tin tonaminanca qua, 0 se excede. desenadena un tnamiento u otros requisitos quo deben de [emir seguimiento an on sistema do ague. La able adyaciente lien Im datos de Ina nhodes de con - aminantes regulados qua fueron deacados an nuesvo suministro de Agua desde enero I Casa d1- diambre 31 del 201 L La presanda de astm conamimnus an et ague potable no India necenriamento qua el agua plantea un riesgo a la salad. Dmmmo. hhei lawm no muai toe tsoom - eab hog koi coo dot haus. Tsheb hheis s, It, yog them nrog tat rug noog uat loroub hog caws. ito34i r gti9R7c43.1-. 1111 it 13134:118 Aix 1k., 15 319 is 2 V Chi 061 nay th81 quan tr9ny. Xm nhd ng(Rl dish Cho qUY vl Mahologo ong impormasyong it. Mangyanng ipasalin Ito Secondary Standards - Aesthetic Standards (non - health related) Unregulated Parameters That May Be Of Interest To Our Customers mw. . Radon: Radon, a radioact.. il. du, you a o', ses. caste. car tmea. it a fount mrour Runodrl ... him, from natural deposi,s: Chloride ippm) Soo NAy 63 .76 71 18.2 . 96.3 51 g nd.en C.1- (unas) IS NA NA I ND -3 0.45 Nuff*- occurring organic materiah 0.01 NS D.20 - 0.37 0.28 NC ND . 0.17 Natural ar mdustmady- induencad bob-. N _ ros.vrty $I! NA NA Non. Non- Nnn. No hydrogen. !Arbon and o.ygen :n rho water. NA 41 -SS 49 car_o _orrosw afrecaed by cerrpentwa and other leers Iron (ppb) 300 NA NO NO NO ND Municipal and Industrial wau dedurg.a Foaming Agents ppb, 500 NA NO ND ND NO MunKipal od ,ml. -al wane dixharges Odor, Threshold (win) 3 NA 2 2 ND - 2 0.12 Natural orcurrng organic natal Spec. Conductance 121 -425 245.7 Tool Hardness NS NS 1.3 • I Sl Substances that lorm wns when .n water. Iu5lcml 1.600 NA 120-960 660 41 S . 1.110 68143 r influence o „'ter comarning radon n+ar +Ise Ouse m- crossed risk of stoma. ancer. 1t yes are concerned adout neon in Your none. ant Myneswm (pprr) NA NA 16-21 19 RunomMuhirug from natural dposl SuOba (Ill Soo NA 120-170 I SS M.2 - 143 4118 snivatw influence Tool Dasobed Seeds Ippma 1.000 NA 190 .490 455 250-636 412.65 RunoBgeaching from .uitural depouts Turbidity (NTU) S 1 NA 0.02.0.07 0.05 1 NO - 11 027 Sob rurwe Unregulated Parameters That May Be Of Interest To Our Customers Additional Parameters That May Be Of Interest To Our Customers 1.4- Diouna tppb) NA NA NC NC NO NO AunoBAaxhing Nom natural dpoots: aawaur influence How To Read Your Como Leer Su Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the rid and then carefully rift the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are crying to deter- mine I you have a leak turn off all the water in your home, both indoor and outdoor faucets, and than check the dial for any movement of the numbers. If there is movement, that indicates a leak between the meter and your plumbing system Contador De Agua Su condor de aqua esti por to general locali2ado entire la calle y la aces bajo una taps de cemento. Quite la taps usando un destomilladcr an b abertura de la taps y luego. con cuidado. levante la taps El concador se lee dlreccamence, como el cuenn kil6me- Eros an su auton36vil. Lea s6b los n(n3eros btancos. Para determinar si tested tiene una fuga de agua, cierre coda all agua an su casa, canto las (laves de agua aden- tro de su casa y las (laves exteriores, luego revise el disco an el contador pan detectar movimiento an los n6meros. Si hay movimiento, eso indica qua hay una fug; de agua entre el contador y w sscema de fonpneria. Low-Flow Indicator -The low -flow Inelleador de Baia, Rao - E: ndlodor ncknor w.0 ;pm 8 any amtcr is de bale Auto It 111-1. d ague lure poll al lowing through the meter conudor de agta. Meter Register - T ,e new re;r;ra a io, Ike x nuleage idtimetw - 7aur tar fie umoers leep s a in; vu. cat .ml the water that has passed h ,.in are rarer The register rrwn ...'rl, ,n -ha: 34; 7 I :,bsc feet tar .attar has .assedrhrcu ;h :h!s inter. 75A -31 sweep Hand - Each fad mm-, of d-e ;weep hand ,ndsates that one :uoK bet of water i 7,18 pitons) ha; sassed d,,,mgh one e tar The n•x-'sings it the rnuer edge of the . :61 radiate tenets sad +undrMNs a11 a-e vub¢ fan, Mario Large - Cada rnalucior ccmalea x a ma„o 'arts dal xrador fe sgua i1dia cue on pia cubxo le it, .a 748 pf.7 -1'a pa lii tier n Quad., J. ague Las ma.