Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
FULL PACKET_2020-02-04
DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF w SANTA ANA, CALIFORNIA January 21, 2020 CLOSED SESSION MEETING CLOSED SESSION MEETING OF THE CITY COUNCIL - JANUARY 21, 202, 5:00 P.M. CALL TO ORDER - Mayor PULIDO Mayor Pro Tern Villegas called the closed session meeting at 5:15 p.m. Councilmember Bacerra and Councilmember Iglesias joined the closed session at 5:16 p.m. Mayor Pulido joined the 5:25 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio STAFF Present: PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda. Tim Johnson spoke regarding transporting inadvertently to Armory, two bus stops, read email. Councilmembers Iglesias and Bacerra joined the meeting at 5:17 p.m. Mayor Pulido recessed the meeting to room 147 at 5:19 p.m. to discuss Closed Session Items 1-3 as listed on the agenda: CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: DRAFT CITY COUNCIL MINUTES 1 JANUARY 21, 2020 10A-1 1A. City of Santa Ana v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOC (DFMx) 1 B. City of Santa Ana, People of the State of California v. Orange County Association for Mental Health DBA Mental Health Association of Orange County, et al., Orange County Superior Court Case No. 30-2020- 01124174-CU-MC-CJC 1 C. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 1 D. City of Santa Ana v. County of Orange, et al., (Cross - Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 2. CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: One. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 Cypress Avenue (APN# 404-102-06) (0.17 acres) Santa Ana, CA Owner: City of Santa Ana City Negotiators: City Manager Kristine Ridge, and Community Development Agency Director Steven Mendoza Terms: Conditions of potential disposition/sale CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. DRAFT CITY COUNCIL MINUTES 2 JANUARY 21, 2020 10A-2 REGULAR OPEN MEETING - 5:45 p.m. (Immediately following the Closed Session Meeting) CALL TO ORDER MAYOR PULIDO COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Bacerra COUNCILMEMBERS Absent: None STAFF Present: Mayor Pulido called the regular session meeting at 6:28 p.m. PLEDGE OF ALLEGIANCE - MAYOR PULIDO u►►.czN_�r�.�►e:ir�:�_v�►i��r�1.»�yxy:r_���_�ul CEREMONIAL PRESENTATIONS 1. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM VILLEGAS recognizing the Olivos Family for their Outstanding Contributions to the Community. 2. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing the City of Santa Ana's 150th Anniversary Committee for their Outstanding Contributions to the Community. 3. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing Toys for Tots Foundation, Save Our Fields, Inc., Suavecito Pomade, and 7-11 for their Outstanding Contributions to the Community. 4. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing the organizers of Tamalada, Santa Ana's Tamale Festival, for their Outstanding Contributions to the Community. DRAFT CITY COUNCIL MINUTES 3 JANUARY 21, 2020 10A-3 5. SPECIAL PRESENTATION - Pavement Management and Street Median Update by Public Works Agency Presented by Nabil Saba, Interim Executive Director of Public Works Agency. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. The City Attorney stated there were no reportable actions PUBLIC COMMENTS — See Items 11 B, 19D, and 251 CONSENT CALENDAR MOT/ON: Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L. Motion to Approve the Consent Calendar items Approve staff recommendations on the following Consent Calendar items: Items 10A through 25L, with the exception of items 11A, 11 B, 19D, 20B, 25F, 251, 19C. Moved by Mayor Pullido, seconded by Councilmember Bacerra. Councilmember Sarmiento dissented on item 19C. moved by Councilmember Solorio seconded by Councilmember Bacerra. Councilmember Solorio motioned to approve the consent calendar items with the exception of items 11A, 11B, 19D, 20B, 25F, 251, 19C, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES DRAFT CITY COUNCIL MINUTES 4 JANUARY 21, 2020 10A-4 10A. MINUTES FROM THE REGULAR AND SPECIAL MEETINGS OF NOVEMBER 19, 2019 {Strategic Plan No. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. 10B. MINUTES FROM THE REGULAR MEETING OF DECEMBER 3, 2019 {Strategic Plan No. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. 10C. MINUTES FROM THE REGULAR MEETING OF DECEMBER 17, 2019 {Strategic Plan No. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. ADOPT ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTIONS 34-56 (POSTAGE STAMP SUBDIVISIONS), 34-126 (APPROVAL OF TENTATIVE PARCEL MAPS BY THE ZONING ADMINISTRATOR) AND 34-127 (APPROVAL OF OTHER TENTATIVE MAPS BY PLANNING COMMISSION) TO STREAMLINE THE REVIEW PROCESS FOR TENTATIVE MAPS {STRATEGIC PLAN NO. 5, 1) — Planning and Building Agency Placed on first reading at the December 17, 2019 City Council meeting and approved by a vote of 5-1 (Iglesias dissented and Sarmiento absent). Published in the Orange County Reporter on January 10, 2020. MOTION: Place ordinance on second reading and adopt. Motion to approve recommendation Place ordinance on second reading and adopt. moved by Councilmember Bacerra seconded by Councilmember Sarmiento. Councilmember Bacerra motioned to approve recommendation, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) DRAFT CITY COUNCIL MINUTES 5 JANUARY 21, 2020 10A-5 ABSENT: None (0) This consent Item - Ordinance No. NS-2982 was approved. 11 B. ADOPT ORDINANCE NO. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD- 82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS {STRATEGIC PLAN NO. 5, 11 — Planning and Building Agency Placed on first reading at the December 17, 2019 City Council meeting and approved by a vote of 4-3 (Penaloza, Sarmiento and Solorio dissented). Published in the Orange County Reporter on January 10, 2020. MOT/ON: Place ordinance on second reading and adopt. PUBLIC COMMENT: Jeremy Cogan spoke in opposition of item 11 B. Motion to Adopt Place ordinance on second reading and adopt. moved by Mayor Pro Tern Villegas seconded by Councilmember Iglesias. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Iglesias. MOTION: Mayor Pro SECOND: Councilmember Iglesias Tern Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Bacerra (4) NOES: Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (3) ABSTAIN: ABSENT: None (0) None (None) This consent Item - Ordinance No. NS-2983 was approved. BOARDS / COMMISSIONS / COMMITTEES DRAFT CITY COUNCIL MINUTES 6 JANUARY 21, 2020 10A-6 13A. AGENDA AND MINUTES OF THE SPECIAL MEETING OF PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT CITY COUNCIL COMMITTEE, JUNE 11, 2019 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOT/ON: Receive and file. 13B. APPOINT DANNY VEGA NOMINATED BY COUNCILMEMBER IGLESIAS AS THE WARD 6 REPRESENTATIVE TO THE PERSONNEL BOARD FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOT/ON: Nominate Danny Vega for an appointment to the Personnel Board as the Ward 6 representative. IJ46Y�l��A_1►1xi1��y9�]Jill►16��:7_��[�7►1 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office No reportable action. 19B. EXCUSED ABSENCES — Clerk of the Council Office 19C. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 — Community Development Agency MOT/ON: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. Councilmember Sarmiento dissented on Item 19C. 19D. RECEIVE AND FILE — FISCAL YEAR 2018-19 COMPREHENSIVE ANNUAL FINANCIAL REPORT, RELATED AUDIT REPORTS, AND MEASURE X AGREED - UPON -PROCEDURES REPORT {STRATEGIC PLAN NO. 4, 1) — Finance and Management Services Agency MOT/ON: Receive and file the following audited and separately issued reports for the Fiscal Year ended June 30, 2019: The Auditor's unmodified "clean" opinion letter for the Fiscal Year 2018-19 Audited Financial Statements included in the Comprehensive Annual Financial Report (CAFR) 2. Government Auditing Standards (GAS) Letter 3. Audit Committee Letter DRAFT CITY COUNCIL MINUTES 7 JANUARY 21, 2020 10A-7 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agreed -Upon -Procedures Report PUBLIC COMMENT: Tim Johnson spoke regarding how to express recommendations, concerns for boards and commissions to bring to Council. Keith Carpenter spoke regarding how to express recommendations, concerns for boards and commissions to bring to Council. Motion to Approve the Consent Calendar items Receive and file the following audited and separately issued reports for the Fiscal Year ended June 30, 2019: moved by Councilmember Solorio seconded by Mayor Pulido. Councilmember Solorio motioned to approve the consent calendar Item 19D, seconded by Mayor Pulido. MOTION: Councilmember SECOND: Mayor Pulido Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) r_���:t.»:a_�r�.�►raan��rwla►r� 20A. APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO INTERNATIONAL LINE BUILDERS, INC., IN THE AMOUNT OF $308,059, FOR THE CITYWIDE TRAFFIC SIGNAL VEHICLE HEAD UPGRADES PROJECT, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST DRAFT CITY COUNCIL MINUTES 8 JANUARY 21, 2020 10A-8 OF $538,600 (PROJECT NO 17-6875) {STRATEGIC PLAN NOS. 6, 1 B & 1 G} - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-101 — Recognizing $538,600 in Highway Safety Improvement Program grant funds into the Federal Aid Safety Program, Federal Grant -Indirect revenue account and appropriate the same amount into the Public Services -Street Safety Projects, Improvements Other Than Buildings expenditure account. 2. Award a construction contract to International Line Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $308,059, for construction of the Citywide Traffic Signal Vehicle Head Upgrades Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $538,600, which includes $308,059 for the construction contract; $70,000 for contract administration, inspection and testing; and a $160,541 project contingency for future and unanticipated work. 20B. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO ALL CITIES ENGINEERING, INC., IN THE AMOUNT OF $2,399,040, FOR THE RIVERVIEW NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $3,158,896 (PROJECT NO. 15-6453) {STRATEGIC PLAN NOS. 6, 1 B; 1C; 1G) - Public Works Agency Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-100 — Recognizing $3,158,896 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account and appropriate the same amount to the Acquisition & Construction Fund, Water Utility Capital Projects, Improvements Other Than Building expenditure account, to complete the Riverview Neighborhood Water Main Improvements Project. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to add $478,649 to the Riverview Neighborhood Water Main Improvements Project. 3. Award a construction contract to All Cities Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,399,040, for construction of the Riverview Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, DRAFT CITY COUNCIL MINUTES 9 JANUARY 21, 2020 10A-9 subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,158,896, which includes $2,399,040 for the construction contract; $359,856 for contract administration, inspection, and testing; and a $400,000 project contingency (approximately 16.7% of the construction contract amount). Motion to: 1. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-100 — Recognizing $3,158,896 in the Water Fund, Public Works Water Revenue, Prior Year Carry Forward account and appropriate the same amount to the Acquisition & Construction Fund, Water Utility Capital Projects, Improvements Other Than Building expenditure account, to complete the Riverview Neighborhood Water Main Improvements Project. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to add $478,649 to the Riverview Neighborhood Water Main Improvements Project. 