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HomeMy WebLinkAbout FULL PACKET_2019-04-02REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: ORDINANCE SECOND READING: AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES (STRATEGIC PLAN NO. 5,1) CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On March 19, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Sarmiento absent): ORDINANCE NO. NS -2964 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH PROCEDURES FOR ISSUANCE OF FINES In summary, the Ordinance (Exhibit 1) amends Article I of Chapter 10, Section 153 of the Santa Ana Municipal Code regarding Crimes and Miscellaneous Law Enforcement Provisions, amending the word "Person," to include property owners, pursuant to loud and raucous noise violations. The proposed revisions also allow for administrative fines ranging from $100 to $1,000 for property owners who allow illegal conduct to occur upon their properties. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11 A-1 Second Reading Ordinance: Amending SAMC Related to Loud and Raucous Noises April 2, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS -2964 11 A-2 EXHIBIT 1 TB 3.5.2019 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH PROCEDURES FOR ISSUANCE OF FINES 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. On February 1, 1993, City Council approved Ordinance No. NS -2184 adding Section 10-153 to Chapter 10 of the Santa Ana Municipal Code to regulate electronically amplified loud and raucous noise within the City of Santa Ana. B. Currently, when the Police Department receives a report of electronically amplified loud and raucous noise, police officers respond to the location to enforce the provisions of Section 10-153. As presently written, however, enforcement has been difficult because Section 10-153 does not expressly define those persons who may be held responsible for the amplified noise. C. Noise disturbance complaints tend to be one of the highest calls for service to the Police Department. The proposed Santa Ana Municipal Code revisions will give the Police Department the ability to respond effectively to those complaints and, thereby, address community needs and concerns, by identifying those persons who may be cited for violating Section 10-153. The proposed ordinance also sets forth the schedule of fines for each violation of Section 10- 153. enforcement against the property owner, thus eliminating the need to identify the individual(s) on scene responsible for the disturbance. Section 2. Section 10-153 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE I. IN GENERAL Sec. 10-153. - Loud and raucous noise from sound -making or amplifying devices prohibited. (a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound -making or 11 A-3 TB 3.5.2019 sound -amplifying device in his/her possession or under his/her control: (1) Upon any private property; or (2) Upon any public street, alley, sidewalk or thoroughfare; or (3) In or upon any public park or other public place or property except upon any school district property. (b) The words "loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power, such that it can be heard fifty (50) feet from the location where the electrical, mechanical or other device is amplifying the sound. (c) The word "person" as used herein means any of the following: (1) The owner(s) of record of the real property and/or location where the party, gathering or event takes place. (2) The person(s) in charge or purportedly in charge of the real property and/or location where the event takes place. (3) The person(s) authorizing the use of the real property and/or location for the event except when a permit has been issued by the City of Santa Ana. (4) The person(s) who organized the event. (5) The person(s) who is operating the electrical, mechanical or other device amplifying the sound in the manner described in subparagraph (b) above. (6) If the person in charge of the premises from which the loud or raucous noise originates is a minor, who resides with one or more parents or legal guardian(s), then the parent(s) or legal guardian(s) shall be deemed "person" within the meaning of this section. (d) The word "subsequent' means any and all occasions within a calendar year (January 1 —December 31) , when one or more police officers are dispatched to the scene of a party, gathering, or similar event from which loud and raucous noise originates at the same location. (e) The word "location" means the physical address, APN, parcel of land, and/or structures thereon regardless of the number of units on the property. (f) Any officer may issue an administrative citation to a person pursuant to this chapter and SAMC 1-21. Each administrative citation shall contain the following information: 11 A-4 TB 3.5.2019 (1) The name of the person charged with any violation of the Code. (2) The date(s) on which the person violated the Code. (3) The section(s) of the Code so violated. (4) The location where the violation occurred. (5) A notice that each violation of the Code also constitutes a nuisance and that nuisance abatement costs may be enforced as an assessment or lien against the real property and/or location where the Code violation occurred. (6) A statement indicating that any person receiving a notice of violation may file an appeal pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the citation. The absence of any of the above information in the Notice of Violation form shall not invalidate the City's process or issuance of the Notice of Violation. (g) The City shall have the authority to impose an administrative fine for violations of this Section following the issuance of an administrative citation as authorized in subdivision (f) above. The City is authorized to collect the amount of the fine specified below in addition to any other amount to which the City may be entitled under the law. The fines shall be in the following amounts and shall be due to the City within thirty (30) days of the date of the issuance of the citation as follows: (1) 1 st response: No fine (2) 2"d subsequent response: $100.00. (2) 3rd subsequent response: $250.00. (3) 4th subsequent response: $500.00. (4) 5th subsequent response: $750. (5) 6th subsequent response or thereafter: $1,000 (h) Collection of Unpaid Fines. At its discretion, the City may pursue any and all legal and equitable remedies to collect unpaid fines imposed pursuant to this Chapter. Pursuit of one remedy does not preclude the pursuit of any other remedy. It is intended that persons, maintaining, and/or permitting the violation, and not the taxpayers, bear the financial burden of the City's enforcement activity. (i) Cumulative Remedies. The remedies provided under this chapter are cumulative, and shall not restrict the City's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this Chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this Chapter be deemed to 11 A-5 TB 3.5.2019 conflict with any penalty or provision under State law, or prohibit any conduct authorized by the State or Federal constitutions. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of March, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: S 'a Canral , City Attorney 1 By: a, ara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX 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: Norma Mitre Acting Clerk of the Council City of Santa Ana 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: RECEIVE AND FILE RECYCLED WATER MASTER PLAN (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1A} CITY MANAGER RECOMMENDED ACTION Receive and file the Recycled Water Master Plan. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The City Water Enterprise provides potable drinking water for all of the City's residents and businesses, delivering an average of 30 million gallons a day. In order to accomplish this, the City owns and operates a water system that consists of 480 miles of pipe, 22 groundwater wells, 4 pressure control stations, 7 import water connections, 7 water booster stations, 8 reservoirs, and 45,000 service connections. The City supplies water to meet its demand from three sources. About 75% of the water supply comes from the local wells from the Lower Santa Ana River Groundwater Basin, also known as the Orange County Groundwater Basin. About 24% is imported surface water from the Colorado River and San Joaquin Delta purchased from the Metropolitan Water District, and approximately 1 % comes from recycled water sources. The City of Santa Ana receives recycled water from the Orange County Water District (OCWD) recycled water system called the Green Acres Project (GAP). GAP is a water reuse effort that provides recycled water for landscape irrigation at parks, schools, and golf courses; industrial uses, such as carpet dyeing; toilet flushing; and cooling for power generation. Currently, recycled water use in Santa Ana is limited, but includes the irrigation of some City parks, schools, street medians, green belts, and commercial -industrial uses. Only about 1% of the City's total water demand (350 acre-feet) is supplied by recycled water. Using recycled water directly supplants potable water use which, in turn, reduces the demand on the groundwater basin and preserves potable supplies for other uses. The existing recycled water distribution system exists in only a small portion of the City and is wholly owned and operated by OCWD. In order for the availability and use of recycled water to 19C-1 Recycled Water Master Plan April 2, 2019 Page 2 expand in the community, the City would need to build and operate its own recycled water system. There are many environmental and economic benefits of expanding recycled water use throughout the community, including a source of lower-cost water, saving local resources, and the ability to irrigate landscapes in times of drought. A recycled water master plan is utilized by municipalities and water agencies as a systematic means to identify and assess the best and most efficient means of developing a recycled water system that meets the demands and expectations of the community. The 2019 City of Santa Ana Recycled Water Master Plan (Plan) includes the development of a computerized hydraulic model, identification of recycled water demand in the community, identification of recycled water sources, and establishes an ordered list of capital improvement projects and costs. The Plan will serve as the basis of future decisions regarding the potential expansion of recycled water in the City, and assist the City in obtaining available grant funding for the identified projects. The Plan establishes a Capital Improvement Program schedule and budget for the proposed expansion of the system. The Plan provides focus to the areas of most immediate need and where benefits may be achieved, and includes required infrastructure assets necessary to deliver recycled water to new users. Highlights from the Plan include the following: • Establishes four phases of recycled water system expansion • Identifies a total of 448 potential recycled water customers consuming about 3,032 acre- feet of recycled water annually • Identifies an initial investment of $6.22 million to deliver an additional 1,185 acre-feet of recycled water annually to 141 potential users • Plans for expansion of the system to reach all major areas of the City • Uses a format consistent with requirements of regulatory and grant funding agencies. The City of Santa Ana Water Resources staff will utilize the Plan to pursue grant funding opportunities and prepare future operations and capital improvements schedules with corresponding budgets. Staff will coordinate the Plan's findings along with the current and future water rate studies to provide a more environmentally responsible water system for the Santa Ana community. The City Recycled Water Master Plan March 2019 is available on the City's website at: https://www.santa-ana.org/sites/defau It/files/pw/documents/_City-of-Santa-Ana- Recycled-Water-Master-Plan-March-2019. pdf STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy A (develop a complete inventory of all assets to determine the scope of improvements needed to sustain the City's current infrastructure investment). 19C-2 Recycled Water Master Plan April 2, 2019 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT is no fiscal impact associated with this action. ►7 Fuad Sweiss, PE, PLS Execu ive Director Public orks Agency FSS/NS/RR Exhibit: 1. 2019 Recycled Water Master Plan may be reviewed at: htti2s://www. sa nta-an a. org/pw/wate r-and-sewer/water- services/Santa Ana Recycled Water Master Plan March 2019 19C-3 19C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 11111111111111141 RECEIVE AND FILE PUBLIC WORKS AGENCY MONTHLY PROJECT STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR MARCH 2019 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Public Works Agency Project Status and Monthly Capital Improvement Program Executive Report for March 2019. DISCUSSION The March 2019 Project Status and Capital Improvement Program (CIP) Executive Summary (Exhibit 1) provides Public Works Agency activity in alignment with the City's Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. The CIP Executive Summary Schedule for all projects is available on the City's website at: https://www.santa-ana.org/sites/default/files/pw/documents/Executive-Monthly-CIP-Update-March-2019 pdf The following remarks are provided to note significant matters related to the Public Works Agency: Residential Street Repair Program (Fiscal Year 2017-18) The Residential Street Repair project will provide for replacement of damaged and deteriorated concrete sidewalks, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches, and localized concrete pavement at various locations throughout Madison Park and Heninger Park neighborhoods. Construction work will start in summer 2019. Bristol Street and Memory Lane Intersection Improvements The Bristol Street and Memory Lane Intersection Improvements Project would involve the widening of Bristol Street just north of Memory Lane to accommodate an additional through southbound lane. Additionally, the proposed improvements would include the construction of sidewalk, curb and gutter, pavement, signal modification, and curb ramps at all intersections, which meet pertinent requirements set forth under Americans with Disabilities Act (ADA) of 1990. Public Works Agency staff is finalizing the partial acquisition of three parcels. Construction contract documents are slated to be completed and released for Bid Advertisement in Fiscal Year 2019/2020. 