< en A aonfe e:at fat 3._J ncicar !as dermas y canmsuras am ^.as h tar - coo - Registro del Contador de Agua - E re0uro del conadcr de sgw :e parece macro u _tin ukdcmru 1-e mi ,r, cacr.e Los ,uner n as b -.0d rota It sg,a qua ^a posed. raw ,I caiudor fe ag�a cl cg,r,r, mastndc er3ita 1.v 145.710 v woiws it r4u.a ) sawn p, r . sate ,ne.do: 1r tit, Radon: Radon, a radioact.. il. du, you a o', ses. caste. car tmea. it a fount mrour out des U.S Amon can nwe through no ANA 9 - 120 85 146 . 231 161.45 ;round and •ma a nome :rc ugh crat. and la, -n me foundation. Radon can hold Tun laiels m ad types of nom Radon NA 7ZNA 110 130 NO -0.22 0.01 NS NC NC ND . 0.17 0,04 from o ;aa �nr Irnomosno -rig, released an rap water g. rrunng dunes. aria omer nomenda aaiwues. Com- p_ radon entering home metro gn.p water wall n nmst :aces x a small source d man c r -qw air Radon n a mown g n caranogen. 8-thoig v radon an lead to lung ancwr Drinking NA 41 -SS 49 15.7 -IN 74J1 3) NA NC NC 146 - 237 161.15 5karhorata (aa HCO3) NA NA NC NC 170. 209 200.33 Chrom,um VI IP0b) NA 0.02 0.09 •0.1 0.09 NO . 3.4 1.03 Total "adnus (gapes) NA NA 57.270 100 121 -425 245.7 Tool Hardness NS NS 1.3 • I Sl I O 5 1.1 - 13.9 11.7 (Grans xr brat o „'ter comarning radon n+ar +Ise Ouse m- crossed risk of stoma. ancer. 1t yes are concerned adout neon in Your none. ant Myneswm (pprr) NA NA 16-21 19 7.0. 21L7 14.64 lmna (NOMAt (ptalt INOMA) fppb) NA NL = 10 NO NO NO NO she rat n your name. Twang a riaxpernna and asY. Fu your home .f me teed of neon in your tar m 4 picocurien per liter of mat (pCdl) tar nigher. There are ample -r to in, a radon problem the ,ten i coo cony. For uraminal nformation. tae Your Soo radon program 1 1400. 745.72)6). - EPA Safe Drinking Water Act Hotane(I -SM -426. 17911. or the Natond Safety Coul Amon Hockne (1.800- SOS- FtAO0N). pH (Pei win) NA NA 7-82 a 7. 7-61 7.92 Potassium (Ppm) NA NA 1.4 - 4.1 1.8 1.3 - 3 2.01 Radon (pClll) NA NA NO NO 256-529 368.71 Sodium (poml NA NA 62 77 70 14.1 . 66.6 4514 TOC (gapes) TT NA 1.7.3 2J ND -029 0.13 Vanadium (pob) NA NL a 50 NO NO NO .6-2 1 018 Additional Parameters That May Be Of Interest To Our Customers 1.4- Diouna tppb) NA NA NC NC NO NO AunoBAaxhing Nom natural dpoots: aawaur influence How To Read Your Como Leer Su Water Meter Your water meter is usually located between the sidewalk and curb under a cement cover. Remove the cover by inserting a screwdriver in the hole in the rid and then carefully rift the cover. The meter reads straight across, like the odometer on your car. Read only the white numbers. If you are crying to deter- mine I you have a leak turn off all the water in your home, both indoor and outdoor faucets, and than check the dial for any movement of the numbers. If there is movement, that indicates a leak between the meter and your plumbing system Contador De Agua Su condor de aqua esti por to general locali2ado entire la calle y la aces bajo una taps de cemento. Quite la taps usando un destomilladcr an b abertura de la taps y luego. con cuidado. levante la taps El concador se lee dlreccamence, como el cuenn kil6me- Eros an su auton36vil. Lea s6b los n(n3eros btancos. Para determinar si tested tiene una fuga de agua, cierre coda all agua an su casa, canto las (laves de agua aden- tro de su casa y las (laves exteriores, luego revise el disco an el contador pan detectar movimiento an los n6meros. Si hay movimiento, eso indica qua hay una fug; de agua entre el contador y w sscema de fonpneria. Low-Flow Indicator -The low -flow Inelleador de Baia, Rao - E: ndlodor ncknor w.0 ;pm 8 any amtcr is de bale Auto It 111-1. d ague lure poll al lowing through the meter conudor de agta. Meter Register - T ,e new re;r;ra a io, Ike x nuleage idtimetw - 7aur tar fie umoers leep s a in; vu. cat .ml the water that has passed h ,.in are rarer The register rrwn ...'rl, ,n -ha: 34; 7 I :,bsc feet tar .attar has .assedrhrcu ;h :h!s inter. 75A -31 sweep Hand - Each fad mm-, of d-e ;weep hand ,ndsates that one :uoK bet of water i 7,18 pitons) ha; sassed d,,,mgh one e tar The n•x-'sings it the rnuer edge of the . :61 radiate tenets sad +undrMNs a11 a-e vub¢ fan, Mario Large - Cada rnalucior ccmalea x a ma„o 'arts dal xrador fe sgua i1dia cue on pia cubxo le it, .a 748 pf.7 -1'a pa lii tier n Quad., J. ague Las ma.