3. Award a construction contract to All Cities Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,399,040, for construction of the Riverview Neighborhood Water Main Improvements Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and the City Attorney. Councilmember Solorio motioned to approve, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 10 JANUARY 21, 2020 10A-10 20C. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO EBS GENERAL ENGINEERING, INC., IN THE AMOUNT OF $2,546,154, FOR THE GAS TAX LOCAL STREET IMPROVEMENT FY 19/20 AND FLOWER STREET SEWER MANHOLE IMPROVEMENTS PROJECTS, WITH AN ESTIMATED TOTAL PROJECT DELIVERY COST OF $3,226,287 (PROJECT NOS. 20-6956 & 20-6437) {STRATEGIC PLAN NOS. 6, 1 B; C; AND G) - Public Works Agency Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-098 - Recognizing $2,092,796 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. b. APPROPRIATION ADJUSTMENT NO. 2020-099- Recognizing $1,133,491 from prior year fund balance in the Sanitary Sewer Capital Fund, and appropriating the same amount to the Capital Recovery Charges, Improvements Other than Buildings expenditure account. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $2,092,796 in construction funds for the Gas Tax Local Street Improvements Fiscal Year 2019-20 Project. 3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include $1,133,491 in construction funds for the Flower Street Sewer Manhole Improvements Project. 4. Award a construction contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the Base Bid and Additive Alternate 1 in the amount of $2,546,154, for construction of the Local Street Improvement FY 2019-20 and Flower Street Sewer Manhole Improvements projects, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non - substantive changes approved by the City Manager and the City Attorney. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,226,287, which includes $2,546,154 for the construction contract; $381,922 for contract administration, inspection, and testing; and a $298,211 project contingency (approximately 11.7% of the construction contract amount). SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD BLANKET ORDER CONTRACT IN THE AMOUNT OF $250,000 TO GRAINGER. INC. AND AMEND CURRENT BLANKET ORDER CONTRACT DRAFT CITY COUNCIL MINUTES 11 JANUARY 21, 2020 10A-11 ($157,000) WITH GRAINGER, INC. FOR MAINTENANCE, REPAIR AND OPERATIONS SUPPLIES (SPECIFICATION NO. 20-001) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency Award a blanket order contract to Grainger, Inc., for maintenance, repair and operations supplies for a three-year period expiring December 31, 2022, with provisions for two one-year renewal periods exercisable by the City Manager, in an annual not to exceed amount of $250,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Amend current blanket order contract amount with Grainger, Inc. (Specification 15-003) for maintenance, repair and operations supplies by $27,000 for a new total amount of $157,000 to allow for uninterrupted services through the end of the current contract term on January 31, 2020. 22B. AWARD A BLANKET ORDER CONTRACTS TO CONSUMER PIPE AND SUPPLY, S & J SUPPLY COMPANY INC., UNITED WATER WORKS, AND FERGUSON ENTERPRISES, LLC, FOR COPPER TUBING, IN AN ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $100,000 (TOTAL AGREEMENT AMOUNT NOT TO EXCEED $500,000) (SPECIFICATION NO. 19-122) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 C) - Finance and Management Services Agency and Public Works Agency MOT/ON: Award blanket order contracts for copper tubing for a two-year period, beginning February 1, 2020, and expiring January 31, 2022, with provisions for three one- year renewal options exercisable by the City Manager, in an annual aggregate amount not to exceed $100,000, for a total agreement amount not to exceed $500,000, including the optional renewals, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Consumer Pipe and Supply - Fontana S & J Supply Company Inc. - Santa Fe Springs 3. United Water Works - Santa Ana 4. Ferguson Enterprises, LLC - Santa Ana 22C. AWARD A CONTRACT IN THE AMOUNT OF $240,000 TO MOTOROLA SOLUTIONS, INC. FOR MOTOROLA 800 MHZ COMMUNICATIONS SYSTEM EQUIPMENT (SPECIFICATION NO. 19-128) {STRATEGIC PLAN NO. 1, 51 - Finance and Management Services Agency and Police Department MOT/ON: Award a blanket order contract to Motorola Solutions, Inc, for Motorola 800 MHz communications system equipment for a three-year period expiring January 20, 2022, in an amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney. DRAFT CITY COUNCIL MINUTES 12 JANUARY 21, 2020 10A-12 22D. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $489,619 TO FAIRWAY FORD SALES, INC. FOR TWELVE FORD POLICE INTERCEPTOR VEHICLES (SPECIFICATION NO. 19-135) {STRATEGIC PLAN NO. 1, 5 and 6, 21 - Finance and Management Services Agency and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc for twelve Ford Police Interceptor vehicles for the Santa Ana Police Department for a total amount not to exceed $489,619, subject to non -substantive changes approved by the City Manager and City Attorney. 22E. AMEND PURCHASE ORDER WITH LOS ANGELES TRUCK CENTERS, LLC, FOR TWO COMPRESSED NATURAL GAS DUMP TRUCKS IN THE AMOUNT OF $458,827 (SPEC. NO. 18-070) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency and Public Works Agency MOTION: Amend the contract with Los Angeles Truck Centers, LLC, for the procurement of two additional compressed natural gas dump trucks in the amount of $448,827, plus a contingency of $10,000, for a total amount not to exceed $458,827, subject to non - substantive changes approved by the City Manager and City Attorney. 22F. APPROVE A CONTRACT AMENDMENT FOR OFFICE FURNITURE, INSTALLATION, AND RELATED SERVICES FOR NEWHOPE LIBRARY WITH THE ESTABLISHED CITY VENDORS TO INCREASE THE AGGREGATE AMOUNT BY $200,000, TO BE FUNDED BY THE CANNABIS PUBLIC BENEFIT FUND {STRATEGIC PLAN NO. 5, 6) - Finance and Management Services Agency, Library Department and Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute a contract amendment for office furniture, installation and related services for Newhope Library with the established City vendors to increase the aggregate amount by $200,000 to be funded by the Cannabis Public Benefit Fund, subject to non -substantive changes approved by the City Manager and City Attorney. PROJECTS/CHANGE ORDERS 23A. AMEND THE CONSTRUCTION CONTRACT WITH G.J. GENTRY GENERAL ENGINEERING, INC., BY $150,000, FOR A NEW CONTRACT DELIVERY TOTAL OF $1,779,500 TO CONSTRUCT THE CITYWIDE SEWER MAIN IMPROVEMENTS PROJECT (PROJECT NO. 17-6437) {STRATEGIC PLAN NOS. 6, 1 B & 1 C) — Public Works Agency MOTION: Approve an increase of $150,000 to the G.J. Gentry General Engineering, Inc, construction contract to cover costs related to unforeseen conditions encountered during construction. AGREEMENTS DRAFT CITY COUNCIL MINUTES 13 JANUARY 21, 2020 10A-13 25A. APPROVE AN AGREEMENT WITH DMS FACILITY SERVICES TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT CITY PARKS AND FACILITIES FOR AN ANNUAL AMOUNT NOT TO EXCEED $3,646,500 TO BE FUNDED BY THE GENERAL FUND AND PARKING METER FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency and Police Department MOTION. Authorize the City Manager to execute an agreement with DMS Facility Services to provide landscape maintenance services at city parks, Police Department PAAL, and other city parking lots and sites for an annual amount not to exceed $3,646,500, which includes a 10% contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $14,586,000, to be funded by the General Fund and Parking Meter Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-001 was approved. 25B. APPROVE AN AGREEMENT WITH PCA ARBORISTS & CONSULTANTS, INC. DBA PACIFIC COAST HORTICULTURISTS TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK FOR AN ANNUAL AMOUNT OF $565,131.60 (TOTAL NOT TO EXCEED $2,260,526.40) TO BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with PCA Arborists & Consultants, Inc., dba Pacific Coast Horticulturists, to provide landscape maintenance services at the Santa Ana Zoo at Prentice Park for an annual amount not to exceed $565,131.60, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $2,260,526.40 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-002 was approved. 25C. APPROVE AN AGREEMENT WITH LANDSCAPE WEST MANAGEMENT SERVICES, INC. TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT THE CITY OF SANTA ANA CIVIC CENTER FOR AN ANNUAL AMOUNT OF $609,151.40 (TOTAL NOT TO EXCEED $2,436,604.60) TO BE FUNDED BY THE CIVIC CENTER FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Landscape West Management Services, Inc. to provide landscape maintenance services at the City of Santa Ana Civic Center for an annual amount not to exceed $609,151.40, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024, for a total agreement amount of $2,436,605.60 to be funded by the Civic Center Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-003 was approved. DRAFT CITY COUNCIL MINUTES 14 JANUARY 21, 2020 1 OA-14 25D. APPROVE AGREEMENTS WITH MAJOR LEAGUE INFIELDS, INC. AND PROFESSIONAL SPORTS FIELD MAINTENANCE, INC. TO PROVIDE IN -FIELD BALL DIAMOND MAINTENANCE SERVICES AT CITY PARKS FOR AN ANNUAL AMOUNT NOT TO EXCEED $323,626.60 AND $66,595.10, (TOTAL AGREEMENT AMOUNTS OF $1,294,506.40 AND $266,380.40)TO BE FUNDED BY THE GENERAL FUND {STRATEGIC PLAN NO. 6, 1 B) — Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute agreements with Major League Infields, Inc. and Professional Sports Field Maintenance, Inc. to provide in -field ball diamond maintenance services at city parks for an annual amount not to exceed $323,626.60 and $66,595.10, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for total agreement amounts of $1,294,506.40 and $266,380.40 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX and Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-004 and Agreement No. 2020-005 was approved. 25E. APPROVE AN AGREEMENT WITH PEST OPTIONS, INC. TO PROVIDE INTEGRATED PEST MANAGEMENT AND PEST CONTROL SERVICES AT CITY PARKS AND FACILITIES, SANTA ANA ZOO AND CIVIC CENTER FOR AN ANNUAL AMOUNT OF $787,593.66 (TOTAL NOT TO EXCEED $3,150,374.64) TO BE FUNDED BY THE GENERAL FUND AND CIVIC CENTER FUND {STRATEGIC PLAN NO. 6, 1 B)— Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Pest Options, Inc. tc provide integrated pest management and pest control services at city parks and facilities, Santa Ana Zoo and Civic Center for an annual amount not to exceed $787,593.66, which includes a 10 percent contingency, for the period from February 1, 2020 to January 31, 2024 for a total agreement amount of $3,150,374.64 to be funded by the General Fund and Civic Center Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-006 was approved. 25F. APPROVE AN AGREEMENT WITH BLUERAY MANAGEMENT, LLC. FOR MANAGEMENT AND OPERATION SERVICES OF THE AQUATICS PROGRAMS AT CITY POOLS FOR AN ANNUAL AMOUNT NOT TO EXCEED $169,467 (TOTAL AMOUNT OF $508,401) TO BE FUNDED BY THE GENERAL FUND AND CANNABIS FUND {STRATEGIC PLAN NO. 5, 61 - Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager to execute an agreement with Blueray Management, LLC. for management and operation services of the aquatic programs at City pools for an annual amount not to exceed $169,467 for the period January 21, 2020 to January 20, 2021, with two, one-year renewal options, for a total agreement amount of DRAFT CITY COUNCIL MINUTES 15 JANUARY 21, 2020 10A-15 $508,401.00, to be funded by the General Fund and Cannabis Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2020-XXX). Motion to Adopt Authorize the City Manager to execute an agreement with Blueray Management, LLC. for management and operation services of the aquatic programs at City pools for an annual amount not to exceed $169,467 for the period January 21, 2020 to January 20, 2021, with two, one-year renewal options, for a total agreement amount of $508,401.00, to be funded by the General Fund and Cannabis Fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) This consent Item - Agreement No. 2020-007 was approved. 