19D-1 Monthly CIP Executive Report for March 2019 April 2, 2019 Page 2 Omnibus Concrete Repair Project / Non -Motorized The Omnibus concrete repair project will provide for replacement of damaged and deteriorated concrete sidewalks, curbs, gutters, cross gutters, wheelchair ramps, driveway approaches, and other concrete pavement at various locations throughout the city. The contractor started mobilizing and should complete this citywide effort by summer 2019. New Park at 6th & Lacv The project involves creation of a new neighborhood park on a .42 -acre vacant site. The enhancements include a playground, picnic area, skateboarding area, walkways, outdoor class area with shade structure, rock bioswale, water -wise landscaping, drip irrigation system, benches, picnic tables, bike racks, and a drinking fountain. The construction contract was awarded on March 51h and a pre -construction meeting has already taken place. Staff is preparing for construction to begin in April 2019. Non -Motorized, Citywide Concrete Sidewalk - Phase 2 Cabrillo Park Large roots from mature trees have consistently lifted the sidewalk along Cabrillo Park Drive from Fruit Street to 15th Street. The project includes some tree removals and the construction of new sidewalks. The project is near completion with the east side of Cabrillo Park from Fruit Street to 15th Street and will begin in April 2019 on construction for the west side improvements. Civic Center ADA Access Construction for the project is underway and expected to be completed by April 2019. Once completed, these improvements will provide accessibility to individuals with disabilities and enhance the visual appearance of the surrounding Civic Center area. Bear Street Traffic Signal Synchronization (Costa Mesa Lead) This project will provide new optimized signal timing and install traffic signal and intersection improvements along the entire corridor, totaling three (3) signals along a one (1) mile stretch. Fairview Street Traffic Signal Synchronization (Costa Mesa Lead): This Project will provide new optimized signal timing and install traffic signal and intersection improvements along the entire corridor, totaling fifteen (15) signals along a five (5) mile stretch. This project is currently in the design phase, reviewing plans and the proposed optimized timing of synchronization. Design is anticipated for completion in May 2019. Construction is tentatively scheduled to begin in July 2019. Westminster Avenue/Seventeenth Street Traffic Signal Synchronization (OCTA Lead): This project will provide new optimized signal timing and install traffic signal and intersection improvements along the entire corridor, totaling twenty-four (24) signals along a five and a half (5.5) mile stretch. Construction is ongoing for this project, with an anticipated completion date of April 2019. 19D-2 Monthly CIP Executive Report for March 2019 April 2, 2019 Page 3 STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT no fiscal impact associated with this item. N Fuad N Sweiss, PE, PLS Executi a Director Public Vkorks Agency Exhibit: 1. CIP — Executive Summary Schedule may be reviewed at: https://www.santa-ana.org/sites/default/files/pw/documents/Executive-Monthly-CIP-Update-March-2019 pdf 19D-3 19D-4 � 2� ]§ §k)tj Ma 9L*0 §$§ |§2 (/ §E ) § \ } 1 | | i m � _ g Y' � I ofjl! J —1 • • I i o � } K m W A � R u W i V ! ! R 09 g `a 11 �Jll l I t i 1—M o �sRt.s9 ass dd$ as s 8 a asssssgs� s M Nass 0$BQ„a-a»$---�$� Y F Eq o a° w .. E i{ S 1 u 4 `3 E z fff:um 303:x' c;°°.Fo corn ii M W ut�g"e2 2 9E€B Eedyam�8 °pC.�” _u'1 B sc&E9 4 o- E m€ w w E a N r u! 6-.4 . 19D-6 x s W I J W � J = M 9z i x�na�xtxltit, IIIc nx na.. aA N N � q I m W � o 0 .. _.. .L .. ... ._ __. _. 0 0 8 asa e$�s s�$$ se�saaas as a �' .P ,am F � _ �; '',�.Yn"mnTwn, nm n na a mu m..mun n,epa ..naN ' 8Q€ d E[ '�sE§Y69Erz:@fz<geE£�E e 1 ¢- A E Y Y E" 5 ^� s 3 a 3 z a3"W�33aa33.^�32E u 0211 19D-7 19D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: INCREASE PURCHASE ORDER AGGREGATE AMOUNT BY $15,800 WITH VCLOUD TECH, INC. FOR VMWARE MAINTENANCE SUPPORT RENEWAL (SPECIFICATION NO. 19-027) (STRATEGIC PLAN NO. 6,1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: a•'C• _o ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorization to increase aggregate amount with vCloud Tech, Inc. by $15,800 for an annual amount not to exceed $40,800, for a one-time payment of purchase order for VMWare maintenance support, subject to non -substantive changes approved by the City Manager and City Attorney. Funds have been accounted for in the Information Technology Data Center account. DISCUSSION The City Hall and Police Department data centers house approximately thirty (30) physical computer servers and more than two hundred eighty (280) virtual servers. These servers host a number of enterprise and department applications such as the financial management system, payroll system, utility billing system, business tax system, information technology service management system, content management system, the City website, and email system. These systems and services are critical to the operations of the City. In 2008, as part of the strategic plan, the Information Technology Department took advantage of virtualization technology which enables one physical server to run multiple virtual computer servers. This is accomplished by utilizing specialized software, through a company named VMWare, to simulate physical computers. The use of virtualization technology is an innovative strategy, and a best practice, that continues to reduce hardware cost, power consumption costs, and provide a more flexible and reliable computer hosting environment. Ongoing licensing and support by an authorized VMWare reseller is required in order to continue using this software, as well as to maintain the stringent service levels required for the data centers at City Hall and Police Department. VMware software support contract will provide manufacturer software maintenance and support services, on-call technical support, 24 hours per day / seven days a week telephone support, and software upgrades at no additional cost. 22A-1 Increase Purchase Order Aggregate Amount with vCloud Tech, Inc. April 2, 2019 Page 2 Informal quotes were solicited by Staff, as a result the lowest quote received was from vCloud, Tech Inc., who is a VMWare Value Added Reseller (VAR) and is an authorized reseller for VMWare Licensing and support. A purchase order not to exceed $15,800 is being requested to cover this expense. Prior purchases combined with this and therefore requires Council approval. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to & Infrastructure, Objective #1 (establish and assets). FISCAL IMPACT purchase order exceeds the $25,000 aggregate limit meet Strategic Plan Goal #6 — Community Facilities maintain a Community Investment Plan for all City Funds in the amount of $15,800 are available in the FY 18-19 Information Technology Data Center account (10920147-62306). P Jacc Ciulla Chi Technology Innovations Officer Information Technology Department SM APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Directory®k e¢^°^^ ��la" Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: INCREASE PURCHASE ORDER AGGREGATE AMOUNT BY $25,000 WITH HCI SYSTEMS, INC. FOR FIRE ALARM TESTING AND INSPECTION AT THE JAIL (SPECIFICATION NO. 19-020) (STRATEGIC PLAN NO. 1,5) CLERK OF COUNCIL USE ONLY: Id1»ZSIT/;qW ❑ As Recommended ❑ As Amended ❑ Ordinance on I't Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorization to increase aggregate amount with HCI Systems, Inc. by $25,000 for an annual amount not to exceed $50,000, for a one-time payment of purchase order for fire alarm testing and inspection at the Jail, subject to non -substantive changes approved by the City Manager and City Attorney. Funds have been accounted for in the Police Department's Building & Facility account. DISCUSSION The Santa Ana Police Department and Jail's five -level high rise facility contains a Fire and Life safety system. The system requires routine inspections and testing exercises to ensure optimum readiness since the facilities are a 24/7 operation and house detainees, in accordance with Orange County Fire Authority and NFPA standards. The inspections and testing exercises are conducted semi-annually. The equipment inspected consists of a fire pump, fire hydrants, fire connections points, post indicator valves (PIV), pull stations, tamper alarms, main alarm panels, smoke detectors, duct detectors, fire risers, fire hoses, fire sprinklers, fire phones, fire doors, audible and visual devices and water flows. Each visit is quite complex, typically involving five to six inspectors over a three- day period. Informal quotes were solicited by the Police Department and the lowest quote was selected as a reliable vendor. Each inspection is approximately $9,000 and performed twice a year, therefore $18,000 is needed to complete the purchase. It is also recommended that an additional $7,000 be available for deficiencies corrections that are needed as a result of the inspections and for emergency repairs. A purchase order for $25,000 with HCI is being requested to cover these expenses. Prior purchases combined with this purchase order exceeds the $25,000 aggregate limit and therefore requires Council approval. 22B-1 Increase Purchase Order Aggregate Amount with HCI Systems, Inc. April 2, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Goal # 1 — Community Safety, Objective # 5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $25,000 are available in the FY 18-19 Police Department's Building & Facility account (01114403-62300). auid--V-alentin Chief of Police Santa Ana Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: � R Ka tlhrynDCPA Executive Director ,axC2�) Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: APPROVE CONSTRUCTION CONTRACT AWARD IN THE AMOUNT OF $1,528,500 FOR SA -5 VAULT MODIFICATIONS PROJECT (PROJECT NO. 11-6413) {STRATEGIC PLAN NO. 6, 1C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO F►W�TifT- 4-11 1. Reject all bids received on November 6, 2018, for construction of the SA -5 Vault Modifications Project, due to changes in the scope of work. 2. Award a contract to T.E. Roberts, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,528,500, for construction of the SA -5 Vault Modifications Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,987,050, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $229,275. DISCUSSION The SA -5 vault is one of seven connections between the City and Metropolitan Water District (MWD). The connection safeguards access to MWD water and ensures reliability of drinking water for residents and businesses, especially should there be an emergency or if the water system is interrupted. To keep this important facility operational, City crews are required to routinely access the vault to maintain the valve and connection. The existing SA -5 vault is located under the northbound traffic lanes on Bristol Street, just north of Alton Avenue (Exhibit 1). Currently, the City crews must block a lane on Bristol Street. By relocating the vault, traffic impacts during routine maintenance will be minimized. The work will also allow the existing piping, valves, and equipment to be replaced, and it includes modernizing site electrical and instrumentation. A Notice Inviting Bids was advertised on February 8 and 9, 2019, and bids were opened on February 21, 2019. The following is a summary of the bid invitations made and the bids received: 23A-1 Award Contract to T.E. Roberts, Inc., for the SA -5 Vault Modifications Project April 2, 2019 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 5 Contractors requesting bidding documents 22 Bids received 4 Bids received from Santa Ana contractors 0 Outreach To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 5 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 T.E. Roberts, Inc. Orange $1,528,500 2 MMC, Inc. La Palma $1,654,500 3 Caliagua, Inc. Yorba Linda $1,755,493 A total of three bids were received and all were deemed responsive. T.E. Roberts, Inc., submitted the lowest responsive bid in the amount of $1,528,500 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to T.E. Roberts, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2017-118 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,987,050, which includes the construction contract, administration, inspection, testing, surveying, and an authorized contingency of $229,275. Current project funding in the amount of $840,980 is available for expenditure in Fiscal Year 2018-19 (Project No. 11-6413, 23A-2 Award Contract to T.E. Roberts, Inc., for the SA -5 Vault Modifications Project April 2, 2019 Page 3 Account No. 06617647-66301). The construction contract balance of $1,146,070 will be budgeted in the same project account in the Fiscal Year 2019-20 Capital Improvement Program. Fundina for the construction contract is summarized as follows: APPROVED AS TO FUNDS & ACCOUNTS: Fuad . eiss, PE, PLS Kathryn Do s, CPA SC tYbb Executive irector Executive Director Public Wo s Agency Finance and Management Services Agency Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 23A-3 Accounting Accounting Unit - Fiscal Unit -Account Account No. Year No. Fund Description Description Amount FY 18-19 06617647- Water Capital Acquisition Water Utility Capital $840,980 66301 & Construction Projects - Water FY 19-20 06617647- Water Capital Acquisition Water Utility Capital $1,146,070 66301 & Construction Projects - Water TOTAL CONSTRUCTION CONTRACT: $1,987,050 APPROVED AS TO FUNDS & ACCOUNTS: Fuad . eiss, PE, PLS Kathryn Do s, CPA SC tYbb Executive irector Executive Director Public Wo s Agency Finance and Management Services Agency Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 23A-3 23A-4 EM PROJECT L OCATIONI SANTA ANA PWAi Project No. 11-6413: SA -5 Vault Modifications Project PUBLIC WORKS AGENCY Exhibit 1 23A-5 23A-6 City o1 Santa Ana Page 1 SA -5 Vault Modiflcations (REBID) (11.6413), bidding on February 21, 2019 2:00 PM (Pacific) Primed 02120/2010 Santa Ana SA -5 Veult02212019,pdf EXHIBIT: Bid Results SA -5 Vault Mods Ownership Aflldavit02212019.pdf Bidder Details Vendor Name TE Roberts Inc. Public) - REQ Original Address 306 W. Katella Avenue Unit B Orange, CA 92867 Addition United States SA -5 Vault Mods Bid Band02212019.pdf Respondee Brian Wagner Respondeo Title Estimator Public) - REQ Original Phone 714.669.0072 Ext. Email estlmating@teroberts.com Vendor Type SBE Addition License # 603008 SA -5 Vault Mods Non Collusin Affidavlt02212019.pdf CA DIR Bid Detail (Notary Public) - REQ Bid Format Electronic Submitted February 21, 2019 1.50:10 PM (Pacific) Delivery Method Submittal in Addition Bid Responsive Bid Status Submitted Type Item Code Confirmation# 167816 Line Total Comment Ranking 0 Respondee Comment 1 Moblllzation/Demobillzation* Buyer Comment Attachments File Title File Name Pilo Type TER Bid docs Santa Ana SA -5 Veult02212019,pdf General Forma TER Ownership SA -5 Vault Mods Ownership Aflldavit02212019.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition TER Bid Bond SA -5 Vault Mods Bid Band02212019.