< en A aonfe e:at fat 3._J ncicar !as dermas y canmsuras am ^.as h tar - coo - Registro del Contador de Agua - E re0uro del conadcr de sgw :e parece macro u _tin ukdcmru 1-e mi ,r, cacr.e Los ,uner n as b -.0d rota It sg,a qua ^a posed. raw ,I caiudor fe ag�a cl cg,r,r, mastndc er3ita 1.v 145.710 v woiws it r4u.a ) sawn p, r . sate ,ne.do: 1r tit, THE FOUR TERMS TO EXAMINE: Primary Standards— Mandatory Heaim- Related Standards rises -nay cause nealtn problems m drinkimg «are, Secondary Standards— Aesthouc Standards a n healrh- istedi that vvld vase odor taste . or appearance problem. dnnkmg «are, Unregulated Parameters— loformaoun about :onomwms rnat are mond.ored pa, are not currendy regulated by federal and sole aeanh age r- Additional Parameters - 44.1maaon that may also be if .terns, r customers e .:s(i7d v nt Ceq_l�tninaet L�WN '. rAaalll)rlarit a etfnrrt water below wbide titers k3 re Insole or expected'rbk to heahh. : MI LGs are set by site USEPA- Public Hadth Gast (PNGr The level of a contaninnt In drinking water below which there Is no known or mpected risk to hesitls PHGs are get by the California EmrFarnhenal Protection Agency. Maximum Residual Disinfec- tant Level (MRDLk The level of a disinfectant added for water vaeanem: that may not be ex- ceded at the consumers tap. Maaclmtxm Residual Disinfec. rant Level Goel (MRDLG): The level of a disinfectant added for water treatment below which there is no it or expected risk to health. MRDLGs are set by the USEPA. Primary Drinking Water Standard (POWS): The MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting require• meats. and water treatment requirements. Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water Regulatory Action Level: The concentration of a contaminant which, 0 exceeded, triggers ..— ment or other requirements that A water system must follow. The adjacent table lists dam on the levels of regulated conamnants that were detected in our water supply from January I through December-31.2011 The pros. ence of these contaminants in the drinking water does not necessan ily indicate that the water poses a health risk. ei 20% Post - Consumer Waste LOS CUATRO TERMINOS QUE DEBEMOS EXAMINAR: Normas Primaries —Las normal obbgar —as aiacloruclas :on �a salad que poeden ocasionar Drool— en al agua potable. Normas Secundartae— Normas astenus n ,eucdonodis con 'a sarud, qua pueden outer Nor labor , ?roblem.as de aspec[o m al agua potable Param.w., NwRegulados— Informaaon sobre allsontm s qua son ccnvdados per, rye no as— a ... Inven,e regulados por lax agencies de salad del estado Parametros Adk3onales— kdormicibn ackc —al rye puede mmresar a nuesvras Ike WATER QUALITY DATA Primary Standards — Mandatory Health - Related Standards 1omonee army emosm 03 NA Highest 007 NR NR Sod runoff Turbidhy INTO) CoanbaeJ Fdar Elgism, I 9S(a) NA I X <03 100 NR NR Sol runoff Turbid Turbidity. h a measure of the knideuss of the water It a — .,.red m our ouberted racer source because s s a good ndicaror of the dfecove- 'oral Ce(b) NA NA NO 0.1 NO NO NO Naturally oresenc m the rnvronment pacana tbl Natural Uranium ipCULI 20 0A3 2 NO-102 3.73 jEronarchn of natural deposits NO NO 0.19 0 119 plumbing systems; erosion of natural Eroswn of natural dap-- rvndf ni Arsec (ppbl 10 0004 NO NO ND-26 0.26 from orchard,, gists and aWcro Internal corrosion of household Lead (pub) AL= IS 0.2 roduction wastes larilan (ppb) 1.000 2.000 NO NO ND - 136 17,6 Oil and meal refliierrs discharge: deposits dxharps from Industrial saw uhcte _ natural deposits erosion FluoMe tPPml 2 l NO - 0 3 0.16 0.17 . 0 S3 0.34 Eroon of natural deposits: discharge snfrom (natural «currn i feminer and aluminum fact to" Fluoride (ppan) reatmentn (c) OA NA NA Water add— for dental health Nitta has NO3 ,,pm) 4S 45 NO - D4 NO NO 333 1046 Runoff and leaching nom fertiliser—, disnf—ion Fla Adele [bathing from sepuc tanks and sewage: Nitrate and Motu 10 10 NO NO NO - 751 2AS erosme of ml drpouts at N 16.4 Total Chlorine Sehnum Ippb1 50 1501 NO NO ND NO liefnannin. mines, and chemxal wash 042 -11 0.9 jai it present, oleviad level* if lead can muse serious health problem, especialty for pregnant «maen and young children Lead in drinking water o plimaMy ?,,m u rols and components associated discharge. runoff SPECIAL EDUCATIONAL STATEMENT REGARDING NITRATE: Nitrate levels may rue quickly for short pentads clams because d r nhll or igra:ukural sc[way Nitrate in dnnkng water ac levels above 45 mg/L e a health risk for .farse of less than ,ix months of age. Such nitrate leveh .n drinking water can ncerfere «rah he capaory of the infant's blood to carry oxygen, rewl ng m a serious dines.. syo pmms ..kid. shwnnass pf breath and blueness pf cif skin. Nana levels