25G. APPROVE A THREE-YEAR AGREEMENT FOR VOLUME LICENSING AND MAINTENANCE FOR MICROSOFT SOFTWARE AND PRODUCTS THROUGH SOFTWARE ONE, INC. FOR AN AMOUNT NOT TO EXCEED $1,200,000 TO BE FUNDED BY THE INFORMATION TECHNOLOGY FUND {STRATEGIC PLAN NO. 7, 2D) - Information Technology Department MOTION. Approve and authorize the City Manager to execute an agreement to renew licensing solution provider agreement with Software One, Inc. for the purchase of Microsoft software licenses, for a three-year period, beginning February 1, 2020, through January 31, 2023, in the amount not -to -exceed $1,200,000, subject to non -substantive changes and approved by the City Manager and City Attorney. Authorize the City Manager to execute the Microsoft Enterprise Enrollment Agreement from February 1, 2020 to January 31, 2023 for volume licensing and maintenance (Agreement No. A-2020- XXX). This consent Item - Agreement No. 2020-008 was approved. DRAFT CITY COUNCIL MINUTES 16 JANUARY 21, 2020 10A-16 25H. APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA URBAN FORESTS COUNCIL AND WEST COAST ARBORISTS, INC., FOR STREET TREE PLANTING SERVICES {STRATEGIC PLAN NOS. 6, 1 B & 1 F) — Public Works Agency MOTION: Authorize the City Manager to execute a Memorandum of Understanding with the California Urban Forests Council and West Coast Arborists, Inc., to plant trees, from February 2020 through March 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-009 was approved. 251. APPROVE AN AGREEMENT WITH IMMIGRANT DEFENDERS LAW CENTER FOR IMMIGRATION LEGAL DEFENSE SERVICES IN AN AMOUNT NOT TO EXCEED $180,000 TO BE FUNDED BY THE GENERAL FUND — City Manager's Office MOTION: Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2020 and ending October 31, 2020, in an amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). PUBLIC COMMENT - Lisa Okamoto spoke in support of the item. Motion to Approve the Consent Calendar items Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents, for a term beginning February 1, 2020 and ending October 31, 2020, in an amount not to exceed $180,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). moved by Councilmember Solorio seconded by Councilmember Sarmiento. Councilmember Solorio motioned to approve the consent calendar items, seconded by Councilmember Sarmiento. MOTION: Councilmember SECOND: Councilmember Sarmiento Solorio VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (6) NOES: Mayor Pro Tern Villegas (1) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 17 JANUARY 21, 2020 10A-17 This consent Item - Agreement No. 2020-010 was approved. 25J. APPROVE AN AMENDMENT TO THE AGREEMENT WITH ATHENS SERVICES, INC. TO EXERCISE A FOUR-YEAR RENEWAL TERM FOR STREET SWEEPING SERVICES FOR AN ANNUAL AMOUNT OF $1,047,222 (TOTAL NOT TO EXCEED $4,188,888) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 B) — Public Works Agency MOTION. Authorize the City Manager to execute an amendment to the agreement with Athens Services, Inc., for street sweeping services for a four-year period, beginning July 1, 2020, and expiring June 30, 2024, increasing the rate to $17.63 per curb mile, for a total service cost of $952,020, plus a 10 percent contingency of $95,202, for a total annual amount not to exceed $1,047,222, and a four-year total of $4,188,888, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-011 was approved. 25K. APPROVE AN AGREEMENT WITH TETRA TECH, INC., TO PROVIDE DESIGN ENGINEERING SERVICES FOR THE FIRST STREET PEDESTRIAN IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED $439,998 (PROJECT NO. 19-6944) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1A & 1 F) — Public Works Agency MOTION. Authorize the City Manager to execute an agreement with Tetra Tech, Inc., to provide engineering consultant services for the First Street Pedestrian Improvements Project, for a one-year term beginning January 21, 2020, and expiring January 20, 2021, with an option for a one-year extension exercisable by the City Manager and City Attorney, in the amount of $399,998, plus a 10 percent contingency of $40,000, for a total amount not to exceed $439,998, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-012 was approved. 25L. APPROVE AN AGREEMENT AMENDMENT WITH ARAMARK CORRECTIONAL SERVICES IN THE AMOUNT OF $500,000 FOR INMATE FOOD AND COMMISSARY SERVICES {STRATEGIC PLAN NO 1, 3A) — Police Department MOTION. Authorize the City Manager to execute an amendment to an agreement with Aramark Correctional Services to provide inmate food and commissary services for the period of February 1, 2020 through June 30, 2020, for a total -not -to -exceed amount of $500,000 (including a $35,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2020-XXX). This consent Item - Agreement No. 2020-013 was approved. "END OF CONSENT CALENDAR" BUSINESS CALENDAR DRAFT CITY COUNCIL MINUTES 18 JANUARY 21, 2020 10A-18 RESOLUTIONS 55A. ADOPT A RESOLUTION SUPPORTING EXTENSIONS OF THE OC STREETCAR (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C, 413; 6, 1G) — Public Works Agency MOT/ON. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF EXTENSIONS OF THE OC STREETCAR PUBLIC COMMENTPaul Berry spoke in support of this item. Motion to Adopt RESOLUTION NO. 2020-001 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF EXTENSIONS OF THE OC STREETCAR moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to adopt, seconded by Councilmember Bacerra. MOTION: Mayor SECOND: Councilmember Bacerra Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio, Councilmember Bacerra (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Mayor Pulido announced that public comments on Item 85B will be taken, prior to discussion on Item 60A. ADMINISTRATIVE MATTERS - BUSINESS 60A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018- 10 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET; OR DIRECT STAFF TO PREPARE AN INITIATIVE MEASURE FOR CITY COUNCIL CONSIDERATION AT THE NEXT REGULAR MEETING {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency and City Attorney's Office Continued from the December 17, 2019 City Council meeting by a vote of 7-0 and December 3, DRAFT CITY COUNCIL MINUTES 19 JANUARY 21, 2020 10A-19 2019 City Council meeting by a vote of 7-0. Placed on first reading at the November 19, 2019 City Council meeting and approved by a vote of 4-3 (Bacerra, Pulido and Villegas dissented). Published in the Orange County Reporter on November 22, 2019. 1. Conduct second readings of the ordinances and adopt. ORDINANCE NO. NS-2979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. ORDINANCE NO. NS-2980 - AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY m 2. Discuss and direct staff to prepare an initiative measure for City Council consideration at the next regular meeting to submit the proposed zone change and development agreement to the voters of Santa Ana in accordance with California Elections Code Section 9222. Iall:]I[+ZK61JAIJi1:11►15 Brian Poteraj spoke in opposition to the project. Dimitri Lujan spoke in opposition to the project. Christine Denny-Helvig spoke in opposition to the project. Miguel Ortiz spoke in opposition to the project and in support of a ballot initiative. Ed Murashie spoke in opposition to the project. Ellen Koldeway spoke in opposition to the project and in support of a ballot initiative. Rory Kirk spoke in opposition to the project. Michael Plantamura spoke in opposition to the project. DRAFT CITY COUNCIL MINUTES 20 JANUARY 21, 2020 1 OA-20 Lewis Wood spoke in support of the street car project and in support of the 2525 N. Main development. Giles Candy spoke in opposition to the project. Kelly Medina spoke in opposition to the project. Sue McDonald spoke in opposition to the project and in support of a ballot initiative. Genelle Johnson spoke in opposition to the project and in support of a ballot initiative. Frank Lopez spoke in opposition to the project and in support of a ballot initiative. Billy Leigh spoke in opposition to the project and in support of a ballot initiative. Esther Lopez spoke in opposition to the project and in support of a ballot initiative. Karyn Igar spoke in opposition to the project. Lynne Zwickl spoke in opposition to the project. Diane Fradkin spoke in opposition to the project and in support of a ballot initiative. John Fradkin spoke in opposition to the project and in support of a ballot initiative. Michael O'Valle spoke in opposition to the project and in support of a ballot initiative. Stephen Gorgone spoke in opposition to the project and in support of a ballot initiative. Thomas Cartney spoke in opposition to the project and in support of a ballot initiative. Cathy Morehead spoke in opposition to the project and in support of a ballot initiative. Carl Benninger spoke in opposition to the project and in support of a ballot initiative. Angel Barnes spoke in opposition to the project and in support of a ballot initiative. Charles Krolikowski, Partner of Newmeyer & Dillion LLP, spoke in opposition to the project and in support of a ballot initiative. Dale Helvig spoke in opposition to the project and in support of a ballot initiative. Motion to Approve direct staff to prepare an initiative measure for City Council consideration at the next regular meeting to submit the proposed zone change and development agreement to the voters of Santa Ana in accordance with California Elections Code Section 9222. moved by Mayor Pro Tern Villegas seconded by Councilmember Bacerra. DRAFT CITY COUNCIL MINUTES 21 JANUARY 21, 2020 1 OA-21 Mayor Pro Tern Villegas motioned to approve, seconded by Councilmember Bacerra. Jd9111IQLI VOTE: Motion failed. Mayor Pro SECOND: Councilmember Bacerra Tern Villegas AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN: None (0) ABSENT: None (0) Motion to Adopt 60A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018-10 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET moved by Councilmember Solorio, motion lost due to lack of a seconded Motion to Deny SECOND READINGS OF ORDINANCE NO. NS-2979 AND ORDINANCE NO. NS-2980. moved by Councilmember Bacerra seconded by Mayor Pro Tem Villegas. Councilmember Bacerra motioned to deny, seconded by Mayor Pro Tern Villegas. MOTION VOTE: Motion failed. Councilmember SECOND: Mayor Pro Tern Villegas Bacerra AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN ABSENT: None (0) None (0) Motion to Adopt second readings of the ordinances: DRAFT CITY COUNCIL MINUTES 22 JANUARY 21, 2020 1 OA-22 ORDINANCE NO. NS-2979 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. ORDINANCE NO. NS-2980 -AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY moved by Councilmember Solorio seconded by Councilmember Iglesias. Councilmember Solorio motioned to adopt, seconded by Councilmember Iglesias. MOTION: Councilmember SECOND: Councilmember Iglesias Solorio VOTE: AYES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (4) NOES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Bacerra (3) ABSTAIN: None (0) ABSENT: None (0) Mayor Pulido recessed the meeting at 10:06 p.m. and reconvened at 10:21 p.m. Meeting went into Recess Meeting Reconvened Mayor Pulido announced that Item 75A will be taken out of order, prior to discussion of Item 65A. REPORTS 65A. APPROVE DISPLAY OF "E PLURIBUS UNUM" IN CITY COUNCIL CHAMBERS AND DIRECT STAFF TO INSTALL THE PREFERRED INSTALLATION OPTION {STRATEGIC PLAN NOS. 1-7) - Public Works Agency Continued from the December 3, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). DRAFT CITY COUNCIL MINUTES 23 JANUARY 21, 2020 1 OA-23 1. Approve the display of "E Pluribus Unum," Latin for "Out of Many, One," in City Council Chambers. 