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition TER NCA SA -5 Vault Mods Non Collusin Affidavlt02212019.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UQm Qty Unit Price Line Total Comment Base Bid Proposal 1 Moblllzation/Demobillzation* L3 1 $33,G00.00 $93,500.00 2 Sheeting, Shoring and Trench Protection LS 1 $22,300.00 $22,300.00 PlanotOlds, Inc. 23A-7 City of Santa Ana SA -5 Vault Modl0cations (REBID) (11.0413), bidding on February 21, 2019 2:00 PM (Paciflo) Bid Results Type Item Code UOM qty Unit Price 19 Final Striping LS 1 $10,000,00 20 Signing and Striping LS 1 $7,000.00 21 Traffic Control Page 3 Printed 02/26/2019 Line Total Comment $10,000.00 $7,000.00 LS 1 $22,500.00 $22,500.00 22 Grind end Cap SF 23500 $3.00 23 Remove and Replace Curb, Gutter, and Sidewalk LS 1 $28,000.00 24 As -Built $10,500.00 $28,000.00 LS 1 $20,000.00 $20,000.00 25 Imported Backflll Material" CY 200 $105,00 $21,000.00 20 Potholes** EA 15 $2,200.00 $33,000.00 27 Dewatering LS 1 $25,000.00 _ _ $25,000.00 26 Permits LS 1 $20,000.00 $20,000.00 29 Labor Agreement Oversight LS 1 $25,000.00 $25,000.00 Subtotal $1,528,500.00 Asterisk Notes (par P-3 of P-10 of Specifications) - NOT part of Total Bid Calculatlon 30 * = Mobili2atlon/Domablliaatlon bid Item Is limited to a maximum of 5% of the Total Bid ea 0 0 0 31 *" = The quantity for this bid Item Is shown for bid comparison only, This bid Item shall not be subject to the 25% limit as stated in Section 3.2 of the Speclflcatlons... as 0 0 0 ... _.. _ .Subtotal 0 Total $1,628,500.00 PlanetBids, Inc, 23A-8 MAYOR Mores X FU46o N'AYOR PRO TEPA ,Duan Wages GD1ANOWEMSERSS CedB a jvawi2.a David Perwwa RomanRoyna vacerde satmaento Josesoioan February 11, 2019 CITY OF SANTA ANA 220 S. Daisy Ave a (M1:-85) Santa Ana, C&omia 82703 714-847.3320 ur�.esanta�na�,ygog PUBLICWORKS AGENCY INTr RM CITY MANAGER Steven hbodoas G;TY ATTORNEY soma R. carmho ACTING CLERK OF THE COUNCIL Nona f'?4e-Ra1nhW C •i. #(RE-ADVERTISEMENM The fallowing changes/clarifications have been made to the §_PECIFICATIONS of the subject project; 1, PROPOSAL- REFERENCES, Page P-14 of P-16, First Parapraoh reads: The following are the names, addresses, and telephone numbers of the!H—EEE public agencies for which the BIDDER has performed water and sewer pipeline work within the past three years. Rviace with. The following are the names, addresses, and telephone numbers for the THREE public agencies for which the BIDDER has {performed the construction, modification, and repair of water vaults owned and or operated by Metropolitan Water District (MWD), and water and sewer pipeline work within the past five years. Total pages for Addendum One = 1 ALL OTHER TERMS AND CODITIONS REMAIN THE SAME, FOR THE CITY OF SANTA ANA Nabil Saba, P,E, Water Resources Mana,gar SANTA ANA CCM COUNCXL. vqm A FuB v€lx sa wtasbe s owd P`w*y bra 0 Rwy. toy. MWft Tcm .d1 YJarek VOW2 W&d3 WY A... W046 23A-9 10 7r.] CITY OF SANTA ANA PROPOSAL PROJECT NO,: 11.6413 5A-5 VAULT MODIFICATIONS AID PRQPOI AL TO; CITY COUNCIL OF THE CffY OF SANTA ANA FROM: 7. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Bid Items Unit Qty Unit Price Amount 1.* h,7obillzationl'17enarrblFdzatiot� LS 1 $`.,� � $.,_._..�y.e�p.^ 1 Sheeting, Shoring and 'french Protection�,t"rJ L 1 3 Construct Steel Water Main (SA -5 Pi ping) 1 �'— $ "( `5-00— Construct 16 -inch ductile 4, Iron Pipe Water Main LS 1 $ _ � f1 i� .� R t3 0 (South of 5A-5 Vault) Construct 16 -inch ductile 5. Iron Pipe Water Main LS 1 ()North of SA-5yault$ 6. Construct Connections to Existig12"/16"Mains EA 4 7. Construct New Fleur Cnntrot VauftanclAppurtenances LS 1 $ X23 rr --�----�-� $ Thi t13 0D.- � Cc�nstraact Modif'mtiailst0 8, the Existing SA -5 Meter is 1 Vault 9. Construct Electrical and Field Instrumentation L5 1 2 $ _ �� �u. 1t1. Furnish instrumentation and Programming LS 1 mW. $ le y c, - * 1 ut OO , 11. Construct4-Inch fire Service EA 1 $ r} $ r# P-1 OF P-16 23A-10 CITY OF SANTA ANA PROP05AL PROJECT Mil.. 11-5413 SA -5 VAULT MODIFICATIONS Iters Bid Item Unit Qty Unit Price Amount 12. Construct Concrete Anchor Block EA 13. Construct Burred 12" Gate Valve, CL 150 EA 14, Construct Buried W' Butterfly Valve, CL 150 ER 3 $� 47L� S__ 2` 00 15. 'Construct Buried 18" Butterfly Valve, Cl, 250 1k 1 S _ } G $ _ _ I' k 20L 1F. Construct A° Bottom Grain Blow -off Assembly 15 1 $ LZ� t—"" _ $� F �L 17. Abandon Existing 16" Main and Check Valve Vault Within Bristol Street LS 1 18. 19. Temporary Striping Finalstriping IS LS 1 1 $ +. D [ r6 - S til raoB. 20. 21, Signing and Striping. Traffic Control LS LS 1 $ 2.2_d SOD 22. Grind and Cap SF 23,W4 23, Remove a nd Re pl ace Cu rb, Gutter, and Sidevm lk — LS 1 24. As -Built LS 1 $20,000 $20,000 25.*" Imported Backfill Material' — CY20(1--I I L— Hagman 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS Item Old Item Unit Qty UnItPrice Amount 26." Potholes EA is 00$ y C3Ctf3 27. Dewatering L5 I $m ?�t�i>tI_ $ ?+s inti 28. Pe nits ES 1 $20,000 $20,000 29. LaborAileementOversight IS 1 $25,0()0 $25,000 TOTALBID $ The lovmst responsible bidder shall be selected based on the total base bid. The City reserves the right to river d the Base 8W, and arry, all, or rave of the add -alternate biditems (if a rry). Moiallization/DemoWiaation bid item Is lirnited to a maximurn of 5% of the Total Bid. The quantity fet this bud iter is shown forbid comparison only. This Lid item shall not be subject to the °25%0 lithit as stated in Section 3-2 of the Standard Speci Rcations. The actual amount for this item will be dictated by the actual quantity used, and the, Agency resen-es the right to increase at decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES Bidder SIgTature must be shown on same oae as total bid amount shown €,n table) The undersigned bidder hereby Proposes to complete the Work for the total base bid amount shown above, within one hundred fifty {TSCI) working days alter the commencement date stated in the Notice to Proceed. 10 — Working days for exploratory potholing and data gathering It 140— Working days for project construction The bidder also proposes to commenceconstruction of the Work within thirty (30) days after issuance of a Notice to Proceed, and to continue in a diluent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in Niers of the amount specified in Subsection 6-3 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Signature of BIDDER Title Pi`s's% {if an individual, so state} P-3 4F P-16 23A-12 `y • o CITY OF SANTA ANA PROPOSAL PROJECT NO.:11-6 413 SA -5 VAULT MODIFICATIONS BIDDER'S STATEMENT REBID BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the farm of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages dine to the delay and other causes suffered by .AGENCY because of the failure to furnish the necessary bonds and because itis distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be basedupon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid.. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct, Name of Firm Signature of BIE Title _ C r s1 en )if an individual, so state) (If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. if a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 OF P-16 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS CONTRA --TO R'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares sunder penalty of penury that he/she and all hiss/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following Is true and correct. Contractor's Name: _ T_ 2 � — b f ___.. Business. Address: Sao,$ . V Business E -Mail Address: 4 Db� r) r�tsl fi fs� s Telephone: State Contractor's license No, and Class: License ExpiratlonDate: {IyI State Dept. of Industrial Relations (DIR) Registration No.: ) Qt)0CI()f State Crept, of Industrial Relations (DIR) Registrat Signed. Em P_S OF P- 16 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.. 11.6413 SA -5 VAULT MODIFICATIONS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et serf., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws."), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "'maintenance' projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement, Contractor shall make copies of the prevailing rates of per them wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BIL Title rg SIde-ti (if an individual, so state) P - fa OF P- 16 23A-15 WEN CITY OF SANTA ANA PROPOSAL PROJECT NO.- 11-6413 SA -5 VAULT MODIFICATIONS LIST OF SUIS -CONTRACTORS Section 4:100 et. sec{. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceed€ng the following @mountt a Streets, highways Including bridge Projects: %% of the }rid or $10,000, whichever is greater a Buildings, Parks, or other Projects: Y,% of the hid Section 1725,5 of the Public Contract Code requires all Subcontractors he registered with the State Department of industrial Relations (DIR), BIDDER Proposes to subcontract certain Portions of the work to the firms lasted below; Name All ,'A.n Lshi i License #t/Exp. ?-to '714 1 _ L-ri-T DIR Reg. #/'Exp. If7Gt{).fxlt7" I lr.igA Location Stg Fihi2 2��(orpt€a i Phone Type Of Work (t rtr'1 rf. rti j r A r% Amount )t= t Name License #/Exp Ml!e- 7t'I DIR Reg. #i/Exp. inegcroyi—! PS (�P-34rd a License # q"t7 q`?,. Location Pts boy I Ir (Ail�j t' ai F Phone riD ti -l- i, le Type Of Workt�t1® t4_rt�t�nnr Amount $ i Sir!$. 0 0,* C dl Pa.,inCtc. Conerg r rkoo to Name akiLarl@1 (ail .4. (_ License #/Exp. "iq 7J s Q i DIR Reg. #/Exp. License # y t Location 2.r, 3d3tflfllL* a , Gd1 Phone 5I arYV I Type Of Work Ity�{r1+�r E�+�i uidr3� Amount $ ,Cmc Signature of Bidder -rima y ZobeH-s aim License 44/Exp. DIR Reg. #/Exp. Location Phone _ Type Of Work Amount $ Name License #JExp— DIR Reg.##/Exp. License Location Phone Type Of Work Amount $ Name License #/Exp. DDR Reg. #/Exp. License # Location Phone Type Of Work T Amount S P-9 OF 11-16 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS REFERENCES. The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed water and sewer pipeline work within the past three years. 1. 51-5111. v a R ✓ f Name and Address of Owner. a 14 Name and TelepAone Number of person familiar with, project. .t7_ std, AAW&,j Contract Amount Type of Worlk Skate Completed Name and Address of owner. Pit rrleA Ctlez"bna rirlrt trgr#-> � l4 Name and Telephone Number of person familiar with project., d fixe lad rpt' ?Altbnj WA haan ars li$ a -! I8 Contract Amount Type of Work Bate Completed Name and Address `of owner. Name and Telephone Number of person familiar with project.. 0A tAlf 6M0 4. - irv,' 2011 II'm iz=Ii DVall t+i4P sl 2 dr?Can ars Cool,* runs fybev, Contract Amount Type of Work 5CM to 7 A bate Completed { (vnr-m+ The fallowing are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. S fail Rrk n4jo ting ngri4i2n 9nnd, Dolma, beterr, L 714 qtf n3 ,-Br ) P -t fl OF P -i6 23A-17 CITY ;OF SANTA ANA PPOPOSAt. PROircl NO,: 11-6413 SA -5 VAULT NIOMFICAMMS KFERENCES --rt el& Thp fojlokqjr-'g at tt>E' narlve5, addressfm and telephone numt>er> for THREE p0lic agenbes for which BIDDER has performed water �and sewer pipelme work vJthm the past three heear5. Ii REBID Narnct and Aftess of Owner, 7ev -,iga-, Name ml Teicphw�e Number of perscn famMar wth project. ---.2 Tantr Xi Amount type of work Date Completed Name and Addre,5 of owner. 74W L,14AI —0,11 , 4or c-Jl Name and TelephonL Numbeofpers-- familiarw0proiect, kazo ctx) - L -Z& ',tract Amottm Type of Work, Name and Address of owner, Date Completed Nme anti relephone Number of person familiar with project, Contract Amount Type of Work Date cotnPleted The foliowine, are the r)arnes, addresses, and telephone numbers of 811 brokers arid sttiches ffum whOM DO)DER InteTWs to procure insurance and bonds. lle W () I- I,-!(; CITY OF SANTA ANA PROPOSAL PROJECT NO,: 11-6413 SA -5 VAULT MODIFICATIONS REFERENCES n 6 � -� ( 11, 1 The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed water and sewer pipeline work within the past three years. 1. City of Compton, 205 S Willowbrook Ave, C om}>ton, CA 90220 Name and Address of Owner. Justin Duchaineau, (310)329-8717 Name and Telephone Number of person familiar with project. S 307,005.OD Manhole Rehabilitation & Lining 2017 Contract Amount Type of Work [late Completed 2. City of Morgan Bill, 17575 Peak Avenue, iIMorgan Bili, CA Name and Address of owner, Lynette Rolairo Kong, P.F., (408) 310-4714 Name and Telephone Number of person familiar with project. 194,500 Manhole Rehabilitation lk Lining 2018 Contract Amount Type of Work pate Completed 3• City-raf Reno, 1 ! . First Street, Reno, NV 89505 Name and Address of owner. arae and Telephone Number of person familiar with project. 384,044.00 Manhole Rchabilitatim)&-_Lining 2017 Contract Amount Type of Work Data Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whore BIDDER intends to procure Insurance and bonds. Bowermaster & Associates, 10805 Holder St, Ste 350, CyPreis CA 94630 P-10 OF P-16 23A-19 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS NCDWDISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion„ sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding„ a notice to be provided advising the said labor unionor workers' representatives of the Contractors commitments under this section, and shall past copies of the notice* in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the secretary of tabor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, In the event of the Contractor's non-compliance with, the nondiscrimination clauses of this contract or with any of the said rules, regulations, or carders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared Ineligible for further Government contracts or federally assisted constructions contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be Imposed and remedies invoked as provided in Executive Order P-12 OF P-16 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS 11246 of .September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 1124E of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, Including sanctions for noncompliance; provided, however, that in the event the Contractor becomes Involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the united States. Lf, Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, :and as amended, no discrimination shall be shade in the employment of persons upon public works because of race, religious creed,, color, national origin, antes", physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties Imposed ', for a violation of the ter. Signed: Title. _ �r`�,��t�-✓wrak Firm: '1 E ?.oar E 11-13 OF P -Iia 23A-21 -_i r CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5 VAULT MODIFICATIONS STATEMENT REGARDING APPRENTICESHIP RE9UIItFMEhtTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the state Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1, Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 7. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shat aVe3mount to the California Apprenticeship Council. Signed: -f s Title: Pr491 t r k Firm: -r. E, )z2btrt5 1g°`t`C _ Date..``Z. J P-14 OF P -IG 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6413 SA -5, VAULT MODIFICATIONS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (19 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he) she 1 _ therwlse entitled Signed: Title: preslAcot Firm: . . h!tY` t , Inc.. r,. P -I S Of P-16 23A-23 e CITY OF SANTA ANA PROPOSAL PROJECT NO.. '11.6413 SA -5 VAULT MODIFICATIONS PUBLIC CONTRACT CODE SECTION 10152 C2U ESTICINNAPRE In conformance with Public Contract ode Section 10162, the BIDDER shall complete, under' Penalty of perjury, the following questionnaire: Has the BIDDER„ any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest In the BIDDER, ever been disqualified, removed, or otherwise prevented from binding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space, P-16 OF f' -f 6 23A-24 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 11-6413 SA -5 VAULT MODIFICATIONS This CONSTRUCTION CONTRACT is made and entered into this 2"d day of April, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and T.E. Roberts, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the SA -5 Vault Modifications Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Five Hundred Twenty -Eight Thousand Five Hundred Dollars and No Cents ($1,528,500.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23A-25 Page 1 of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: litip://www.saiita-aiia.org/pwa/docinnetits/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Himdred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A-26 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: r(Q/W lam. I J' HN FUNK. Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: T.E. Roberts, Inc. NAME: TITLE: 23A-27 Page 3 of 3 23A-28 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 11-6413: SA -5 VAULT MODIFCATIONS PROJECT Construction Contract $ 1,528,500.00 Contract Administration $ 114,275.00 Inspection and Testing $ 115,000.00 Contingencies $ 229,275.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,987,050.00 EXHIBIT 4 23A-29 23A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: APPROVE LEGAL SERVICES AGREEMENT WITH TALLEY & TALLEY, APC, IN AN AMOUNT NOT TO EXCEED $250,000 (STRATEGIC PLAN NO. 1,3,4,5) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 0111111WHIM95 _--M: Authorize the City Manager and Clerk of the Council to execute a legal services agreement with the law firm of Talley & Talley, APC ("Attorneys") related to the provision of administrative and litigation expertise concerning general liability, personnel and police matters. The term of the agreement shall commence on July 1, 2019 and continue for a one-year term through June 30, 2020, in an amount not to exceed $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The City Attorney's Office ("CAO") handles and manages a variety of transactional and litigation matters, several requiring special expertise for a limited or extended duration of time depending on the project or litigation. In the fall of 2018, the City engaged the law firm of Talley & Talley, APC, to provide such expertise and the relationship has been positive, resulting in efficiencies handling litigation matters collaboratively with in-house staff. The Talley agreement was funded with money from the budgeted, but unfilled, position of Chief Assistant City Attorney. The agreement provided for a monthly retainer. The CAO now seeks to continue the agreement with Talley, but proposes to do so on an hourly basis, rather than the monthly retainer, to assist and supplement in-house services for the City, on an as needed basis Approval of this item supports the City's efforts to meet Goal No. 1 Community Safety, Goal No. 3 Economic Development, Goal No. 4. Government Financial Stability, and Goal No. 5 Community Health, Livability, Engagement and Sustainability. 25A-1 Legal Services Agreements — Talley & Talley, APC April 2, 2019 Page 2 FISCAL IMPACT Funds in the amount of $250,000 will be budgeted and made available in the FY 2019-20 City Attorney's Professional Services Account Fund (Account No. 01108032-62300). Sonia R. Carvalho City Attorney City Attorney' Office Steven Pham1 I Executive Dirkor Human Resources Department APPROVED AS TO FUNDS AND ACCOUNTS: L'ov�Kathryn Downs, CPA Executive Director 9, - Finance , -Finance and Management Services Agency Exhibit: 1. Legal Services Agreement for Talley & Talley, APC 25A-2 Exhibit 1 LEGAL SERVICES AGREEMENT WITH TALLEY & TALLEY LAW, APC This AGREEMENT, made and entered into on this 2nd day of April, 2019, by and between Talley & Talley Law, APC ("Attorneys"), 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. The City of Santa Ana and the City Attorney's Office City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of legal services to the City, including but not limited to, collaborating on a day-to-day basis with the City Attorney and executive staff, ensure legal issues are addressed in a thorough and timely manner, manner, and to defend the City, its employees and its officials. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning general liability, personnel and police matters, and desire to undertake said services. 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. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney Talley to collaborate on a day-to-day basis with the City Attorney and executive staff, regarding litigation filed against the City, for general advice and legal review on a case-by-case basis when urgent matters arise, ensure legal issues are addressed in a thorough and timely manner, and to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services will be billed at a rate of $295 per hour. b. The total sum to be expended under this Agreement shall not exceed $250,000. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. 25A-3 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by Attorneys shall not constitute written demand, but shall simply be a written reflection of work performed and fees incurred. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for simimary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports: a. 45 day initial evaluation of case and budget; and b. Pre-trial report 90 days before trial 6. TERM The term of this Agreement shall commence on July 1, 2019 and terminate on June 30, 2020, unless terminated earlier pursuant to Section 15 below. 7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 8. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $500,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, 25A-4 restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. 10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys` retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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, California 92702-1988 Facsimile (714) 647-6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647-6515 3 25A-5 To Attorneys: Cristina Talley, Esq Talley & Talley Law, APC 23461 South Pointe Drive, Suite 215 Laguna Hills, CA 92653 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys or the City. Each parry 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 parties, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City. 15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of temunation. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions. 16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as 4 25A-6 defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. MISCELLANEOUS PROVISIONS 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. 19. COUNTERPARTS: SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement. 20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys' opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter. [signature page to follow] 5 25A-7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Norma Mitre Acting Cleric of the Council RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney's Office CITY OF SANTA ANA Steven Mendoza Acting City Manager TALLEY & TALLEY LAW, APC Cristina Talley, Esq. Partner 25A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 2, 2019 TITLE: REVIEW AND ADOPT THE 2019 STATE AND FEDERAL LEGISLATIVE PLATFORM AND RECEIVE AND FILE THE 2018 SCORECARD (STRATEGIC PLAN NOS. 1, THROUGH 7) -=25�,NL- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •t• 7P ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review and adopt the 2019 State and Federal Legislative Platform; and 2. Receive and file the 2018 State and Federal Legislative Scorecard DISCUSSION Legislative Platform The Legislative Platform (Exhibit 1) is a tool to protect and promote the City's interests on priority programs and projects, legislative proposals, and regulatory matters that may impact the City. The Legislative Platform includes guiding principles and policy statements that allow City staff and legislative advocates to address legislative and regulatory issues by providing a framework that summarizes the City's position on policy issues and priorities, without precluding the consideration of additional legislative and budget issues that may arise during the year. The development of the 2019 State and Federal Legislative Platform included meetings with each department to compile departmental goals that may be supplemented by legislation for the 2019 calendar year. The 2019 State and Federal Legislative Platform proposes the new year's guiding principles that focus legislative advocacy efforts on: 1) preserving local control; 2) promoting fiscal stability; 3) supporting funding opportunities; and 4) maximizing regional collaboration and cooperation. State lobbyist Townsend Public Affairs, Inc. and Federal lobbyist Holland & Knight, LLP provided recommendations in collaboration with Executive Management staff to set City priorities in the 2019 Legislative Platform, which include, but are not limited to: Affordable Housing, Cannabis, Homelessness and Economic Development, Housing Densities, Opportunity Zone Designation, Park Bonds, Park Development, Recycled WaterMater Tax, and SB 2 Funding. 65A-1 2019 Federal and State Legislative Platform and 2018 Scorecard April 2, 2019 Page 2 Legislative Scorecard The 2018 State and Federal Legislative Scorecard (Exhibit 2) summarizes many accomplishments and the progress achieved throughout the 2018 calendar year. Each department outlined the completion of projects, grant funds acquired, and/or development attained. Further, our state and federal lobbyists provided updates on pertinent legislation that occurred in 2018, as it relates to the Legislative Scorecard. Recognizing the need to actively engage in legislative advocacy, the Legislative Scorecard helps strengthen the City's ability to articulate, influence, and monitor its progress on these and other priority policy issues. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet all seven goals and objectives of the strategic plan which include: 1) Community Safety; 2) Youth, Education, Recreation; 3) Economic Development; 4) City Financial Stability; 5) Community Health, Livability, Engagement and Sustainability; 6) Community Facilities and Infrastructure; and 7) Team Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this action Exhibits: 1. Legislative Platform 2019 2. Legislative Scorecard 2018 65A-2 t .q t0[ CITY OF S. 20.19 State and:Feder eder Legislative Pc[ 0rrn 1 got, EXHIBIT 1 City of Santa Ana Legislative Platform 2019 i x tt -4 t .q t0[ CITY OF S. 20.19 State and:Feder eder Legislative Pc[ 0rrn 1 got, EXHIBIT 1 City of Santa Ana Legislative Platform 2019 SANTA ANA e' CITY COUNCIL Santa Ana is the lith largest city in the State of California and the 4th most -dense city in the United States. As a diverse community, the city is dedicated to maximizing resources and improving the quality of life for everyone. The City Council adopts an annual Legislative Platform to streamline the ability to take a position on legislation that may impact the city. The Santa Ana City Council is comprised of seven members consisting of the Mayor and six Councilmembers. Councilmembers are nominated from one of six geographic wards in the city and elected at - large. Each City Councilmember serves a four-year term and is limited to three consecutive terms. The Mayor is elected at -large and has term limits of no more than four (4) two-year terms. Mayor Pro Tem is nominated and elected from amongst the seated Council. From left to right: David Penaloza (Ward 2), Vicente Sarmiento (Ward 1), Mayor Miguel Pulido, Mayor Pro Tem Juan Villegas (Ward 5), Cecilia Iglesias (Ward 6), and Jose Solorio (Ward 3). TABLE OF CONTENTS Guidelines------------------ ---- 4 Legislative Positions------------ 5 Guiding Principles-------------- 6 Legislative Priorities------- ---- 7 Pit%r Unnnrfor c (lfion ------- __-- Q Services Agency ----------------- Human -----=-- -=----Human Resources Department-- ------------------ 11 Information and Technology Department---------------------- 12 Parks, Recreation and Community Services Agency-- 12 Planning and Building Agency---------------------------- 13 Police Department--------------- 13 Public Works Agency----------- 14 Joint -Department Initiatives-.- 15 Guidelines for Legislative Positions The Legislative Platform provides a streamlined process through which the City Council, City Manager, City staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Legislative Platform is adopted annually and serves as an opportunity to identify specific priority areas of interest for the city and the region, that benefit the community. The Legislative Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and City staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the city's legislative advocates. Once state and federal legislation is identified, staff will compose letters outlining the city's position. These letters will include one of the following positions: support, support if amended, oppose, oppose unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform will be reviewed, approved and signed by the Mayor, Mayor Pro Tem, or City Manager. In addition, legislative positions that are deemed time -sensitive and are consistent with the Legislative Platform may be signed and approved by the City Manager. Once approved, the position letter will be sent to the bill's author, the City's legislative advocate, and other stakeholders as deemed appropriate by staff, and a copy of the letter(s) will be distributed to the City Council. Legislation that is inconsistent with or silent in the City's Legislative Platform may be placed on an agenda for consideration by the City Council. The City Manager may also provide a letter of concern or interest without taking a formal position on a piece of legislation, upon concurrence of the Legislative Affairs, Ethics, Transparency, and Communications Council Committee for the City of Santa Ana. 65A-6 City of Santa Ana Legislative Platform 2019 4 LEGISLATIVE POSITIONS Support — A support position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is in favor of the legislation in question. A support position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Support if Amended — A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is in favor of the legislation in question, if the requested changes are adopted. A support if amended position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Neutral — A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is impartial on the legislation in question and does not wish to take a position. Oppose — An oppose position indicates to the corresponding legislature, regulatory agency, and other stakeholders that the City of Santa Ana is against the legislation in question. An oppose position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Oppose Unless Amended — An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is against the legislation in question, unless the requested changes are adopted. An oppose unless amended position may include the following resources: position letters, councilmember testimony to committees, and meetings/phone calls with members of the legislature and/or regulatory agency. Watch — A watch position indicates to the corresponding legislature, regulatory agencies, and other stakeholders, that the City of Santa Ana is dedicating resources to monitor the legislation in question. 