above 45 mgfL may also affect Ne sbiliq of the blood m carry oxygen a other mdi ilu ds, such u praphahr women and sow with tartan specifk eneyrse deli —mis. It you to anng for an .fart. you should ask advice from your health care crchder Ia) The urb.d,,y level ul the 6kerod water than be less than or equal to 0.3 NTU �n 9S% of the measurements taken each month and shall not exceed I NTU at any cone. The avenges and ranges of turb.d.q shown in the Secondary Standards were based on the treatment plant effluent IIll The Since required raw water coklorm monnonm3 for ill craaunenc plants beginning March 2008 Reporting level n I CF1.1710Um1 for total cola orm and E. cob (c) Oat a for Use Ast—Ify-occumirg fluoride were taken before the fluoridation treatment began. Fluoride— treatment of avatar supplies it Al No MWD treatment punts sorted sequentally from October 29. 2007 co Decemeer 3. 2007 Mem000lkan was n compliance with all xowsipns of the Suns, Fluordauon System Requirements. 75A -32 Internal corrosion of household Copper tppml AL = 1 3 (11 NO NO 0.19 0 119 plumbing systems; erosion of natural deposes; hatching from wood Iron—mm. Internal corrosion of household Lead (pub) AL= IS 0.2 NO ND NO 0 119 epkn dmb rld deposits dxharps from Industrial saw uhcte _ - Leaking underground gasoline storage Mnhyl- tort Mathyln rt-b 5 3 ND NO NO NO tanks and ppefin discharge from i petroleum and chemical f—cs —, Toni Trihabmathanes 20.5 ply- product of dnnkmg water 80 NA 37 66 52 NO 59.6 1TTHM) I bl disnf—ion Fla Adele d ddnking wear 60 ill (pp NA IS-13 23 NO - 453 16.4 Total Chlorine Onnkmg «aver dames am, added bar i1ireatmrm Residual ippml 1401 [4.01 13.2.8 23 042 -11 0.9 jai it present, oleviad level* if lead can muse serious health problem, especialty for pregnant «maen and young children Lead in drinking water o plimaMy ?,,m u rols and components associated «nh service lines and home plumemg The City of Santa 4na is responsible lot providing high quality drinking «ear. h., cannot .m,.i the variety of nucerah used n plumbing componeou. When your wool, has been sitting for several hours. you -an mnirrete the potshnal for lead exposure by hushing your tap for 30 seconds to 2 mor u[es before uvng «acor for drinking ar cooking if you corned about lead o your «,tar...shot methods, and tteps yno can take to main uit exposare is available from rho Sale Drinking Water Hotfin or a[ lamp.' wvrw ep.g— Wal— its, 'lead. 75A -32 r Cl%%Ij V 1� via x, a w C 3 C o � y c •- � c y a o 0 3 y y c v � � c > w c ono c 'oo = o o• O T � i•,i y m C V > � Oa y y y o y 00 y C) p m y a > y• =� y Y °— > ,,YJ v N 70 0 ! o n C v r a 70 L E 'c 'O. « j z o y� � c gym, m L o0 Q 1 Y .O ry O' Y 7 � C `v .O >O, y 0_ Y Q c o a Q m U 3- O O n S Y 7 1 i0- k� t 1 o r m AD 2 Y i• ,>n E O u r 3 � ; •a v > O L 7 ~ j Q ` O r N 2 N '� > ,� N > s ao 5 i y Y m - ,7n O a g o> o C a o O Y q _ L M3 ` N 7 Y i6 o- ` m> m Y c O m u 's m c y $ v a L L t L s 0 y y 7r u L 72 0 O v 1 >' O m J v 2 C> 'y7 N Y N J y E O A y m`- N y i T> 070 L.� a `o Y N y z v r r y m v N caw c v = O 7 W O !p � � N 3 > vv o07 ya L r « m a y Mo., a y v m J y y c 3 v N v ' m p 7 v E O Q CL „ay N Y O 00 C0 1 . r m E M o C c y 7 v r o v Y Y? V y U C p m c C S . ` 00 L 3 Q Y o 0 7 d 7 N Q a ° Y o= E°« Y 4 m X L y p L d C i Y 3 N > a L IN ~ Y C O O u H X > m w y'Cl o Q c 3 o v 0) o v w o A E c a4 ) o i u i i N � Q 1 7 c m O y o � m Y c LCCQ fQ z Q > y UO N Q 6 �= N 9 y� a o v Q C 0 d d Y V ? v 6 �„�o E�l 75A -35 y 30 y w — . n V 20 m A N i C Y vi O> � L C O o m " y -V y ICJL •V .0 O j i10 •• M L c .. v �O N y� .� y y c a v- o c' a > c a a W O O > O_ .aCO v y u ovi 1 L L � N v y .aj 1 m W >=� 'a W I C 3: aL n O L v 7 > Y; 7 y O ^~ L y C 7 O. L 3 00 i y •� 0 O a.2 ^ � .,;Q .y c c 2 >>`0 3 V > fi. C u O C 710 •- >. o°o Ln a 41 ^ N F C L a a u C m° 3 a y 3 V O. > C A 03 0 .0 ^ 3 r a L o w L e > S m = o p , m— 2 m T .3 3 75A -35 > � > O u ` a i ? m `o 0 0 9 n' 3 a ovi 1 Q y .aj 1 m q 3: aL n � - L v 7 > O u as �u CA 0 O a.2 ^ � >>`0 o°o Ln 0 1 Y a a u v¢ m° 3 a r M n Y .g L N Y —oa ;? v� Q Z v i Q N i- 1J Q N ^] Q Vf C 75A -35 ".�A 75A -36 > L 7A - � Y Y p > > O• � - iE 1 :7 _ MO r3 rl ij G _ a 13 - '-i 3 Y ay V O 7! 