2. Direct staff to install one of the following installation options: Option #1 or #2 - $19,000 estimated budget Option #1: Install the Motto and Seal in a stacked configuration, above the existing alcove. Option #2: Install the Motto and Seal side -by -side, above the existing alcove. Option #3 or #4 - $25,000 estimated budget Option #3: Install the Motto and Seal in a stacked configuration, above the existing alcove, with a curtain system. Option #4: Install the Motto and Seal side -by -side, above the existing alcove, with a curtain system. Motion to Approve Option #2: Install the Motto and Seal side -by -side, above the existing alcove. moved by Councilmember Penaloza seconded by Councilmember Solorio. Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (4) NOES: Mayor Pro Tern Villegas, Councilmember Sarmiento (2) ABSTAIN: None (0) ABSENT: Councilmember Iglesias (1) 65B. DIRECT STAFF TO PREPARE A RESOLUTION ESTABLISHING A CHARTER REVIEW COMMITTEE AND CALLING FOR APPLICATIONS {STRATEGIC PLAN NO. 5, 1) - City Manager's Office Direct staff to prepare a resolution establishing a Charter Review Committee for consideration at the February 4, 2020 City Council meeting. DRAFT CITY COUNCIL MINUTES 24 JANUARY 21, 2020 1 OA-24 2. Call for applications to serve on a Charter Review Committee. Motion to Approve Ad Hoc Committee comprised of Bacerra, Penaloza, Solorio. moved by Councilmember Penaloza seconded by Mayor Pulido. Councilmember Penaloza motioned to approve, seconded by Mayor Pulido. MOTION: Councilmember SECOND: Mayor Pulido Penaloza VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (5) NOES: Mayor Pro Tern Villegas (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) Councilmember Sarmiento left the meeting at 11:45 65C. DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING AMERICAN SIGN LANGUAGE SERVICES FOR CITY COUNCIL MEETINGS {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Discuss and provide direction to staff regarding American Sign Language Translation Services at City Council meetings. Requested that staff come back to council after meeting with nonprofit organizations and understand the need and metrics to determine the need; find the cost for closed captioning; and look at what other jurisdictions are doing. 65D. DISCUSS AND CONSIDER DIRECTING STAFF TO RESTRUCTURE OR DISBAND ONE OR MORE EXISTING CITY COUNCIL COMMITTEES AND MAKE ANY APPOINTMENT CHANGES {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Discuss and consider directing staff to restructure or disband one or more existing City Council Committees and make any appointment changes. With no objection, Mayor Pulido continued the item to the next meeting. DRAFT CITY COUNCIL MINUTES 25 JANUARY 21, 2020 1 OA-25 Motion to Approve to continue item to next meeting. moved by Mayor Pulido seconded by Councilmember Bacerra. Mayor Pulido motioned to approve, seconded by Councilmember Bacerra. MOTION: Mayor Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: II�J:l�[ypl�_1:71►[e�y SECOND: Councilmember Bacerra Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (6) None (0) None (0) Councilmember Sarmiento (1) 75A. PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 2019-10 TO ALLOW THE SALE OF DISTILLED SPIRITS FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2019-11 TO ALLOW AFTER HOURS OPERATIONS FOR MARISCOS HECTOR #1 LOCATED AT 1801 SOUTH MAIN STREET, UNITS D AND E {STRATEGIC PLAN NO. 3, 2) — Planning and Building Agency Legal Notice published in the Orange County Reporter on January 10, 2020 and notices mailed on January 9, 2020. MOT/ON: It is recommended that the City Council take one of the following actions: 1. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 as conditioned for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; and b. Continue Conditional Use Permit No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration; or 2. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; and DRAFT CITY COUNCIL MINUTES 26 JANUARY 21, 2020 1 OA-26 b. Continue Conditional Use Permit No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration; or 3. Adopt a resolution denying Conditional Use Permit No. 2019-10 and Conditional Use Permit No. 2019- 11. Mayor Pulido announced that Public Hearing item 75A would be heard prior to item 65A; and that he is recusing himself from item 75A in an abundance of caution. Presented by Minh Thai, Executive Director of Planning and Building Agency. Mayor Pro Tern Villegas opened the public hearing at 10:33 p.m. Iall:II[NZKe7d11J11:11►11 Mark K. Gaughan, on behalf of the applicant, spoke in support of the project. Gustavo Urnea spoke in support of the project. Richard F. Garcia spoke in support of the project. Arthur G. Newton spoke in support of the project. Ernesto Martinez spoke in support of the project. Germon Farias speaker spoke in support of the project. Jose Tariffa spoke in support of the project. Enrique Mendoza spoke in support of the project. Victor Mendez spoke in support of the project. Maria Sebold, applicant, spoke in support of the project. Ruben Smith spoke in support of the project. Mark K. Caughan, on behalf of the applicant, spoke in support of the project. Mayor Pro Tern Villegas seeing no one else wishing to speak closed the public hearing. Motion to Adopt as amended 2. a. Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; soundproof back room (east side); and have security provided; b. omit Conditional Use Permit DRAFT CITY COUNCIL MINUTES 27 JANUARY 21, 2020 1 OA-27 No. 2019-11 to allow after-hours operation to July 28, 2020 for Planning Commission consideration (which allows to review within six months) moved by Councilmember Sarmiento seconded by Mayor Pro Tern Villegas. Councilmember Sarmiento motioned to adopt as amended, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember Sarmiento VOTE: AYES: kiP7: &5 ABSTAIN No action. SECOND: Mayor Pro Tern Villegas Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Sarmiento (3) Councilmember Penaloza, Councilmember Solorio, Councilmember Bacerra (3) None (0) None (0) Motion to Adopt a resolution denying Conditional Use Permit No. 2019-10 and Conditional Use Permit No. 2019-11. moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to adopt, seconded by Councilmember Bacerra. MOTION VOTE: Motion failed. Councilmember SECOND: Councilmember Bacerra Penaloza AYES: Councilmember Penaloza, Councilmember Bacerra (2) NOES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Sarmiento, Councilmember Solorio (4) ABSTAIN ABSENT: None (0) None (0) Motion to Adopt a resolution approving Conditional Use Permit No. 2019-10 with added conditions for a Type 47 Alcoholic Beverage Control (ABC) License and allow the sale of distilled spirits in addition to the beer and wine currently sold on the premises; soundproof back room (east side); and have security provided; and denying the after-hours operation. Conditions DRAFT CITY COUNCIL MINUTES 28 JANUARY 21, 2020 1 OA-28 to include: a six-month review, sound barrier efforts in front and back of establishment, additional security, and property management. moved by Councilmember Sarmiento seconded by Councilmember Penaloza. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Penaloza. MOTION: Councilmember SECOND: Councilmember Penaloza Sarmiento VOTE: AYES: Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento (4) NOES: Councilmember Solorio, Councilmember Bacerra (2) ABSTAIN: None (0) ABSENT: None (0) Item 65A considered after discussion of Item 75A. 75B. PUBLIC HEARING - AMENDMENT APPLICATION NO. 2018-09 FOR THE CALVARY CHURCH MASTER PLAN LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,2) - Planning and Building Agency Planning Commission approved recommended action on December 9, 2019 by a vote of 5-0 (Cano absent). Legal Notice published in the Orange County Reporter on January 10, 2020 and notices mailed on January 9, 2020. 1. Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Calvary Church Master Plan, Environmental Review No. 2009-19; and, 2. Adopt an ordinance approving Amendment Application No. 2018-09 to create the Specific Development No. 95 (SD-95) zone. Mayor Pullido opened the public hearing at 11:52 p.m. PUBIC COMMENT: Michael Welles, applicant, spoke in support of the item. Carlo Bonanni expressed concern about the traffic related to the item. Presented by Minh Thai, Executive Director of Planning and Building Agency. Motion to Adopt DRAFT CITY COUNCIL MINUTES 29 JANUARY 21, 2020 1 OA-29 1. Adopt a resolution adopting the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program for the Calvary Church Master Plan, Environmental Review No. 2009-19; and, 2. Adopt an ordinance approving Amendment Application No. 2018-09 to create the Specific Development No. 95 (SD-95) zone. moved by Mayor Pro Tem Villegas seconded by Councilmember Iglesias. Mayor Pro Tern Villegas motioned to adopt, seconded by Councilmember Iglesias. MOTION: Mayor Tern Villegas VOTE: AYES: Pro SECOND: Councilmember Iglesias NOES: ABSTAIN: ABSENT: Mayor Pulido, Councilmember Bacerra (4) Councilmember Solorio (2) None (0) Mayor Pro Tern Villegas, Iglesias, Councilmember Penaloza, Councilmember Councilmember Sarmiento (1) REVISED (ADDED ITEM 85B) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS THE FORM 602 AND DIRECT CITY MANAGER TO DIRECT STAFF TO MAIL THE FORM 602 TO ALL BUSINESS OWNERS IN SANTA ANA AND ASK STAFF TO PROVIDE THE FORM 602 TO ALL BUSINESSES APPLYING FOR A LICENSE - Councilmember Iglesias Support to identify hotspots and reach out to those businesses via brochure. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER VIA HER AUTHORITY TO REQUEST THE POLICE DEPARTMENT AND OTHER CITY DEPARTMENTS TO FULLY ENFORCE OUR ANTI -CAMPING, ANTI -PANHANDLING AND RELATED LAWS. AN EDUCATION COMPONENT SHOULD BE INCLUDED TO OFFER DRUG TREATMENT, MENTAL HEALTH AND HOUSING SERVICES TO INDIVIDUALS VIOLATING THESE LAWS. GIVEN THE SUBSTANTIAL MEASURE X TAX REVENUE WE ARE NOW RECEIVING FROM OUR TAXPAYERS AND OUR ABILITY TO ENFORCE THESE LAWS, THIS NEEDS TO BE A TOP PRIORITY, ESPECIALLY IN "HOT SPOT' PUBLIC AREAS COMMONLY USED BY CHILDREN AND FAMILIES - Councilmember Solorio DRAFT CITY COUNCIL MINUTES 30 JANUARY 21, 2020 1 OA-30 PUBLIC COMMENT Linn Lee spoke in support of the item. Jose Sandoval spoke in support of the item. Per Councilmember Solorio's request, Mayor Pulido announced that Item 85B will be continued to the next meeting. Mayor Pulido recessed the regular meeting and convened to the Housing Authority meeting at 12:10 a.m. Chairperson Pulido adjourned Housing Authority session meeting and convened to the Successor Agency meeting on January 22, 2020, at 12:11 a.m. Mayor Pulido adjourned the Successor Agency meeting and reconvened to the regular meeting at 12:11 a.m. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). John Earl spoke regarding education and water rates. Oscar Rodriguez spoke in opposition to the proposed desalination project in Huntington Beach. Carl Benninger spoke regarding the need of painting street address numbers on curbs. Juan Gonzalez spoke regarding water conservation and natural gas. Carlo Bonanni spoke regarding the success of the tamale festival; success from the Union Pacific clean-up; and powerplant use. Victor Mendez spoke regarding another AS option. 90A. CITY MANAGER'S COMMENTS Kristine Ridge, City Manager, provided a brief presentation updating the Quality of Life Team clean-up efforts. 