65A-7 City of Santa Ana Legislative Platform 2oig 5 GUIDING PRINCIPLES I. PRESERVE LOCAL CONTROL Preserve and protect the city's charter powers, duties, and prerogatives to enact legislation and policy direction concerning local affairs and to oppose legislation that preempts local authority. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the city to compete for its fair share of regional, state, and federal funding. Opportunities include competitive grants and dedicated funding streams at the regional, state, and federal levels that allow the city to maximize local revenues, offset and leverage capital expenditures, and maintain city goals and standards. Ih PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the city's revenue base and local control over local government budgeting. Oppose measures that shift local control and funds to the; county;' state, or federal governments without offsetting benefits. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the city's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional govern nent agencies / organizations, and local, state, and federal elected representatives. LEGISLATIVE PRIORITIES 2019 I HOMELESSNESS HOMEOWNERSHIP ECONOMIC DEVELOPMENT TOOLS INNOVATION DIGITAL DIVIDE ORGANIZATIONAL CYBER SECURITY Ell IN DEPARTMENT INITIATIVES City Manager's Office The City Manager's Office oversees the implementation of all City Council's policy decisions and direction, while providing leadership and guidance to department heads and other city staff, as well as developing action plans and programs to support the city's mission, values, and priorities that serve our great community. INITIATIVE SUMMARY STATE/FEDERAL ty Ci Wide Develop a strategic plan that engages State/Federal Strategic Plan state and federal funding and initiatives. Ensure Accurate Support federal legislation that Federal Census 2020 provides the necessary resources required to achieve a fair and accurate census, especially among hard -to -count j Clerk of -the Council State/Federal The Clerk of the Council Office is responsible for the care of official records and documents of the city such as agendas, minutes, resolutions, ordinances, and for providing and maintaining legal and historical records and information. INITIATIVE SUMMARY STATE/FEDERAL Increase City Seek grants to extend transparency i I State/Federal Transparency features and improve services. 65A-10 City of Santa Ana Legislative Platform 2019 populations. Immigrant Support state and federal legislation Rights that recognizes liberty, equal rights, pathway to citizenship, and due process for all individuals, regardless of immigration status. Secure Funding 1 Collaborate with the Office of the For Local Governor to secure funds for local Infrastructure I infrastructure projects, economic Projects development, and public/green space. Clerk of -the Council State/Federal The Clerk of the Council Office is responsible for the care of official records and documents of the city such as agendas, minutes, resolutions, ordinances, and for providing and maintaining legal and historical records and information. INITIATIVE SUMMARY STATE/FEDERAL Increase City Seek grants to extend transparency i I State/Federal Transparency features and improve services. 65A-10 City of Santa Ana Legislative Platform 2019 Community Development Agency The Community Development Agency is responsible for providing services in the area of economic development, job training, affordable housing, and downtown development. The agency plans, develops, and administers programs to accomplish the public policy goals of the Santa Ana City Council, Santa Ana Housing Authority, and Workforce Investment Board. INITIATIVE SUMMARYSTATE/FEDERAL Business and Collaborate with the Governor's Office State Economic of Business and Economic 1 Development 'Development on initiatives that provide financial assistance to businesses looking to locate or expand in Santa Ana. Foster Support investment of the Recycling State Development of Market Development Zone Program Green Businesses that creates jobs, reduces greenhouse gas emissions, and diverts waste from landfills through the city's designation and participation in the Orange County Recycling Market Development Zone. Homelessness Support legislation that provides State/Federal financial or policy support to local governments that work to address issues surrounding homelessness. Affordable Support legislation that provides State/Federal Housing financial support for affordable housing. Oppose legislation that seeks to limit local control over affordable housing decisions. Housing First Support legislation that expands Federal Program funding for the Housing First Model to provide permanent housing for ,'individuals that are homeless. Housing Choice Support passing of FY 2oi8 Federal Program Access appropriations bill with full funding for the Housing Choice Voucher Program and the program's administrative fees. !, 65A-11 City of Santa Ana Legislative Platform 2019 HOME Seek to protect the HOME Investment Investment Partnerships Program from funding Partnership cuts, which help expand affordable Program housing, increase jobs, and provide public services. Tax Credits Work alongside NAHRO and the ACTION campaign to establish a permanent four (4) percent credit rate for allocated acquisition credits and to raise the annual housing credit allocation to states. Support legislation to expand and improve the affordable housing credit program. WIOA Funding Support and advocate for funding of the Workforce Innovation and Opportunity Act (WIOA), which enables the city to continue to invest in workforce education, training, and job search assistance. Apprenticeship Support legislation that provides Training apprenticeships, skills training, and other workforce development opportunities. Federal Federal Federal State/Federal Skills Gap Support legislation that promotes State/Federal industry training and employment opportunities for job seekers to assist in achieving a livable wage. CDBG Funds Collaborate with federal Federal representatives to preserve CDBG funding for Santa Ana to ensure the development of Capital Park Projects, social service programs, and parks/recreation programs. 65A-12 City of Santa Ana Legislative Platform 2019 10 Finance and Management Services Agency The Finance and Management Services Agency manages and controls the city's financial operations at the highest level of efficiency, through effective staffing and management. The agency safeguards public funds through proper internal controls, expenditures, and service operations. In addition, support services are provided for all city agencies and residents. INITIATIVE SUMMARY - STATE/FEDERAL; Pensions Support legislation to assist local State/Federal governments in addressing pension liability issues. Human Resources Department The Human Resources Department recruits and develops a talented workforce, ensuring a safe and healthy work environment. Delivering highly responsive professional expertise and services, the department uses innovative and transparent approaches with professional integrity. INITIATIVE SUMMARY Employee Health Support legislation that maintains healthcare rates at an affordable Employee Safety Pension Reform and/or market rate value to provide employees with beneficial health coverage. STATE/FEDERAL State/Federal Support and advocate for legislation State/Federal that promotes the safety of employees. Support legislation that preserves local authority in designing retirement formulas for employees. State/Federal 65A-13 City of Santa Ana Legislative Platform 2019 11 Information Technology Department The Information Technology Department provides innovative, quality, sustainable, and secure technology solutions, services, and infrastructure that are fiscally responsible and empower city departments to deliver quality services. INITIATIVE SUMMARY STATE/FEDERAL Cyber Security Support state and federal legislation State/Federal Explore and apply for the national that promotes the implementation of a Wellness centralized cyber security management system. Self -Service Support legislation and grant programs State/Federal Portal that foster the development of self- State/Federal service software. Parks, Recreation and Community Services Agency The Parks, Recreation and Community Services Agency is responsible for delivering a variety of services to the community, including recreation programs, parks, libraries, and the operation of the Santa Ana Zoo. INITIATIVE SUMMARY STATE/FEDERAL Health and Explore and apply for the national Federal Wellness fitness campaign grant to build fitness areas in our parks. Library Explore grants and other funding State/Federal Development sources to enhance current libraries and establish an E -Library presence. Park Collaborate with state representatives State Development to increase funding for parks within the city. Identify projects that qualify for Proposition 68 funding and apply to grants that will fund city projects. Science Support legislation and grant programs State Education that fund education programs on climate -change, eco -systems, and zoology. 65A-14 - City of Santa Ana Legislative Platform 2019 12 Planning and Building Agency The Planning and Building Agency's objective is to provide a safe, attractive, and business -friendly community through the implementation of state and local construction codes, as well as planning and regulating future land uses. INITIATIVE SUMMARY ; Medical and Support legislation and regulatory Recreational 'actions that maintain local control, Cannabis Prevent Deferred Maintenance consider health and safety requirements, provide for community education opportunities, and increase assistance and funding to municipalities that have adopted ordinances related to cannabis. Advocate for legislation that supports technological advancement for cities to ensure timely and thorough building and code enforcement inspections that can help alleviate deferred maintenance. Sustainable Advocate for state and federal funding Development for planning, outreach, and education to support sustainable development. Police Department STATE/FEDERAL State/Federal State/Federal State/Federal The Santa Ana Police Department delivers public safety services to the community with the utmost professionalism and integrity. The department's values act as the guideline for the discretionary use of police powers and are the basis by which employee actions are evaluated. INITIATIVE SUMMARY Cannabis Oppose the Department of Justice's Regulation decision to rescind the Cole Memo and increase federal prosecution of legalized marijuana use. STATE/FEDERAL Federal 65A-15 City of Santa Ana Legislative Platform 2019 13 Body Camera Program Enhance Public Trust Police Career Continue support and advocacy for legislation that helps the city acquire funding for a one-to-one ratio for body cameras and body camera memory storage. State/Federal Support state and federal legislation State/Federal that increases funding for initiatives that promote public trust and law enforcement community engagement strategies. Support legislation that increases State/Federal Pathway funding for cities to promote programming that encourages local youth to pursue a career with their local police department. Police Officer Support legislation that increases State Ratio funding for cities to increase the police officer to community ratio. The Public Works Agency is responsible for building and maintaining all public streets, storm drains, sewers, and water facilities, in addition to the coordination of the collection and recycling of refuse, and graffiti removal. The agency ensures that the community enjoys high quality drinking water and is able to travel around the city efficiently. INITIATIVE SUMMARY Reduction of Explore state and federal grant Traffic Fatalities programs that can help reduce traffic fatalities. Non -Motorized Transportation SMSA Program Support legislation and grant programs that increase funding for cities that promote the reduction of greenhouse gases through the development of alternative methods of transportation. Advocate for funding to complete the Safe Mobility Program in Santa Ana. State/Federal State/Federal State/Federal 65A-16 City of Santa Ana Legislative Platform 2019 14 Carpool Support legislation and grant programs State/Federal Initiatives that fund carpooling options such as buses, trains, and street cars. Storm Drainage Support legislation that helps facilitate State/Federal Funding the financing of storm water and flood control projects. Joint -Department Initiatives INITIATIVE SUMMARY Control of City j Support legislation that maintains local Assets control over municipal assets in the deployment of next generation technological infrastructure. Digital Divide Support and advocate for legislation that addresses closing the digital divide gap in cities. Expand j Support and advocate for legislation Consumer that assists with the development of a Options for fiber optics program. Internet Access 1 Engagement and 1 Support legislation that provides City Access funding for obtaining software for a land management system that will 1, increase public engagement. Pedestrian & Advocate for legislation that increases Bicycle Safety funding for safe pedestrian and bicycle activities, enforcement of traffic