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V U 00 C r>J U y O 6) m '` L L C C Y u � O m L N 1 •^ v m N 1 '� C p c 0 "a v+ V 7 N iai a m v� y i O cL- W C Y ?'E A o a o 9 p Y l 'oO U o c \U V c � °�7 ° �a eo �� L °o Y Vv 3J V m ? v 0L O c N z � E o •� W u . Q v @ a 0o O CD 1 c u L v u m v v i m o u Z ' E e O v a 33 a") a`L ) o O Q > v E o ou a►c - W o 5. U O °° � v v a vy�j y v Q y_ v aaE -�� N 75A -36 75A -37 * ,d L � N L U 'p a0 C v v - N O O V0 L _ _S 3 o v M v v a c a o O � O A T � °A v ,= V1 v'S F y O d G co `o v o '^ 0 u '-' O m O J V •� E O a u ca �, N N O u V1 v v, 1 1 c T v u O V E v a E N v 1> S v Y .� a o O am cU c r f0 v c id a. as .. ; O i oa �v. y >~ 7 2 v •• V o o v a _ c °- o v" — y y 3 ami -_ tA �p `= £ m z °c_ u i a 3 y v `, v °^ t c _ - v� i ; 3 a o� 9 2 2 1 C O . — Y 0. tC a >• -L. X i �E 4w E yam-. 6J >• M. F U ,C _ = u Q , OJ J -.% c ;° Y 6J d C o v E a 1 ` 3° a� v 3 V o y 3 ° 5 ei L O> o ap v 3 O j ar O C a� y v L 3 ,E a`v,Q= L C a a c L L c `n *0 � �V� � 3 v$ r=a c 3 �.= o .O uQ� cm LL. CN 75A -37 * ,d El 73: LL. N 0 Q J Z ma �z �Q W Q 9 V 3 y � �O - L O M •rp t L N C � W m C L O N L L u 3= .> cp ' N W N` u H N 9 O N •N r O ; ,n L O. N ? O L> N O O 0J y ;Q .. N �, Y V v N .n c s ^ N U c a +- m L } N y0 - 7 H N c Ln L 91 N - L 3 o o A o ; o T E 3 3 v 3 E c r n N ai ° v= ya c m L co ^! Q° 3 v w 1 S ^ ar c O r 7 o n U Ln 3 a M N n�v 3 `o= - o 3 0 N Q i as °0`2 _ ° VQ VQ NW_ISIOO� s 3 L u 0 0 .3 0 t 3 J 0 a 0 u Y a O 8 V 4 7 t C= C C d LAJ r J Q C= P of [A O o0p � o i M G1 � T J O coo p L 0 4�+ 0 i O �a L t)dy -) ory ouesr�uU� cc z W O �.. W � =Zoa �u? T 71 > s O v 4J M a`! i N T ^ � L u H O ey p Z r-i OD v m C o i 2v t - " X �0 O O L c7 L a � 1� o > `o O O C C` C v 0 Y 1 m i y 1 y U i y RI li L ~ 00 > = O 2 U N ^ O ul y _ u T N U1 � ` N O +J 00 1! V TO T cur RI o rts v v > .? U y RS N U v > p 2 L i j N m O y v o L ti O 1 tV0 06 o Y � 7 � lu u J v N N C 2 L T7 O ut G C N u v 2 O y U t > Y O y Q _ L v > — pc 0 psQ U O c as Op �E S GP in Q �S �c O R 1 Q Q 3 Ol O O N CO O rtl ; 7 cp O T > @ Li i v� U; 01 R ^ � 3 j L N N R L @ : N vl E .O C N T �c RI C 6 3E oy R p p = n C u N O N i 1 E v 3 L v U m 1 L 2 v � u L ` L 75A -39 C v O N L 2 N N 1 i N i s T J 2 Qa ssa Os .J j� y r v Y J (D C O E :aay- )1]y )VCsmil rJ IJ ' Q 9 ss z O `v IA v C1 tA a° 3 � J C ^1 V :aay- )1]y )VCsmil rJ IJ ' Q 9 ss z F- 0 G. Y d 0 N O Cl-i C1 a° � Y y J J L)ay a�)y ale :royl Hay )ury �ursnoNl F- 0 G. Y d 0 N O Cl-i 0 0 r� V a F— W V W 0 cc W a 3 W LLI V z 0 V i 3 L a n i y 2 0 vi J 0 v u i T a i O 'J L i v I 4 C O ti 3 7 a o `a 3 L o � y O �a C 3 .v 1 r CIL v � y v N N 70 vi Ln 7 G L >, L � �CL y � N N Do Y 3 y n t> > � y � L ti z _ 3 O a cn 'o n 3 30 R V _v L y 0 2 y 0 v O y E 0 75A -40 L' 0 3 d 0 C 0 .] m �a a d is 3 O c m C7 R c L c L N aJ L v W L o � c m H E L 0 L 0 O L U i ti E L v O m N Y 6 7 rs t A d 6 CI L :;•.c_ Y u y �7 c a E - G7 c V0 a y c GJ a �Ln N C 0 00 O V A N a C A a W m a a, L m v is L 0 -6 O a0i Z� � d } c S N 3� E O R � a O '^ U� O U; t X LL Cl) C 0 E 3 a 7 O T C 2 d u O c A 3 0 c v 3 E E " O L L V .O r9 �9 D! N o. c � o t � � som t. m C �^ u0i ; O v y a 'N ON O L R v 0 R 0 vi v > c R a C C 3 O J A U. C 00 Y '^ �3 v N a m L tu tu Ji C i O. N C Y O a a c m > m a N o> m d o tI1vE L c9 C C 0 o C � m 'R g U Y U O T c A E m C v N L w 0 U d .c c f0 � N GJ i � N V L c w v 'u 3 �G N y L 0 L Y y aL.. u O E *co 4.+ voi t>o u a W A N C > o m m m M, t: 0 d J 4 3 N 0 cc W a 3 0 Z 0 a W cc Y V W u 06 W H WC C d W J CC W a 3 oc O LL a QJ cN N cx L � Y M1. N 3 t d Q t 3 .y Q Q u 3 75A-41 0 J i m C 1 M Y L Y J `m n. h 0 i 3 0 Y O�Q1 Q Q t Q Q u 3 0 L L T A n � c Y � c F v v L - N_ m 3 ` J L Y y 3 'C y+ J y � �� O - .^ O O 3 y Y w Y L ` Cuj � Q L y V f4 _ U Oy0 3 N y A Y O L V L ~ '� o� o o= M1. N 3 t d Q t 3 .y Q Q u 3 75A-41 0 J i m C 1 M Y L Y J `m n. h 0 i 3 0 Y O�Q1 Q Q t Q Q u 3 0 L T A O c Y � c F v v y N_ m 3 ` Y Y 'C y � �� O � v 3 y Y w Y L v C Cuj � Q L y V f4 y N y � G 41 � o� o o= y car O m E y 00 C n 0a 1>1 o _ a L > W � � a �-- o o y o a J o _ T Y O. 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L 9 q> O Y .A S y •Crr^! .� y N 9 'Or U H v � 'J C .. > m C u am y G L y 1 ] N a d a+ C L L Ol _9 O v Y - 7 d n r0 vyi IA a .� - .7 n r 7 Q �n y L .O d a S J cm j 'V .(j C OJ Ol Ol O« Y <p Y C J A .�+ 9 y ro FF •C j -, O p C C 1 O C N m .m N .p .y 5 P,' s _ L � p IA � CO y Y :J '6 C y C R t5 V Q O L L 3 W Y O 1 @ 0 7 - v 7a p 3 7 'S q y Y rZ-r 7 '9 J L Cl u i a y a e-i CV c*i 75A -54 W a OVZ �a crf m �z V a I W O � O O to y^� y7 W/ wQ W ea L O wG W M N 0 u a IA O L 4w N v O t� V o°r y �O 'u L W r4 7 u a O N c O 'v R t0 r+ m cu m c c v A O E �6 J i y a v n 9 1 v E 'v i W 9 75A -55 9 a L a �a 9 S ti y 1 v v y � y y � o � 7 .Q > V L :.