0111-We]IW1906111►[a]IIJAI :4Jil:]A:ZK61JiI JAIA01& AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the DRAFT CITY COUNCIL MINUTES 31 JANUARY 21, 2020 1 OA-31 Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 2. Oral Reports from standing or ad -hoc city COUNCIL COMMITTEES Councilmember Bacerra made community announcements. Councilmember Iglesias left the meeting at 12:10 a.m. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, February 4, 2020 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Mayor Pulido adjourned the meeting on January 22, 2020 at 12:29 a.m. DRAFT CITY COUNCIL MINUTES 32 JANUARY 21, 2020 1 OA-32 LS 12.9.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-09 REZONING TWO PROPERTIES LOCATED AT 1010 AND 1100-B NORTH TUSTIN AVENUE FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 95 (SD-95) (AA NO. 2018-09) AND ADOPTING SPECIFIC DEVELOPMENT NO. 95 (SD-95) FOR SAID PROPERTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2018-09 has been filed with the City of Santa Ana to change the zoning district designation of certain real properties located at 1010 and 1100-B North Tustin Avenue from Professional (P) to Specific Development No. 95 (SD-95). The Specific Development No. 95 zoning district would allow the development of the Calvary Church Master Plan, which would include a church facility, educational facility and office development on three parcels totaling 10.8 acres of land. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on December 9, 2019, on Amendment Application No. 2018-09 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2018-09, which is consistent with the City's General Plan. C. The City Council conducted a duly noticed public hearing on January 21, 2020 to consider Amendment Application No. 2018-09 and the Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, at which hearing members of the public were afforded an opportunity to comment upon Amendment Application No. 2018-09. D. The City Council hereby adopts as findings all facts presented in the Request for Council Action dated January 21, 2020 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2018-09 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Ordinance No. NS-XXXX Page 1 of 3 11 A-1 Section 2. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2009-19) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2009-19 meets all requirements of CEQA. Section 3. The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs and it will not adversely affect the health, safety, and welfare of the public, or create any adverse impacts to the environment. The City Council further finds that the amendment application to change the zoning designation from Professional (P) to Specific Development 95 (SD-95) is consistent with Santa Ana Municipal Code section 41-593.1 to protect and promote the public health, safety and general welfare of the city and its residents. Section 4. The real properties located at 1010 and 1100-B North Tustin Avenue in Santa Ana are hereby re-classified from Professional (P) to Specific Development No. 95 (SD-95). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 5. Specific Development No. 95 (SD-95) is attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein is approved and adopted in its entirety. Section 6. This ordinance shall not be effective unless and until Resolution No. 2020- (Environmental Review No. 2009-19) is adopted and becomes effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 7. 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. Ordinance No. NS-XXXX Page 2 of 3 11 A-2 ADOPTED this day of 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX Page 3 of 3 11 A-3 4f' S9-9 n Wro CC C1 R1 £ o PO CS q F P CG ¢ p z CS z cs � a Ct I mam L Rt t �mx Rt m m M1 a M1 Cz/OZ1 f YG SO T)9B Rl —� Ri 9 � l R1� 3 �' 3iawiono. R1 ST R1 R1 E4TH ST 505MOzl P/ l P" S05MOzl V O J a 021 m 5M02_ V ISIST ]ro21 C 1 1 Ci/OZt Cz/Oz1 O A Zt - C510z1 Zt 510 1 avers, D— ai M ZONING DISTRICTS R1 r � R1 i R1 cmzt I cl I moo■ z Al GENERAL AGRICULTURAL CSM SOUTH MAN STREET COMMERCIAL DIST_ R2 TWD-FAMLY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITVCOMMERCIAL GC GOVERNMENTCENTER R3 MULTIPLE - FAMILY RESIDENCE -OZ OVERLAYZONE Cl-MD COMMUNITY COMMERCIAL - MUSEUM DIST_ M1 LIGHTINDUSTRIAL R4 SUBURBANAPARTMENT PLANNED RESIDENTIAL -PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SO SPECFICOEVELOPMENT -HD2 HEIGHTDISTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE - FAMILY RESIDENCE OZ1 METRO EAST OVERLAYZONE SECTIONAL DISTRICT MAP: 8-5-9 e CITY OF SANTA ANA, CALIFORNIA 11 A-4 SPECIFIC DEVELOPMENT PLAN NO. 95 (SD-95) Calvary Church of Santa Ana SECTION 1— APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 95 (SD-95) for the Calvary Church of Santa Ana project site is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 95 contains the specific standards and regulations contained in the commercial and professional office districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 — PURPOSE The Specific Development Plan No. 95 for the Calvary Church of Santa Ana campus consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. A primary goal of the Specific Development zoning is for current and future uses and development of the property for the next 10 to 30 years. SECTION 3 — Uses permitted in Specific Development No. 95 The following uses are permitted in the SD-95 district: a) Worship Center with a maximum seating capacity of 1,865 seats b) Chapel with a maximum seating capacity of 600 seats c) Professional and Administrative Offices d) Fellowship Hall (with Kitchen facilities) e) Gymnasium 0 Student Center g) Educational Facilities • Daycare (maximum of 75 children) • Preschool (maximum of 160 students) • Elementary & Intermediate School (maximum of 675 students) h) Playground and Athletic field i) Parking lots, including parking structure(s). • Parking structures may incorporate professional offices, and a sports field (with no field lights) on the top deck. j) Restaurants (including catering kitchen and related services) k) Bookstore 11 A-5 1) Library m) Art Studio and Gallery n) Wedding venue o) Community Garden and store p) Parsonage, staff, or missionary housing q) Medical, Dental, and/or counseling offices r) Fitness and Exercise facilities (inside and outside) s) Minor wireless communication facilities t) Solar power systems u) Accessory uses and structures, incidental and subordinate to the principal permitted use. An updated shared parking plan may be required v) Temporary uses, pursuant to the standards established in the Zoning Code and consistent with the purposes of this plan w) Otheruses, not listed above, which are determinedby the Planning Directorto be similar to those listed above SECTION 4 — Uses subject to a conditional use nermit in Specific Development No. 95 (a) Parking structures that exceed two levels or 30 feet in height (b) Structures above the height maximums as covered in Section 7 (c) Major wireless communication facilities SECTION 5 — Minimum lot area in Specific Development No. 95 The subject site shall have a minimum lot area of 10 acres. Additionally, contiguous property less than 1 acre in size, acquired by Calvary Church of Santa Ana in the future, may be added to the overall development site acreage and shall be subject to the rules and regulations of this development plan. SECTION 6 — Minimum street frontage in Specific Development No. 95 • Tustin Avenue shall have a minimum street frontage of at least 800 feet. • Fruit Street shall have a minimum street frontage of at least 580 feet. • Wellington Avenue shall have a minimum street frontage of at least 650 feet. Currently, the property is subdivided into three parcels with lots having less than minimum frontage on Tustin Avenue. This issue will be addressed with the combining of these lots through the appropriate subdivision action in the future. 11 A-6 SECTION 7 — Building height in Specific Development No. 95 No structure shall exceed 60 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure, except new structures located 350 feet behind the front yard property line (Tustin Avenue) and outside the required 50-foot rear yard setback shall not exceed 40 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. Minor architectural elements, elevator shafts, steeples, and towers of an incidental nature may exceed the height limit as deemed appropriated by the Planning Manager. SECTION 8 — Floor Area ratio in Specific Development No. 95 The maximum Floor Area Ratio (FAR) of the entire property shall not exceed 1.0. The total square feet of parking structures shall be included in the FAR calculation. All square footages of a structure located below grade shall not be included in the FAR calculation. SECTION 9 — Front yard (Tustin Avenue) in Specific Development No. 95 A front yard setback of 10 feet shall be required. SECTION 10 — Side yards in Specific Development No. 95 A side yard of not less than 10 feet (Fruit Street and Wellington Avenue) shall be required. SECTION 11— Rear yards in Specific Development No. 95 There shall be a rear yard building setback of not less than 50 feet for any structure. Parking lots adjacent to residentially zoned or used property shall have a landscaped setback of not less than five feet. SECTION 12 — Development standards in Specific Development No. 95 Lots in the SD-95 zoning district shall comply with the following standards: (a) All trash bins or storage shall be stored within a trash enclosure or completely enclosed building. SECTION 13 — Parking standards in Specific Development No. 95 Off-street parking in the SD-95 zoning district shall comply with the standards set forth in Article XV (Off -Street Parking — Sec.41-1411, churches, chapels and religious meeting halls) of the Santa Ana Municipal Code except for the following: 11 A-7 A total of 854 parking spaces are required for the site, while 1,290 are provided. A minimum of 555 stalls must be provided on -site, with a minimum of 735 spaces allowed off -site through formal off -site parking agreements. SECTION 14 — Si¢nage standards in Specific Development No. 95 Lots in the SD No. 95 zoning district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41-850 through 41- 1000 of the SAMC, with the exception of the standards identified below. (b) Planned sign program details as contained in Exhibit A. SECTION 15—Eandscave standards for Specific Development No. 95 In the SD No. 95 zoning district, all open space and parking areas, where appropriate, shall be landscaped. The site shall comply with the following minimum requirements: a) A minimum of 15% of the entire site including parking areas shall be landscaped. b) A mix of 24-inch and 36-inch box canopy trees for shade shall be provided. Care shall be made to place and group trees in locations near gathering and playground areas to provide shade. c) All trees shall be double -staked. d) Abundant and minimum of 5-gallon size herbaceous perennials/shrubs as foundation planting e) Use of Xeriphytic or dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well -rooted cuttings from flats and planted at appropriate spacing for that particular plant material. f) Irrigation systems: i. A pop-up sprinkler type irrigation system shall be provided for all yards ii. The use of "xeriphytic" or dry climate plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. g) Screening: a. All small utility meters shall be appropriately screened from public view with trelliswork and vines or a hedge type shrub or they shall be incorporated into the structure. b. Any enclosed large structure for utilities must not encroach into any required setback. h) Maintenance: a. All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. 