safety, and infrastructure improvements. City Manager's Office and Information Technology Department Public Works Agency and Information Technology Department Public Works Agency and Information Technology Department Planning and Building Agency and Information Technology Department Public Works Agency and Police Department STATE/FEDERAL State/Federal State/Federal State/Federal State/Federal State/Federal 65A-17 City of Santa Ana Legislative Platform 2019 15 Reduction of Explore state and federal grant Traffic Fatalities ',' programs that can help reduce traffic fatalities. Transition to Explore state and federal grant Smart City programs that can help Santa Ana transition into a Smart City. Youth Prevention Programs Support legislation and grant programs that have the potential to reduce criminal involvement and provide intervention programs. Public Works Agency State/Federal and Police Department Public Works Agency State/Federal and Information Technology Department Parks, Recreation and Community Services Agency and Police Department State/Federal 65A-18 City of Santa Ana Legislative Platform 2019 16 CITY OF SANTA ANA 2018 STATE & FEDERAL LEGISLATIVE PLATFORM #tak TABLE OF CONTENTS GUIDELINES FOR LEGISLATIVE POSITIONS.................................................................................................5 LEGISLATIVE POSITIONS TO CONSIDER......................................................................................................6 GUIDINGPRINCIPLES................................................................................................................................7 2018 LEGISLATIVE PRIORITIES...................................................................................................................8 1. COMMUNITY SAFETY............................................................................................................................9 PoliceOfficer Ratio......................................................................................................................................9 BodyCamera Program................................................................................................................................9 EnhancePublic Trust...................................................................................................................................9 PoliceCareer Pathway.................................................................................................................................9 2. COMMUNITY AND ECONOMIC DEVELOPMENT......................................................................................10 ECONOMICDEVELOPMENT............................................................................................................................10 Medical and Recreational Cannabis............................................................................................................10 Business and Economic Development........................................................................................................11 Useof Bond Proceeds.................................................................................................................................11 Foster Development of Green Businesses..................................................................................................11 Tax -Exempt Municipal Bonds......................................................................................................................12 SustainableDevelopment...........................................................................................................................12 HOUSINGDEVELOPMENT..............................................................................................................................13 Homelessness..............................................................................................................................................13 AffordableHousing.....................................................................................................................................14 HousingFirst Program.................................................................................................................................14 Housing Choice Program Access.................................................................................................................14 HOME Investment Partnership Program....................................................................................................14 TaxCredits ..... r ......... ........ ........: ......... .........................._ ....:.... ............15 WORKFORCEDEVELOPMENT.........................................................................................................................15 WICA Funding.............................................................................................................................................15 ApprenticeshipTraining..........................................................................................................................................15 SkillsGap....................................................................................................................................................................16 3. COMMUNITY HEALTH, LIVABILITY AND SUSTAINABILITY...................................................................................16 TECHNOLOGICALENHANCEMENTS............................................................................................................................16 Controlof City Assets.................................................................................................................................................16 65A-20 City of Santa Ana Legislative Scorecard 2018 2 DigitalDivide................................................................................................................................................................16 Expand Consumer Options for Internet Access.......................................................................................................17 Transitionto Smart City..............................................................................................................................................17 SAFE MOBILITY SANTA ANA(SMSA) ........................................................................................................................18 Pedestrian& Bicycle Safety.............................................................................................................................18 Reduction of Traffic Fatalities.........................................................................................................................18 Non -Motorized Transportation.......................................................................................................................18 SMSAProgram.................................................................................................................................................18 CarpoolInitiatives...........................................................................................................................................19 PARKS AND RECREATION PROGRAMS...........................................................................................................19 CDBGFunds.....................................................................................................................................................19 ParkBonds.......................................................................................................................................................19 ParkDevelopment...........................................................................................................................................19 ScienceEducation...........................................................................................................................................20 LibraryDevelopment.......................................................................................................................................21 Youth Prevention Programs............................................................................................................................21 SANCTUARYCITY............................................................................................................................................21 ImmigrantRights.............................................................................................................................................21 ImmigrationReform........................................................................................................................................21 Naturalization Ceremonies..............................................................................................................................21 4. COMMUNICATION AND ENGAGEMENT.................................................................................................................... 22 Voter Education and Engagement..............................................................................................................................22 NationalVoter Information.........................................................................................................................................22 OpenData..................................................................................................................................................... 22 Ensure Accurate Census 2020.........................................................................................................................22 S. TEAM SANTA ANA........................................................................................................................................................23 CyberSecurity.................................................................................................................................................23 EmployeeHealth.............................................................................................................................................23 EmployeeSafety................................................................................................................................................23 PensionReform.................................................................................................................................................23 65A-21 City of Santa Ana Legislative Scorecard 2018 3 City of Santa Ana Guidelines for Legislative Positions The Legislative Platform (Platform) is intended to provide a streamlined process through which the City Council, City Manager, staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Platform also provides an opportunity to identify specific priority areas of interest for the city and region that would benefit the community. The Platform is adopted annually at the beginning of the legislative year. The Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City's legislative advocates. State and federal legislation that is identified to be consistent with the Platform will allow staff to circulate a letter outlining the city's position, which will include one of the following positions: support, support if amended, neutral, or watch. Legislation inconsistent with the Platform shall include one of the following positions: opposed, opposed unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform will be reviewed, approved and signed by the Mayor, Mayor Pro Tem, or City Manager. In addition, legislative positions that are deemed time -sensitive and are consistent with the Legislative Platform may be signed and approved by the City Manager. Once approved, the position letter will be sent to the bill's author, the city's legislative advocate, and other stakeholders as deemed appropriate by staff. A copy of the letter(s) will be distributed to the City Council. Legislation that is inconsistent or silent in the City's Platform may be placed on an agenda for consideration by the City Council. The City Manager may also provide a letter of concern or interest without taking a formal position on a piece of legislation, upon concurrence for Legislative Affairs, Ethics Transparency, and Communication Council Committee for the City of Santa Ana. 65A-22 City of Santa Ana Legislative Scorecard 2018 4 LEGISLATIVE POSITIONS TO CONSIDER Support - A support position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana is supportive. A support position may include the following resources: position letters, councilmember testimony to committees, and meetings or phone calls with members of the legislature and/or regulatory agency. Support if Amended - A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana will be supportive if the requested changes are adopted. A support if amended position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Neutral - A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the legislation in question does not have an impact on the residents of Santa Ana. Oppose - An oppose position indicates to the corresponding legislature, regulatory agency, and other stakeholders that the City of Santa Ana will oppose the legislation unless the requested changes are adopted. An oppose position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Oppose Unless Amended - An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana will oppose the legislation unless the requested changes are adopted. An oppose unless amended position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Watch - A watch position indicates to the legislature and other stakeholders that the City of Santa Ana is dedicating resources to monitoring the legislation. 65A-23 City of Santa Ana Legislative Scorecard 2018 5 GUIDING PRINCIPLES The following information includes the Guiding Principles for the City of Santa Ana. The Guiding Principles shall serve to provide direction for all issues that the city is facing. 1. PRESERVE LOCAL CONTROL Preserve and protect the city's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. I1. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the city's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the city to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the city to maximize local revenues, offset and leverage capital expenditures, and maintain city goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the city's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies / organizations and local, state and federal elected representatives. 