+ 3 v C u a' r � L � O c o ;h a N L J 7 L � a L O y.L' N ? ti a v y L u Q J W 0 0 d W C w 0 Z O' F1 y U 9 Q .7 O Q 0 N A L 1 '0 N u L 7 L y V S r � 7 n O J O q J ,- � Vn 71 ? ^ y y O CL , V y a N ^ 'J 7 y U .� O � � �_ > � ap 9 7 ,^ Q U= 'm 1 7 A 0� .�. 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V� O Q � 0 ■ T ^ L � O Z ? y 9 D Y T ' L v � 3 > •� ; L; ; 9 Y J 3 •C S 9 0 ^ q Y G �vi y^ O 7 J 4 Y- G 3 rY o, '24A 23 = J J T N j n? G Z- n Y > q c 1 n= J � C 75A -64 i ju Y D O O J p c R a �.N LT u•�•e =vT rA,u'?� o a Q - L V1 N 2 VI r i u � y j r v 1 � au � � m U n .-.• y Q^ U Y 9 u "n v r J u Y S'J d m u V i r o � v �' f e y >� -• �o�o vv ern- W S L U T 1 r 7 U y ] U J V n 'J :n ,aw V I D N folk a a V ! 9 - � O .2E . - � = 1 U 'Jf L ]0 U •Yi 9 a F< L O i L L 7 � Q n O � JU1 r 9 7 n l7 y L 9 S n o v v L Z u J 1 75A -65 � 9 Q 7 J Q f"1 eU � y y ^9 Q A O L N ?i m i v j� a 27 q 1 Q 7 J ✓ ` � a y 1 -no = 7 > T V � y L C YLO nu X c J 9 L R »� z,3 6 u Q Q W O 0 C O U W O w O � \)\ �\: y- � � . : \ :4 }} !l ) �) }j \ \ \� c 2 Q } /, , ; }J \;.. $ ! ;,, . §§ , }) / �,>I} )� } \\. \, \ \ {� � ) {\ \ ;, , }� � \ ) }} ]} }} \ » ) ) \�,:l \� \ \) } \ ; ( §!, �g �; \�( |� } � 75A-66 \ :4 }} !l ) �) }j \ \ \� c 2 Q } }J � $ _�� \ }) j )� \ ) !,,! !Q! }� � \ ) }} ]} }} \ \\ \� \ \) !G 4 La }} ca �\\ \} } !, !! / ;_� }) ■ �' .\ 1 10 . tj - ƒ / 2 0 Z z cc LLJ 75A-66 Ot 7 75 711 z z Z2 o LLJ 2 !15=; lie' uj LA 75A-67 �_Q�l� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2013 TITLE: ORDINANCE SECOND READING: APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 ITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On January 22, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 6 -0 (Pulido absent): ORDINANCE NO. NS -2844 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, / "`Clerk of the Council ATTACHMENT: Ordinance No. NS -2844- 75B -1 75B -2 Iss05/30/13 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 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. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed two -year budget for expenditures for two fiscal years commencing July 1, 2013. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the budget of the City for fiscal years 2013 -2014 and 2014 -2015, commencing July 1, 2013, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "Fiscal Years 2013 -2015 City Budget," a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal years 2013 -2014 and 2014 -2015, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "Proposed Budget 13 -14" and "Proposed Budget 14- 15 ". Each aggregate of expenditures so specified in said Budget for said fiscal year 75B -3 for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: The City Council of the City of Santa Ana hereby adopts the Seven -Year Capital Improvement Program commencing at 2013- 2014, as set forth in the 2013 -2015 City Budget. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2013. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. SECTION 10: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or 75B -4 employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: PUBLIC HEARING — TWO -YEAR 2013 -15 CITY BUDGET /0 Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended Q' rdinance on lSt Reading,,6 3 —/3� 7SA ordinance on 2nd Reading /6- j� -13j' %,4 ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �wojr}101�iS FILE NUMBER Adopt an ordinance appropriating monies for fiscal year's commencing on July 1, 2013 and July 1, 2014. 2. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION The 2013 -15 two -year budget fulfills the City's purpose of providing quality service to enhance the safety, livability and prosperity of our community. The primary fiscal objective is to establish the foundation and base -line to build upon future budgets as well as community and organizational needs. As such, this budget continues established strategies to move the City into long -term financial stability while maintaining core programs and services to the extent possible. The total annual proposed budget for fiscal year 2013 -14 is $428,132,328 and $390,913,585 for fiscal year 2014 -15. The proposed budget incorporates all funded appropriations related to the General Fund, Internal Service, Enterprise, Special, Community Development and Housing, Capital Improvement Projects and Grant funding. The 2013 -15 General Fund budget is estimated at $205.7 million and $204.5M respectively and equates to approximately 50% of the total annual proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. In an effort to protect critical front -line services provided to the public, the proposed budget continues to incorporate various expenditure reduction strategies which include fire and medic services through the Orange County Fire Authority, employee 75B -7 Public Hearing — Two -Year 2013 -15 City Budget June 3, 2013 Page 2 retirement cost sharing, implementing significant workforce changes, and continued evaluation of all business practices to reduce organizational redundancies and improve efficiency. With regard to workforce changes, a total of 155 positions which the vast majority is currently vacant will be deleted from the budget. The elimination of these vacant positions is part of the City's strategy to reflect an accurate picture of the City's full -time staffing levels. The proposed resolution amends prior resolutions by adding classification titles and 6 -step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations. FISCAL IMPACT With approval of the proposed two -year budget, $428.1 M and $390.9M will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $205.7M and $204.5M will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency •7 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2013 -2014, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. .� U Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly five -step salary rate ranges indicated: Classification Title Dare Officer Police Property and Evidence Specialist Police Service Assistant Police Systems & Communications Manager (RM) 5 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary 600 Minimum - Maximum 621 $4317 - $5252 624 $4382 -$5330 605 $3994 -$4858 M742 $7799 - $9482 B. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Arts Administrator Bookmobile Operator Community Center Coordinator Community Center Representative Community Development Resource Coordinator Community Events Coordinator Community Events Supervisor Computer Operations Coordinator Correctional Records Supervisor Engineering Drafting Technician I Engineering Drafting Technician II Equipment Operator — Traffic Paint Equipment Operator — Water Maintenance Graphics Supervisor Kennel Attendant Learning Center Technician Library Associate Library Specialist Library Technician Park Maintenance Worker Park Naturalist Periodicals Technician Police Supply Specialist Recreation Center Director Recreation Supervisor Redevelopment Assistant 7 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary 600 Minimum - Maximum 633 $4579 -$6140 559 $3192 -$4278 641 $4764 -$6384 600 $3896 -$5226 691 $6080 -$8149 600 $3896 -$5226 666 $5382 -$7211 696 $6230 -$8349 614 $4173 - $5596 610 $4091 -$5488 641 $4764 - $6384 600 $3896 -$5226 600 $3896 -$5226 661 $5252 -$7039 491 $2288 -$3067 570 $3365 -$4511 580 $3533 - $4741 507 $2475 -$3318 570 $3365 -$4511 559 $3192 -$4278 559 $3192 -$4278 570 $3365 -$4511 580 $3533 -$4741 580 $3533 -$4741 651 $5002 -$6702 641 $4764 -$6384 75B -10 Classification Title Senior Library Services Assistant Senior Recreation Center Director Senior Recreation Supervisor Senior Water Maintenance Supervisor Supervising Librarian Traffic Technician Utility Inspector Visitor Services Coordinator Volunteer Services Coordinator Water Maintenance Crew Leader Water Maintenance Supervisor Water Maintenance Worker II Water Meter Repairer I Water Meter Repairer II Water Quality Coordinator Water Quality Inspector Water Quality Supervisor Zoo Maintenance Supervisor 7 -Step Salary Rate Ranae Effective 7/1/13 SRR Monthly Salary MM -12 Minimum - Maximum 559 $3192 -$4278 585 $3622 -$4858 681 $5790 -$7761 681 $5790 -$7761 663 $5304 -$7107 664 $5330 - $7141 631 $4533 -$6080 526 $2717 - $3640 620 $4296 -$5762 620 $4296 -$5762 651 $5002 -$6702 574 $3432 -$4601 579 $3519 -$4718 599 $3880 -$5201 671 $5515 - $7391 631 $4533 -$6080 651 $5002 -$6702 630 $4511 -$6050 C. Adding, in alphabetical sequence, the following full time classification title at the monthly five -step salary rate range indicated: Classification Title Emergency Operations Coordinator 5 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum 710 $6670 - $8109 Section 3: That Section 313 Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time