65A-24 City of Santa Ana Legislative Scorecard 2018 2018 LEGISLATIVE PRIORITIES The City of Santa Ana is the 111h largest city in the State of California and the 4th most - dense city in the United States. The City of Santa Ana is a diverse community dedicated to maximizing resources and improving the quality of life for over 342,000 residents. To help achieve this initiative, the City Council adopts an annual Legislative Platform to streamline the ability to take a position on legislation that may impact the city. The Legislative Platform is a tool to promote and protect the city's interests on priority issues and legislative matters at the State and Federal level. The priorities and initiatives below allow city staff and legislative advocates to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that arise during the year. This Platform supplements previously adopted governing documents of the City of Santa Ana. The City Council for the City of Santa Ana is actively seeking solutions to the pressing issues facing the community. For 2018, the City Council will focus on the following issues: I. Homelessness II. Homeownership III. Opportunity Zone Designation IV. Innovation V. Digital Divide VI. Organizational Cyber Security 65A-25 City of Santa Ana Legislative Scorecard 2018 7 LEGISLATIVE PLATFORM Community Safety A safe and secure community is essential to the quality of life and economic success of the City of Santa Ana. The city is committed to a high level of public safety and partnering with the community to maintain a safe and secure city. Police Officer Support legislation that increases Ratio funding for cities to increase the police officer to community ratio. i i i Body Camera Support and advocate for legislation Program that helps the city acquire funding for a one-to-one ratio for body cameras, and body camera memory storage. , i (SAPD) The Department has an ongoing commitment to hire and retain officers. This assurance is best exemplified through our consistent and ongoing emphasis on enhancing the hiring process. Through the expansion of both the Background and Recruitment Units, streamlined hiring practices and the creation of a recruitment unit the Department is currently experiencing unprecedented hiring success. (SAPD) Santa Ana's Officer to Community ratio remains exceedingly low and can only be ultimately raised through additional government support (grants). (TPA) Monitored several bills related to body camera, procedures, and protocol for body camera footage. (TPA) AB 748 was passed in California, which is related to the disclosure of certain video or audio recordings of critical incidents. (SAPD) Department was awarded a $100,000 grant to fund body cameras and body camera memory storage. Enhance Public Support State and Federal legislation (SAPD) Department published its - - - 65A-26 City of Santa Ana Legislative Scorecard 2018 8 Trust „ that increases funding for initiatives Police Career Pathway that promote public trust and promote law enforcement community engagement strategies. Support legislation that increases funding for cities to promote a program that encourages local youth to pursue a career with their local police department. latest Policing Philosophy, and will soon be publishing its 5 Year Strategic Plan specific to the needs of our community. Both documents are based on wide spread community eneaeement and input. (SAPD) Department continues to support the Department's Explorer Post, which recruits high school students from the community. Additionally, the Department is in the process of re -vamping its Cadet program with outreach planned into local Universities to enhance future hiring initiatives. Community and Economic Development The city will work to encourage businesses to locate and invest in our community to bolster our local economy. The City of Santa Ana will work aggressively to facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods. INITIATIVE SUMMARY Medical and Support legislation and regulatory Recreational actions that maintain local control, Cannabis 1 considers health and safety requirements, provides for community SCORECARD (TPA) Provided the City with ongoing information on the development and adoption of permanent regulations for the adult education opportunities, and increases use of cannabis. Engaged in assistance and funding to municipalities numerous meetings with the Brown that have adopted ordinances related Administration, key legislators, and to cannabis. other stakeholders to ensure that the City's interests were protected Oppose the Department of Justice's decision to rescind the Cole memo and increase federal prosecution of throughout the regulation development and adoption process. Monitored dozens of bills and legalized marijuana use. I budget proposals related to cannabis and provided information to the City on key measures. (PBA) Opened 18 commercial 65A-27 City of Santa Ana Legislative Scorecard 2018 9 65A-28City of Santa Ana Legislative Scorecard 2018 10 cannabis retail businesses with another 12 pending. Opened three testing laboratories, two distribution businesses, and one manufacturer generating approximately $10 million in fees and taxes to fund public safety j efforts and program related costs over the past four years since the regulatory program was established. The closure of over 120 illegal dispensaries, the seizure of Illegal processed marijuana, edible, and cash, and the dismissal of over a dozen legal challenges against Measure BB and subsequent City ordinances. Business and i Collaborate with the Governor's Office ! (TPA) Worked with the city, the Economic 1 of Business and Economic Development Governor's Office of Business and Development i on initiatives that provide financial Economic Development, and the assistance to businesses looking to city's legislative representatives to locate or expand in Santa Ana, ensure that the city was included in the Opportunity Zone program. The city ultimately had eleven priority census tracks i designated as Opportunity Zones. j (CDA) The city continued to work with the Governor's Office of Business and Economic Development to attract and retain businesses to the city through the promotion of the economic and financial incentives available f through the State. Use of Bond Support the creation or revision of (CDA) Defeased and refinanced the Proceeds legislation that will allow cities to obtain bonds in 2018. and full release of 2011 bond proceeds. Foster Support investment of the Recycling City continued to support and market the Recycling Market p Market Development Zone program Development of Development Zone Program as an 65A-28City of Santa Ana Legislative Scorecard 2018 10 Green Businesses that creates jobs, reduces greenhouse ieconomic incentive for gas emissions, and diverts waste from manufacturing companies that landfills through the city's designation produce products in the green business industry. and participation in the Orange County Recycling Market Development Zone, Tax -Exempt Advocate for legislation that supports (FMSA) The 2018 Series A & B Municipal Bonds tax-exempt municipal bonds that Successor agency bonds were rated AA by S&P. The bonds closed on improve and expand city infrastructure. November 811 with a total of $72.3 million. Sustainable Development Advocate for State and Federal funding for planning, outreach, and education to support sustainable development. ® Series B $58.7 million used to advance -refund 2011 bonds —taxable e Series A $13.6 million used to refund 2003 bonds — non- taxable ® $18 million NPV savings. Our share is 19% or $3-F million. Debt was structured to provide that as a one-time payment up front. (TPA) Worked with city staff to provide input on legislative proposals related to sustainable development. Specifically, the city provided comments to its legislative delegation on SB 827 (Weiner), which would require a local jurisdiction to provide a housing bonus for developments in transit - rich areas; and, AB 2162 (Chiu), which established supportive housing as a use by right in zones where multi -family and mixed uses are permitted. AB 2162 was signed into law by the Governor and SB 827 failed to pass out of Senate policy committee. (PBA) In December 2017, the City Council approved the 65A-29:ity of Santa Ana Legislative Scorecard 2018 11 Memorandum of Understanding with SCAG and contract agreements for planning consultants to provide technical support as part of a Sustainability Planning Grant for $325,000 by the Southern California Association of Governments (SCAG). This grant enabled the City of Santa Ana to hire three consulting firms to ensure that the Santa Ana General Plan Update reflects economically, socially, and environmentally sustainable practices. Staff has commenced technical work coordination with consultants in preparation of the draft document and evaluation of land use alternatives. (PBA) In addition, staff presented the General Plan Policy framework to the City Council in December of 2018. The policy document includes a vision statement, goals, policies and land use map alternatives. (PBA) The city successfully completed the extension of the Metro East Use Overlay District expansion project as part of funding source received from the Southern California Air Quality Management District which serves to extend a transit - oriented plan area to promote multi- modal transportation and urban infill development. 65A-30 City of Santa Ana Legislative Scorecard 2018 12 INITIATIVE Homelessness Affordable Housing SUMMARY Support legislation that provides financial or policy support to local governments that work to address issues surrounding homelessness. Support legislation that provides funding to address the lack of affordable housing. Oppose legislation that seeks to limit local control over affordable housing decisions. SCORECARD (TPA) worked with the city, and in coalition with the Big Cities Mayors, to advocate for funding to cities to help address issues associated with homelessness. The efforts initially began with advocating for funding through AB 3171 (Ting) and ultimately resulted in the creation of the Homeless Emergency Aid Program (HEAP) begin created through the State Budget. The HEAP program provided approximately $3.7 million directly to the City of Santa Ana, as well as an additional $15.5 million to the Santa Ana, Anaheim/Orange County Continuum of Care. Once approved in the budget, the city worked with the Department of Housing and Community Development to secure the funding in late October. (CDA) The city was awarded $3.5M from the State's Homeless Emergency Aid Program (HEAP) in 2018. (TPA) Monitored and provided information to the city on a number of bills relating to affordable housing. Worked with city to provide comments and feedback to Assembly Member Daly regarding AB 448, which established the Orange County Housing Finance Trust. The measure allows for the formation of a JPA for the purpose of funding housing to assist the homeless, as well as individuals and families of low and very low income within Orange County. 65A-3 0Lty of Santa Ana Legislative Scorecard 2018 13 Housing First Program Housing Choice Program Access HOME Investment Partnership Program Tax Credits Support legislation that expands funding for the Housing First model to provide permanent housing for individuals that are homeless. Support passage of FY 2018 appropriations bill with full funding for the Housing Choice Voucher Program and the program's administrative fees. Seek to protect the HOME Investment Partnerships Program from funding cuts to help expand affordable housing, increase jobs, and provide public services. Work alongside NAHRO and the ACTION campaign to establish a permanent 4 percent credit rate for allocated acquisition credits, and raise the overall annual housing credit allocation to states. Support legislation to expand and improve the affordable housing credit program. (CDA) The City collaborated with other cities across Orange County for the adoption of AB448 that was adopted by the CA State Legislature to establish the Orange County Housing Finance Trust. (CDA) The City issued an RFP for Affordable Housing Development that included HUD-VASH Project Based Vouchers which implement the Housing First model to provide permanent housing for homeless veterans (CDA) The Housing Authority was successful in applying for and receiving additional 200 VASH Project Based Vouchers from HUD and the VA in 2018. The Housing Authority also received 50 vouchers from the Mainstream Program. (CDA) Through successful efforts by all on every level, the city received an additional $575K in HOME funds for FY 18/19 above the FY 17/18 total allocation. (CDA) The City supported the 9% Low -Income Housing Tax Credit application by the developer of the Tiny Tim Plaza affordable housing project which will include 51 units of affordable housing when complete. (CDA) The City also adopted Affordable Housing Funds Policies and Procedures to more effectively align local and Federal funds with the competitive allocation of 9% tax credits. 