classification titles at the monthly seventeen -step salary rate range indicated: Classification Title Administrative and Enterprise Services Manager (MM) Building Maintenance Superintendent (MM) Chief Assistant Clerk of the Council (MM) Employee Relations Manager (MM) Park Maintenance Superintendent (MM) Police Technology and Support Administrator (MM) 17 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum MM -24 $8527 - $12660 MM -14 $6666 - $9891 MM -12 $6341 - $9414 MM -23 $8320 - $12353 MM -22 $8119 - $12051 MM -25 $8743 - $12978 75B -11 B. Adding, in alphabetical sequence, the following full time classification title at the monthly seventeen -step salary rate range indicated: Classification Title Community Development Manager (MM) 17 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum MM -26 $8961 - $13300 C. Designating the newly created classification title of Development Manager as Middle Management by assigning the parenthetical identifier "(MM)" after this classification title. Section 4: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by deleting the following full time classification title at the monthly five -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/13 SRR Monthly Salary Minimum - Maximum Workers' Compensation Administrator (AM) AM735 $7535 - $9161 Section 5: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 6: This Resolution shall be operative from and after July 1, 2013. ADOPTED this 3rd day of June, 2013. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka Chief Assistant City Attorney Miguel A. Pulido Mayor 75B -12 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2013- to be the original City of Santa Ana on June 3, 2013. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the 75B -13 Clerk of the Council City of Santa Ana 75B -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 3, 2013 TITLE: FISCAL YEAR 2013 -14 MISCELLANEOUS FEE RESOLUTION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution establishing the 2013 -14 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the associated services. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect these costs. The FY 2013 -14 Miscellaneous Fee Resolution identifies all fees assessed as well as those recommended for adjustment. The FY 2013 -2014 Miscellaneous Fee Schedule includes the establishment of ten new fees which include; return of payment service, utility service set -up, Santa Ana Stadium non - spectator commercial events, adult baseball surcharge and six business license tax abatement fees previously established under ordinance NS -2841. In addition, the fee schedule includes the continued waiver of the Credit Card processing fee, fee reductions in the Santiago Lawn Bowling and Santa Ana Stadium- Television Rights fees, a proposed increase in the Enterprise Zone Hiring Tax Credit, and a recommended full cost recovery for Police Security Services as well as residential parking. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $607,350 in general, internal and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75B -15 75B -16 Iss05/30/13 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2013 -2014 AND REPEALING IN PART RESOLUTION NO. 2012 -022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2013- 2014 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2013- 2014, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 2.7 %, so that certain proposed fees for Fiscal Year 2013 -2014 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2012 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 2.7% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 2.7% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 2.7 %. Such Resolution No. 2013 -XXX 75B -17 Page 1 of 3 charges are listed in the `Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2013 - 2014, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. I. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2013 -2014 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2012 -022 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2012 -022 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution No. 2013 -XXX 75B -18 Page 2 of 3 Section 5: This Resolution shall be operative from and after July 1, 2013. ADOPTED this day of June, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75B -19 Resolution No. 2013 -XXX Page 3 of 3 75B -20