65A-320ty of Santa Ana Legislative Scorecard 2018 14 INITIATIVE SUMMARY WIOA Funding Support and advocate for funding for the Workforce Innovation and Apprenticeship Training Opportunity Act (WIOA) to enable the city to continue to invest in workforce education and training, and job search assistance. Support legislation that provides apprenticeships, skills training and other workforce development opportunities. Skills Gap Support legislation that promotes industry training and employment opportunities for job seekers which will help them achieve a livable wage. SCORECARD (CDA) California has a 10 -year goal to produce one million industry - valued credentials. Santa Ana invested over $400K in job training which resulted in 80 people receiving a middle skill credential which allows for self-sufficiency. —-— (CDA) Collaborated Collaborated with Santa Ana College to provide pre - apprenticeship training. Four cohorts of students were trained. Santa Ana joined Santa Ana College in submitting for a Strong Workforce Grant (state) to continue working on pre -apprenticeships. Application pending. (CDA) Two pieces of legislation passed that support Santa Ana workers. AB 1111 Removing Barriers to Employment Act will address the needs of persons who have multiple barriers to employment, prepare them for training, apprenticeships or employment that will lead to self- sufficiency and economic stability. SB 840 — Prison to Employment the Governor's 2018-19 budget provides $36 million General Fund over two years for local workforce development boards to fund employment training opportunities for at least 1,000 ex -offenders and to integrate local employment training with programs offered by parole and probation departments. Santa Ana submitted a proposal with award announcements expected soon. 65A-33ity of Santa Ana Legislative Scorecard 2018 15 Community Health, Livability and Sustainability The City of Santa Ana has a direct effect on the community's overall quality of life. A vibrant community is full of energy and life, characterized by investment in its people, culture and physical environment Control of City Assets Digital Divide SUMMARY Support legislation that maintains local control over municipal assets in the deployment of next generation technological infrastructure. Support and advocate for legislation that helps cities close the gap in the digital divide. Expand Consumer Support and advocate for Options for ! legislation that assists with the SCORECARD (CM) Maintained control and prevented bill at state level that would have allowed companies from installing cells on city light posts and infrastructure. The city was able to maintain control over assets by writing letters of opposition for legislative bills that would have limited city control over municipal assets. (IT) Senate Bill 649 regarding wireless telecommunications facilities was vetoed by Governor Brown. However, the new FCC directive weakens local control. (PWA) The Public Works Agency is conducting a pilot project to leverage streetlights and provide 5G services. This pilot will be taken to council in the near future. The Petro Pilot program is a wireless service for the downtown area. The agency will evaluate how Wi-Fi will work. If the program is a success, then there will be an expansion to more locations in the city. (IT) The city hired Magellan Advisors to assist the city with updating our ordinances to better support Small Cell sites and 5G. Magellan Advisors is also working with the city to create a fiber master plan to ensure that the city is positioning itself for the future (PWA) The city is limited due to the FCC caps on what private companies can be 65A-34city of Santa Ana Legislative Scorecard 2018 16 - Internet Access Transition to Smart City development of a fiber optics program that increases consumer options for internet access and ensures that the city's local authority is preserved in the expansion of wireless programs. Explore State and Federal grant programs that can help the city transition into a Smart City. charged to install small cell sites. This would require legislative help as the fees currently charged are very low. This means the city is permitting and subsidizing these private companies. (IT) There are several telecom companies that provide internet access to Santa Ana businesses and residents. It is anticipated that new 5G networks will increase the number of providers who can provide high-speed internet within the city. The city is working with several telecom providers to develop license agreements for the permitting and licensing of assets to be used for small cell antennas which could be used in the future for 5G networks that can make internet access more affordable due to competition. (TPA) Worked with the city and Assembly Member Daly to secure $4 million in funding for Santa Ana to begin transitioning to smart water meters. This funding will allow for the installation of smart water meters in parts of the city and help residents have more information regarding their water consumption, thereby increasing the level of water conservation in the city. (IT) The city purchased new LED streetlights and is continuing to seek grants for additional features. INITIATIVE SUMMARY SCORECARD Pedestrian & Advocate for legislation that (TPA) monitored and provided Bicycle Safety increases funding for safe information regarding legislation, I pedestrian and bicycle activities, including AB 2362 (Friedman) which enforcement of traffic safety, and �requires the State to convene a task infrastructure improvements. force to consider alternatives to the 65A-36ity of Santa Ana Legislative Scorecard 2018 17 SMSA Program Advocate for $40 million dollars to complete the Safe Mobility Program in Santa Ana. Carpool Initiatives Support iegisiation ana grant programs that fund carpooling options such as buses, trains, and street cars. (PWA) Submitted a grant application to the ATP program (state and federal funding) for Phase 1 of the Safe Mobility Santa Ana projects ($5.3 -million). In future grant pursuits staff will include more projects. 65A-36 City of Santa Ana Legislative Scorecard 2018 18 current process for setting speed limits that may increase pedestrian and bicycle safety. This measure was signed into law by the Governor. (PWA) $21 million in funding has been awarded to fund transportation initiatives. The Public Works Agency will continue pushing unfunded projects. There is a need to fund programs that improve enforcement and educate the public on driving speeds. The agency would like to implement a SAFE zone. This will require working with Police to identify locations to maximize the use of signs, such as main entry points into the city. Reduction of Explore State and Federal grant (PWA) Submitted $132 -million worth of Traffic Fatalities programs that can help reduce grant applications focused traffic fatalities. i bicycle/pedestrian safety and fatality reduction. To date, we have received $21 -million with $11 -million in applications still being reviewed. Non -Motorized Support legislation and grant (PWA) There is a large deficiency in Transportation programs that increase funding for funds. Developers enhance and change cities that are promoting a sidewalks. The improvements that are reduction of greenhouse gases needed are not happening fast enough. through the development of There is a need for legislation to provide alternative methods of funding for access to ensure all j transportation. sidewalks are maintained. SMSA Program Advocate for $40 million dollars to complete the Safe Mobility Program in Santa Ana. Carpool Initiatives Support iegisiation ana grant programs that fund carpooling options such as buses, trains, and street cars. (PWA) Submitted a grant application to the ATP program (state and federal funding) for Phase 1 of the Safe Mobility Santa Ana projects ($5.3 -million). In future grant pursuits staff will include more projects. 65A-36 City of Santa Ana Legislative Scorecard 2018 18 INITIATIVE CDBG Funds Park Bonds Park Development SUMMARY SCORECARD Collaborate with Federal (PRCSA) Under a Joint Use agreement representatives to preserve CDBG with the SAUSD, the PRCSA was successful funding for Santa Ana to ensure in obtaining a $5 million State grant to the development of Capital park "develop the Roosevelt Walker Community projects, social service programs, Center and Park on 3.5 acres of district and parks/I recreation programs. !property. $2.5 million of additional CDBG and park development funding completed the project. The project included a Community Center, basketball courts, play equipment, exercise equipment, community garden, multi-purpose field, running track and parking lot. The community center and park are open for community use during school hours. Support legislation that appropriates SB 5 bond funding, pending voter approval on the June 2018 ballot. Collaborate with State representatives for increased funding for parks within the city. (TPA) Initiative was approved by voters. (TPA) worked with the city to support SB 5 (De Leon), which appeared on the June 2018 ballot as Proposition 68 and was approved by voters. Proposition 68 contains direct per capita funding for local parks, as well as competitive programs from which the city can apply for funding. Additionally, TPA worked with the city to provide information regarding the guideline development and funding solicitation of various programs within Proposition 68, including the California River Parkways program and the Cultural, Community and Natural Resources Program. (TPA) worked with the city and its legislative representatives to provide information on the city's priority park projects for potential funding from the Santa Ana River Conservancy Program. TPA worked with the city's legislative delegation to appropriate $5 million in funding for the Santa Ana River 65A-37city of Santa Ana Legislative Scorecard 2018 19 Science Support legislation and grant Education programs that increase funding for education on climate -change, eco -systems, and zoology, with the assistance of local zoos. Conservancy Program of the $16 million in Proposition 68 funding for the Program. (PRCSA) The department has the opportunity to apply for competitive grants under Proposition 68. The department is working to identify projects and features that qualify for funding. funding does not allow for deferred maintenance. (TPA) worked with the city's legislative delegation to appropriate $40 million, as part of the State Budget, from the Proposition 68 Cultural, Community and Natural Resources Program. Worked to provide input to the Department of Parks and Recreation relating to the development of guidelines for the program which provides funding for, among other things, science centers in heavily urbanized counties and programs that education the public about natural landscapes, aquatic species, or wildlife. (FRCSA) The Santa Ana zoo developed a 20 -year master plan, which includes $70 million additional builds and enhancement of the park. Initiatives in the 20 -year master plan include: a A new veterinary hospital ® A series of primate trails soaring over the Zoo for added animal enrichment and an immersive guest experience ® The addition of Bean Sprouts, a healthy, organic eatery onsite at the Zoo • A new entry plaza and improved parking • Additional participation in local, 65A-38 City of Santa Ana Legislative Scorecard 2018 20 Library i Collaborate with State and Development Federal representatives to help acquire funding to enhance current libraries and establish an E -Library presence. Youth Support legislation and grant Prevention programs that have the potential Programs to reduce criminal involvement and provide intervention programs. INITIATIVE SUMMARY.' Immigrant 1 Support State and Federal Rights j legislation that recognizes the j liberty and equal rights of all individuals regardless of immigration status. Immigration Support Federal immigration Reform reform that provides sensible and effective solutions to secure our borders, promote economic development, and ensure stronger communities. Naturalization Explore State and Federal Ceremonies legislation that recognizes and provides funding to Cities who national and world-wide conservation projects (PRCSA) On-going process Identified funding needs for library expansion and renovations. (PRCSA) Awarded a $1 million Grant from State Youth Soccer Program for to install synthetic turf on the athletic field and drought tolerant planting at Santa Anita Park. (PRCSA) The department is continuing to identify funding opportunities to develop and implement recreation based programs after school and on weekends for youth and teens. The primary focus for these programs is to provide youth opportunities to be actively engaged in a safe and positive environment. SCORECARD (CM) The City of Santa Ana passed an ordinance in January 2018 supporting equal rights for all individuals. (CM) The city entered an agreement with the VERA Institute of Justice to provide universal representation for Santa Ana residents in an effort to promote this initiative while maintaining public trust. (CM) The City Manager's Office examined the process to receive funding. The city would be required to provide a 65A-39:Ity of Santa Ana Legislative Scorecard 2018 21 host citizenship related events. convention center sized arena without State or Federal funding. Currently, the city does not operate the mandatory infrastructure to host naturalization ceremonies. Community engagement strengthens the community, promotes informed participation, improves city decision making, and increases trust in government. The following initiatives would support the City of Santa Ana to further engage and inform the community of Santa Ana. INITIATIVE SUMMARY SCORECARD Voter Education Support legislation and grant (CC) This initiative was completed. As a and Engagement programs that provide assistance result, the Youth Commission was to cities seeking to increase voter i created. turnout and civic engagement. National Voter Support legislation that creates a Information National Voter Information database that can help alleviate duplicate voter information. Open Data Support legislation and grant programs that foster the development of Open Data software. I (CC) No relevant legislation has been brought up by the State of California. The office has not reached out to the Assembly and Senate officials because this would require the request of the council to support legislation. (CC) The Clerk's office has been using Open Government as a tool to for transparency, such as budget, salary, FPPC forms, and other information requested through the Sunshine Ordinance. 65A-4OCity of Santa Ana Legislative Scorecard 2018 22 Ensure Accurate Support Federal legislation and Census 2020 funding to fully fund the 2020 Census and provide the necessary resources required to achieve a fair and accurate census, especially among hard -to -count populations. Oppose the US Department of Justice's request to add a new untested question relating to an individual's citizenship status, adding to fears that the census submission could further lead to potentially serious undercount. e : 1 (IT) IT Department implemented a new website which includes portals for both tabular and GIS open data. The department is working with other city departments to make more of their data available to the public (CM) The city has secured $15,000 from the State of California under the Local Update of Census Addresses (LUCA) in order to ensure an accurate census count. Santa Ana hosted a regional round table with key stakeholders and developed a community outreach plan to achieve a fair and accurate census count. (TPA) monitored and provided information on budget proposals to include funding for activities related to census 2020. The final state budget included $90 million for various activities related to the preparation for the 2020 census. The city continues to face an increasing demand for services and works diligently to fulfill the needs of the community. As an organization, the city continues to develop innovative and efficient methods to deliver services. Continued success in this regard will depend on State and Federal support in the following initiatives. INITIATIVE SUMMARY - SCORECARD Cyber Security I Support and advocate for (IT) Implemented next generation firewall legislation that supports a that provides better security. centralized cyber security i management system. i Employee Support legislation that maintains Health healthcare rates at an affordable i and/or market rate value to provide employees with beneficial health coverage. 65A-40[ity of Santa Ana Legislative Scorecard 2018 23 Employee Safety Pension Reform Support and advocate for legislation that promotes the safety of employees. Support legislation that preserves local authority in designing retirement formulas for employees. 65A-42 City of Santa Ana Legislative Scorecard 2018 24