11 A-8 SECTION 16 — Fencing standards in Specific Development No. 95 Lots in the SD No. 95 zoning district shall comply with the following standards: (a) Fencing shall be no taller than six feet in height. (b) Fencing shall consist of decorative wrought iron material with decorative block pilasters spaced no more than 50 feet apart. The decorative pilasters shall be constructed of block material found on the existing campus. (c) Fencing shall be set back no more than two feet from the property line. (d) Pedestrian openings (man doors) shall be provided to allow access to the streets. 11 A-9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE APPROVE AN APPROPRIATION ADJUSTMENT FOR $371,250 AND AUTHORIZE A PURCHASE AGREEMENT TOTALING $495,000 FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 2 (PROJECT NO. 18-6901) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C} /s/Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment of $371,250 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M-Street Construction revenue account and appropriate the same amount to the Measure M2 Competitive Street, Land expenditure account for property acquisition referenced below. 2. Authorize the City Manager to execute a Purchase Agreement for the real property full acquisition and goodwill (if any) with the property owners listed below, subject to non - substantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1 Hoc Van Nguyen & Dung 2246 S. Evergreen Street Full $495,000 Thi Vu (APN 016-212-25) DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening from a four -lane roadway to a six -lane arterial, to address safety issues and provide adequate vehicular capacity; and installing parkway, raised median landscape, storm drain, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of 20A-1 Real Property Purchase Agreement - Warner Avenue Improvements, Phase 2 February 4, 2020 Page 2 the Warner Avenue Improvements project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in winter 2020. The recommended property acquisition is necessary to accommodate the street improvements for Phase 2 (Exhibit 1). The purchase offers were determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner. The compensation amounts listed above are incorporated in the attached agreement (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT A grant award of $10,560,000 in Orange County Transportation Authority (OCTA) Measure M2 Arterial Capacity Enhancements (ACE) funding for Warner Avenue Improvement Project right-of- way activities was recognized in the Fiscal Year 2018-19 Capital Improvement Program. Due to OCTA Board action in May 2019, all M2 payments to the City have been suspended until City regains M2 eligibility. Subsequently, the budget appropriation for this project was not carried forward to the City's Fiscal Year 2019-20 Budget. City staff wishes to proceed with project delivery, as pending M2 funds will be reimbursed to City once compliance with the Maintenance of Effort requirements are accepted by OCTA, with anticipated renewal in early 2020. Therefore, the requested Appropriation Adjustment (Recommended Action No. 1) will reappropriate $371,250 of the grant award to provide sufficient funding to complete this property purchase. If the City does not receive the Measure M2 funding as expected, this project will be backfilled with an alternative funding source. Approval of the requested Appropriation Adjustment will recognize $371,250 in the Measure M- Street Construction Fund, Measure M2 Competitive revenue account (No. 03217002-52332) and appropriate the same amount into the Measure M-Street Construction Fund, Measure M2 Competitive Street, Land expenditure account (No. 03217663-66100). With $123,750 from the City of Tustin contribution already budgeted in the Warner Avenue Improvements Project (No. 18-6901), 20A-2 Real Property Purchase Agreement - Warner Avenue Improvements, Phase 2 February 4, 2020 Page 3 a total of $495,000 will then be available for property acquisition expenditures in FY 2019-20 as follows: Accounting Accounting Unit —Account Fiscal Year Unit — Fund Description No. Description Amount Account No. PROPERTY ACQUISITION FY 2019-20 03217663- Measure M- Measure M2 Competitive $371,250 66100 Street Construction Street — Land FY 2019-20 05917668- Select Street Construction Warner Ave -Tustin CFD — $123,750 66100 (City of Tustin Contribution) Land TOTAL PROPERTY PURCHASE AGREEMENT: $495,000 APPROVED AS TO FUNDS AND ACCOUNTS: Nabil Saba, PE Kathryn Downs, CPA Acting Executive Director Executive Director Public Works Agency Finance and Management Services Agency NS/EWG/JG/KN Exhibits: 1. Location Map 2. Purchase Agreement —APN 016-212-25 20A-3 Z 4 (n MATCHLINE SEE BOTTOM RIGHT 1 016-133-47 1 i 016-133-43 i I mW i 1 og i EVERGREEN ST W i Q CL W Z Q kq ..N '.,,_.._.. �_.._..i.._.I o- EVERGREEN ST STANDARD AVE I: N LD W 016-120-49 1701 E. WARNER AVE I � w Q` W i O z i Na Q I W W I Z I O N 016-150-09 v r i N 1 N a 77 1 —_ + �w ^ o I o� 16-150-74 i 1 ' 1 i Na i I Q W � O ow I I o- N a - I HATHAWAY ST MATCHLINE LEGEND SEE TOP LEFT -SUBJECT PROPERTY -ACQUIRED PROPERTIES EXHIBIT 1 SANTA ANA TITLE: .^PURCHASE AGREEMENTS FOR WARNER AVENUE � IMPROVEMENTS (PROJECT NO 18-e= ftOL1C �, ,�,�, NONGENERAL FUND) [Strateaio Plan No. 6.1. 0 and 3. 2. Cl EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 2019, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and HOC VAN NGUYEN AND DUNG THI VU, husband and wife as joint tenants (hereinafter "Seller'), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2246 S. Evergreen Street, Santa Ana, CA 92707) (APN: 016-212-25) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Ninety -Five Thousand and 00/100 Dollars ($495,000) insuring the title of the City to said real properties are free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of 20A-5 Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240, The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 20A-6 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, the total sum of Four Hundred Ninety -Five Thousand and 00/100 Dollars ($495,000). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of fourteen (14) days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Holdover Seller. At the sole discrepancy of the City, the City may allow the Seller to stay beyond the three days after the close of escrow as stated in Section 7a. In doing so, the Seller will become a Holdover Seller, and will be required to sign an interim rental agreement. Said rental agreement will provide the rental rate and terms of the lease. If the City or its agents fail to provide said rental agreement to Seller and Seller is still in occupancy of the Property after the three days after the close of escrow, then Seller is responsible to contact the City or its agents, to determine as to where to send their rent payment. Failure of City or its agents to present the interim rental agreement to Seller does not absolve the Seller from paying rent. 9. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month/365- day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property 20A-7 collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 10. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 11. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 12. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property. 14. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of 1LM: improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 15. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1013 S. Elliot Place, Santa Ana, CA 92704. 16. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 17. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 18. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601). 19. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and 20A-9 the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 20. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 21. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 22. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 23. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 24. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 25. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 26. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 27. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 28. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to 20A-10 the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 29. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 30. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and 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. 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 20A-11 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: HOC VAN NGUYEN AND DUNG THI VU, husband and wife as joint tenants Hoc Van Nguyen �. Dung"Thi Vu CITY OF SANTA ANA: City/Buyer Kristine Ridge City Manager ATTEST: Daisy Gomez, MMC Clerk of the Council APPROVED AS TO FORM: John M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Acting Executive Director Public Works Agency Date: It — D.t- — I9 Date: _ _ O 2 — 11 Date: Date: Date: 1 2--1L 1 q Date: 20A-12 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 26 IN BLOCK B OF TRACT NO. 1541, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 48 AND 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ASSESSOR'S PARCEL NUMBER: 016-212-25 20A-13 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 20A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 04, 2020 TITLE AWARD CONTRACTS FOR FENCING CONSTRUCTION, MAINTENANCE AND REPAIRS IN THE ANNUAL AMOUNT OF $100,000 (TOTAL NOT TO EXCEED $400,000) (GENERAL FUND) (SPECIFICATION NO. 19-119) {STRATEGIC PLAN NO. 6, 1131 /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award purchase order contracts for fencing construction, maintenance, and repair for a one-year period from February 1, 2020 to January 31, 2021, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount not to exceed $100,000 to be funded by the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Valley Cities Gonzales Fence, Inc. Norco, CA Quality Fence Co., Inc. Paramount, CA Q Fence and Fabrication Inc. Chino Hills, CA DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) General Maintenance Division maintains 44 parks that have fencing as enclosures for sport courts and fields, pools and property lines. Due to the heavy use of the facilities, fences are in constant need of repair and replacement. Over the last few years, many fence projects were put on hold due to lack of funding. As part of the 2019-20 Fiscal Year budget, funding was allocated to address deferred fence maintenance and repairs. The notice inviting bids was advertised on November 26, 2019 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 97 Vendors were notified 4 Santa Ana vendors were notified 24 Vendors downloaded the bid packet 6 Bids received 22A-1 Contracts Award for Fencing Construction, Maintenance and Repairs February 4, 2020 Page 2 0 Bid received from a Santa Ana vendor Bids were received and opened on December 19, 2019, and evaluated (Exhibit 1). The bids received from the vendors identified in the Recommended Action above, are responsive to the specifications and meet the City's requirements. Staff recommends awarding contracts to the three lowest bidders to allow for competitive quotes on future jobs. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds are budgeted and available in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account# Description Description FY 19-20 01113250- General PRCSA-Park Facilities, $100,000 62320 Fund Maint. & Re air / Bldn . & Ground Any contract authority remaining at the end of the fiscal year will be budgeted in the above account for the remaining period of the initial term. Funds will budgeted and made available in the following account for the specified years of the three annual renewal periods if the renewals are exercised: Fiscal Accounting Fund Accounting Unit, Account Annual Year Unit -Account # Description Description Amount FY 21-22 01113250- General PRCSA-Park Facilities, $100,000 62320 Fund Maint. & Repair/ Bldn . & Ground FY 22-23 01113250- General PRCSA-Park Facilities, $100,000 62320 Fund Maint. & Repair/ Bldn . & Ground FY 23-24 01113250- General PRCSA-Park Facilities, $100,000 62320 Fund Maint. & Repair/ Bldn . & Ground 22A-2 Contracts Award for Fencing Construction, Maintenance and Repairs February 4, 2020 Page 3 Lisa Rudloff Executive Director Parks, Rec., and Comm. Services Agency Exhibit: 1. Abstract of Bids Kathryn Downs, CPA Executive Director Finance and Management Services Agency 22A-3 s d Oj J Q Q N N N Q m O O O o o O O O o o O o O O O O O O O o O o O o O N N O O O O O O O � ru'I 9 10 10 10 N N O O N O O O O �1 N N m LL U 0 M M M N M N M M N M U va w w va v3 w va w w w va w 9 m A m ry WIIII N N M N W N N M1 W1 O1 m m LL f9 19 f9 f9 f9 f9 fA fA fA f9 43 f9 Q m o 0 0 0 0 o in o 0 0 0 0 0 y m jp O O O N r N �O W N W W O W O W O N O W 10 M O r 9 C V C M M r r W Q 10 M Q Q 10 W m LL y Q LL e> w w w v3 t9 vs f9 f9 w f9 w W U O o O 0 O 0 N 0 10 0 10 0 O 0 O 0 O 0 O 0 O 0 O 0 O N. M y' G N 10 (O N N O O 10 N 10 N O yN m ✓� V W � N r M O) O M W � r 9 9 M Q N N W Q Q Q Q N 10 N mid a W Ml � va v3 v3 vj vj va va w w va va w LU 0 0 0 0 0 0 0 0 0 0 0 0 U W N=U O O O O O O O O O O O O z W m'- O O O N O O O O O O N O a z y .O C Q (O N N r M 10 M Q W r r m d m az Z Q Q LL iA iA iA w w u3 W w w v3 w w f O O O o 0 0 o O o o O O Q y Y o 0 0 0 0 0 0 0 0 0 0 0 W o M W W W o r Q Q U (J 9 d G y E M N M M M M M M Q 10 V N am>"LL" z a p O U m o S 0 5 m a a m a m a m a m a m c a a a Y Y Y Y Y z '; . . . I L L 'O "O s "O p m L m C m '-' m C m '-' 0 o m o. m n m n o c = a m of m m of m m of m m of m m of m m m m m `m mQ?m0 al m0 m� co co Ud ea c E O om U om U om U ti do Lido LL m N m N M al E wl E - m 'A X ma ma ma` ma ma UI UI m N m = 0 a w a w a w a w a w N N C N m > m L O 6 O' 6M O 6M O X a d m E a m U m -C a m U m -C a m U yJ -C a m U m -C a m U m -C O Ot = Ot Ol a a l a l a N m N w N w N w N w N w p m O m t m N m N m N m N y) C � m c l` m c m m C m m C N m c (` m 'C E - > N > -O N > a > > > a C C m C OI m E m C m E Ol E m C Ol m m E E m C OI m m E E m� E E YI m O L O '-' m m 6 m 6 m a m m w N m w N N N N m III m m TO oI rC oI oIa. " r 6L U U E pL a.r C cO cm O b - y` O, OcOL O Lk`O- O o O o o m mi `L mi m T.0 moi'mxn x MM MM U . m C m C)x m �l U m m m U I U mWm U o U E �m o m m m m m m c m o c c c c a m m m m o m o m o m o m m o m a m m m U c U c o c o c o c o c o as as C U C C C:`-O C Cam' C 4 cm cm ma m mo. ma m o. m � 0 � am mUI UEIN aO N NLI�Fn LI�F LImF .Ic�FNn Vm wUEIN lNcL LLNE lNcL E O 2z m mM 2 e- N s O 9 Q Q N N J m O o 0 0 0 0 0 0 0 M o r r In Q m LL U U M N Q Q N w w va w va w w w 0 0 0 0 0 0 0 0 N = O O O O O O O O N N O O O O O O (7 U m m LL f9 43 fA f9 fA f9 f9 H3 Q m 0 N O O O O O O N y N N U p Q N O N (O M j G C C M Q M Q D) O N m w d LL f9 f9 fA 19 4j f9 43 fA 0 Y C O N O O O O O N a a= r Q r r r e0 i-� N w w va w va » va F» 0 0 o O O O o 0 0 0 0 0 0 0 0 0 N Y O U o r°�i voi o 0 0 0 0 9� u M Q In Q N m ii lL v3 v3 H3 w v3 v3 u3 v3 r m C ci m N U IO U a O N O (O N Q O N O O O O O N O Q 9 T G N E O M Q Q N cO m mU'LLU C O IOO OI x C N � 0 0L X r N C c O U ULM r E of O L L C OU OU .X "O L L J m e m o mm OIL 1p OI C � O VI VI U V m s m n 0 0 o o.o In: 3 m . E U L X �l N w0 jI L -E J O Q O' C O p1 Q -O C Y Y O 0� N N m 'C 5 m c L 3 E 10 m X m C IOj N w •7 = N o _ GN CN OI >m U"OO LpO cm"0cN pO CN N O m:'] , "Oc ON 7 YO rm U NNE M, M O p U Oyd d. N N O N N an UI r N r_ _ O w OU N m O O OI 0 TT oI 'T' cb 'X c`o 'X W N T C O O c a L 0 c o y C L '3 m >=' >=' u m 2 m m c -o m I°n N N o E u E m ul� m �j O Em O Em �°3m U X U 2. 2 oa m �c m m e m 0 m c ° m ° 0 ° m E m ccn o c 0 uai m� m m —cp —oo mE m m 10m 10m mm �°c yI i O N L C r m OI m p1 m m c .O C r cC a M m c E m E m E m E m E 0 E L m -o c c o m -o o -o o -o �- m Y m m p`I L C c C C L m L N 0 L O L m N m m m m m'O N O E E a o a a o 3 Q w a r LL J� J� J LL Q LL LL m o = Z m a ^ - /q� S N co iiT'� O LO N REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE: AUTHORIZE A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $149,355 TO FAIRWAY FORD SALES, INC. FOR THREE FORD TRANSIT CARGO VANS (SPECIFICATION NO. 19-126) {STRATEGIC PLAN NO. 6,21 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Fairway Ford Sales, Inc. for three Ford Transit Cargo Vans in the amount of $130,355, plus a contingency of $19,000, for a total amount not to exceed $149,355, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Fleet Services Division (Fleet Division) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. As a result of the analysis conducted by the Fleet Division, Finance and Management Services Agency — Central Services — is in need of one replacement vehicle (Ford Transit Connect XL) to replace their existing delivery van. The current delivery van was purchased in 2008 and requires excessive maintenance repairs. Due to the extensive use and age of this vehicle, it has proved to be unreliable and expensive to provide ongoing maintenance and repair. The Water Resources Division will add two Ford Transit Cargo Vans to be utilized by the newly established Water Systems Electrician positions. These vehicles will be appointed with specific equipment needed for staff to perform specialized work. The Notice Inviting Bids was advertised on December 9, 2019, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 299 Vendors were notified 17 Santa Ana vendors were notified 9 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors 22B-1 Award Purchase Order for Ford Transit Cargo Vans February 4, 2020 Page 2 The Purchasing Division advertised the project on the City's online bid management and publication system which directly notified 17 Santa Ana vendors. None of the Santa Ana vendors submitted bid packets for consideration. The bids were opened on January 3, 2020, and evaluated (Exhibit 1). The bid submitted from Fairway Ford Sales Inc., is responsive to the specifications and meet the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds are budqeted and available in the followinq accounts for the followinq fiscal year: Fiscal Accounting Fund Description Accounting Unit, Amount Year Unit -Account # Account Description FY 19-20 07110100-66400 General Fund FMSA — Central Svcs. $30,898 Water Utility Water FY 19-20 06017640-66400 Water Fund Production & Supply, $118,457 Machinery & Equipment Total $149, 355 Nabil Saba, PE Acting Executive Director Public Works Agency Exhibit: 1. Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 22B-2 ABSTRACT OF BIDS FORD TRANSIT CARGO VANS (19-126) Fritts Ford Riverside, CA Fairway Ford Sales, Inc. Placentia, CA South Bay Ford Lincoln Hawthorne, CA FORD TRANSIT CONNECT XL Total Price per vehicle $27,336.55 $25,897.72 $26,514.97 Quantity 1 1 1 Purchase Total $27,336.55 $25,897.72 $26,514.97 FORD TRANSIT T350 Total Price per vehicle $58,480.44 $52,228.07 $58,912.40 Quantity 2 2 2 Purchase Total $116,960.89 $104,456.13 $117,824.79 EXHIBIT 1 22B-3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE: AUTHORIZE PURCHASE ORDERS FOR AN AMOUNT NOT TO EXCEED $195,286 TO COURTESY CHEVROLET CENTER AND FOLSOM CHEVROLET FOR SIX VEHICLES (ENTERPRISE FUNDS) (SPECIFICATION NO. 19-115) {STRATEGIC PLAN NO. 6,21 /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ ,K•�►nl►tri�.ic•� FILE NUMBER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase orders for Chevrolet Vehicles in the amount of $128,426 to Folsom Chevrolet and $66,860 to Courtesy Chevrolet, for a total aggregate amount not to exceed $195,286, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency, Fleet Services Division (Fleet Division) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency, Maintenance Services and Water Resources divisions are in need of two Chevy Colorados (work trucks) and four Chevy Traverses (mid -size SUV) to replace five existing, aging fleet vehicles and add one new vehicle. The five vehicles being replaced have exceeded the City's Fleet Services Division's recommended Equipment Lifecycle Guidelines, earning a "terrible" rating, based on industry standards from the Municipal Equipment Maintenance Association, the National Association of Fleet Administrators, and the American Public Works Association. The Maintenance Services Division currently has small passenger vehicles that are not serviceable for daily operations and inspections for the type of field conditions encountered, such as flooded streets during rainstorms, muddy and rugged terrain. Due to their heavy usage and age (2008 models or older), the vehicles are unreliable, constantly breaking down, and require constant repair, while directly affecting quality and expedited service delivery to the community. The four existing vehicles will be replaced with two Chevrolet Traverse vehicles and two Chevrolet Colorado trucks. The existing Water Resources Division employee pool vehicle has exceeded its useful life and is no longer reliable enough to serve its intended purpose. This vehicle will be replaced with a Chevrolet Traverse. An additional Chevrolet Traverse will be added to the fleet to serve as the Mobile Communications Vehicle for Water Resources. This vehicle will house equipment capable 22C-1 Award Purchase Order for Chevrolet Vehicles February 4, 2020 Page 2 of communicating with City staff and the Supervisory Control and Data Acquisition (SCADA) network to manage water distribution functions in emergencies. The Notice Inviting Bids was advertised on October 11, 2019, on the City's online bid management and publication system. A summary of the bid invitation and bids received is as follows: 344 Vendors were notified 6 Santa Ana vendors were notified 11 Vendors downloaded the bid packet 4 Bids received 1 Bid received from a Santa Ana vendor The bids were opened on November 8, 2019, and evaluated (Exhibit 1). The 1 percent Local Vendor Preference was applied to the bid from the Santa Ana vendor. The bids submitted from the recommended vendors are responsive to the specifications and meet the City's requirements. All bidders submitted pricing for a 2020 model year Chevrolet Colorado. However, given an early cutoff ordering date requested by General Motors, the manufacturer of Chevrolet vehicles, those vehicles are no longer available for order. Courtesy Chevrolet provided the lowest bid for the Chevrolet Colorado and has offered the 2021 model year Chevrolet Colorado at the 2020 model year price. Production will begin mid -April. Folsom Chevrolet has provided the lowest bid for the Chevrolet Traverse. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds are budgeted and available in the following accounts for expenditure in Fiscal Year 2019- 20: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description 2019-20 Public Works — 06817640-66400 Sanitation Environment/Sanitation, $131,073 Feb. -June Machinery & Equipment 2019-20 Water Utility Water 06017640-66400 Water Production & Supply, $64,213 Feb. -June Machinery & Equipment Total $195,286 22Ci-2 Award Purchase Order for Chevrolet Vehicles February 4, 2020 Page 3 Nabil Saba, P.E. Acting Executive Director Public Works Agency Exhibit: 1. Abstract of Bids APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 22C-3 ABSTRACT OF BIDS CHEVROLET VEHICLES (19-115) Courtesy Chevrolet Center San Diego, CA Folsom Chevrolet Folsom, CA Guaranty Chevrolet Motors Inc* Santa Ana, CA Penske Chevrolet of Cerritos Cerritos, CA CHEVROLETTRAVERSE Total Price per vehicle $32,599.88 $32,106.42 $33,604.06 $34,285.27 1% Local Vendor Preference N/A N/A $336.04 N/A Final Bid Amount as Determined by Basis of Award $32,599.88 $32,106.42 $33,268.02 $34,285.27 CHEVROLET COLORADO Total Price per vehicle $33,429.88 $35,572.98 $34,603.86 $34,139.13 1% Local Vendor Preference N/A N/A $346.04 N/A Final Bid Amount as Determined by Basis of Award $33,429.88 $35,572.98 $34,603.86 $34,139.13 *Includes 1% Local Vendor Preference EXHIBIT 1 22C-4 REQUEST FOR COUNCIL ACTION M11wcd la,[s310Jil=I =11Il,lei •7e%9:9 FEBRUARY 4, 2020 TITLE: APPROVE A SUBSTANTIAL AMENDMENT TO THE FY 2019-20 ANNUAL ACTION PLAN, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., IN THE AMOUNT OF $1,278,820, FOR THE RESIDENTIAL STREET IMPROVEMENT BISHOP AND RAITT PROJECTS WITH AN ESTIMATED TOTAL CONSTRUCTION DELIVERY COST OF $1,681,207 (PROJECT NOS. 20-7536 & 20-7537) {STRATEGIC PLAN NOS. 5; 6, 1B, 1C, & 1G} [a]I=11N:(+] ad la, Eel I W11.1=E•7, Iwi1 APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Approve a Substantial Amendment to the Fiscal Year 2019 - 2020 Annual Action Plan in order to reallocate and reprogram $2,155,148 in Community Development Block Grant funds, and authorize its submission to the United States Department of Housing and Urban Development. 2. Approve amendment to the Fiscal Year 2019-2020 Capital Improvement Program adding $1,681,207 to the Residential Street Repair Program for street improvements on Bishop Street and Raitt Street. 3. Award a contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,278,820, for construction of the Residential Street Improvement projects on Bishop and Raitt Streets, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,681,207, which includes $1,278,820 for the construction contract; $191,766 for contract administration, inspection and testing; $103,000 for design engineering; and a $107,621 project contingency (approximately 8.4 percent of the construction contract amount). 23A-1 Approve Substantial Amendment to 2019-20 CDBG Annual Action Plan; Award Contract to Vido Samarzich, Inc. for the Residential Street Improvement Bishop and Raitt Streets Project February 4, 2020 Page 2 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its Regular Meeting on January 22, 2020, the Community Redevelopment and Housing Commission recommended approval of the Substantial Amendment to the 2019-2020 Annual Action Plan to the City Council by a vote of 5:0 (Garcia absent). DISCUSSION On June 4, 2019, City Council approved the Fiscal Year 2019-2020 Annual Action Plan. The Annual Action Plan is the document whereby the City formally applies to United States Department of Housing and Urban Development (HUD) for the annual allocation of funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships Grant, and Emergency Solutions Grant programs. The Annual Action Plan describes in detail how these federal grant funds will be allocated and used to serve the community. Since the approval of the Annual Action Plan, two new CDBG-eligible street improvement projects have been identified. The City's Pavement Management System has identified Bishop Street from Flower Street to Main Street, and Raitt Street from Civic Center Drive to Fifth Street as high -priority road pavements in need of rehabilitation (Exhibit 1). The pavements are deteriorating due to weather, age, and heavy use. These projects involve the rehabilitation of existing concrete streets. The scope of work includes the removal and replacement of damaged concrete pavement panels, and damaged or missing sidewalks, curbs, gutters, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of both locations. A total of $1,681,207 in CDBG funds will be needed for these two projects. To remain on schedule to meet the April 30, 2020, CDBG funding expenditure deadline, staff is recommending award of the construction contract for these projects as part of this Council Action (Recommended Action No. 3). The City Council originally approved $2,150,323 for CDBG funded Residential Street and Infrastructural Improvements as part of the FY 19/20 budget adoption. Of that total, $995,595 was an allocation for reconstruction of Americans with Disability Act (ADA) compliant curb ramps various locations adjacent to elementary schools and parks. The scope of work involved the reconstruction of existing curb ramps to comply with the Americans with Disability Act as well as removing ADA barriers to comply with regulations. Additionally, the ADA curb ramp project budget also included the cost of an ADA Plan. Subsequent to the budget adoption, HUD informed staff that the ADA plan was not eligible under this project as they deemed it an administrative expense. The Public Works Agency proceeded with the first phase of the ADA curb ramps and expended $521,654. The remaining balance from the project allocation in the amount of $473,941 will be used to continue with the second phase of the curb ramps. Project design documents will be prepared for this purpose and the project will be presented to City Council at a later date. To reprogram $2,155,148 in unallocated CDBG funding for these projects, a Substantial Amendment to the 2019-2020 Annual Action Plan has been prepared (Exhibit 2). As required by HUD, the draft amendment was made available for a 30-day public comment review period from December 18, 2019, to January 16, 2020. A public notice was published on December 17, 2019, 23A-2 Approve Substantial Amendment to 2019-20 CDBG Annual Action Plan; Award Contract to Vido Samarzich, Inc. for the Residential Street Improvement Bishop and Raitt Streets Project February 4, 2020 Page 3 in the Orange County Register in English, La Opinion in Spanish, and the Ngoi Viet in Vietnamese to inform the public of the commencement of the 30-day public comment period and public hearing. Comments received will be included in the final submission of the Substantial Amendment to HUD. Staff is requesting Council authorization to submit the Substantial Amendment to the 2019-2020 Annual Action Plan for HUD approval (Recommended Action No. 1). Staff is also requesting Council approval amend the City's Fiscal Year 2019-2020 Capital Improvement Program (CIP) to add $1,681,207 in CDBG funding to the Residential Street Repair Project for the street improvements on Bishop Street and Raitt Street (Recommended Action No. 2, Exhibit 3). The CIP amendment for the $473,941 for the ADA project will be presented to City Council at a later date. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids for the Bishop and Raitt Street projects, a Notice Inviting Bids was advertised in the Orange County Register newspaper on December 20 and 25, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on January 10, 2020. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 162 vendors, including 6 located in the City of Santa Ana, were notified of the project via PlanetBids. Twenty-two vendors requested bidding documents and 5 bids were received. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Vido Samarzich, Inc. Rancho Cucamonga $1,278,820 2 Hardy & Harper, Inc. Lake Forest $1,290,000 3 EBS General Engineering Inc. Corona $1,314,873 4 Excel Paving Co Long Beach $1,586,380 N/A All American Asphalt Corona Non -responsive A total of 5 bids were received and 4 bids were deemed responsive. Vido Samarzich, Inc., submitted the lowest responsive bid (Exhibit 4) in the amount of $1,278,820. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Vido Samarzich, Inc., in the amount bid (Exhibit 5). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost 23A-3 Approve Substantial Amendment to 2019-20 CDBG Annual Action Plan; Award Contract to Vido Samarzich, Inc. for the Residential Street Improvement Bishop and Raitt Streets Project February 4, 2020 Page 4 Analysis (Exhibit 6) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,681,207. Construction Contract $1,278,820 Construction Administration, Inspection, and Testing $191,766 Design Engineering $103,000 Contingencies $107,621 ESTIMATED CONSTRUCTION DELIVERY COST $1,681,207 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - (Community Health, Livability, Engagement and Sustainability) and Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-115 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 6), the estimated total construction delivery cost of the Residential Street Improvement projects is $1,681,207, which includes the construction contract, contract administration, inspection, testing, design engineering, and project contingency. This total is currently available in the overall CDBG program budget and an internal adjustment will be made to move the appropriation from the reserve account to the appropriate account for proposed expenditures. The funds necessary for the additional ADA curb ramps were originally appropriated by City Council as part of the FY 19/20 budget adoption of the CDBG capital improvement projects and the funds are currently available. The $473,941 amount will be added to the CIP in a future amendment to be presented to City Council at a later date. If all the recommended actions are aDDroved. the expenditure Dlan is as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 2019-20 13518783-66220 Community CDBG Programs - Feb. -June (Proj.20-7536) Development Improvements Other Than $1,108,617 Block Grant Buildings FY 2019-20 13518783-66220 Community CDBG Programs - Feb. -June (Proj. 20-7537) Development Improvements Other Than $572,590 Block Grant Buildings 23A-4 Approve Substantial Amendment to 2019-20 CDBG Annual Action Plan; Award Contract to Vido Samarzich, Inc. for the Residential Street Improvement Bishop and Raitt Streets Project February 4, 2020 Page 5 FY 2019-20 13518783-66220 Community CDBG Programs - TBD (Proj. 20-7535) Development Improvements Other Than $473,941 Block Grant Buildings Total: $2,155,148 All funds are scheduled for expenditure in Fiscal Year 2019-20. Nabil Saba, PE Acting Executive Director Public Works Agency Steven A. Mendoza Executive Director Community Development Agency NS/TC/MO/ST APPROVED AS TO FUNDS & ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Location Map 2. Draft Substantial Amendment to the Fiscal Year 2019-2020 Annual Action Plan 3. Amended FY 2019-20 CIP Project Sheet 4. Bid Proposal 5. Construction Contract 6. Cost Analysis 23A-5 Exhibit 1 Ia:t 31x9191191+l I910121 BISHOP ST m �i PROJECT LOCATION SANTA ANA Project 20-7536 & 20-7537 P` A Residential Street Improvement Bishop and a,aK=AE. Residential Street Improvement Raitt Project 23A-6 EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN TABLE OF CONTENTS PAGE Introduction...............................................................................................................................2 Amendments..............................................................................................................................3 CitizenParticipation...................................................................................................................5 Exhibits Exhibit 1-Public Hearing Notice/Summary of Comments and Responses.................................6 12/2019 1 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-7 1:Lv4:II:iNgpa SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN INTRODUCTION The City of Santa Ana's federal Annual Action Plan details the funding strategy for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships programs each year. These Annual Action Plans implement our jurisdiction's Five -Year Consolidated Plan and are developed through significant public input, analyses, and planning. This document is a Substantial Amendment to the City of Santa Ana's Fiscal Year 2019-2020 Annual Action Plan, which was submitted to the U.S. Department of Housing and Urban Development (HUD) in May 2019. Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating jurisdictions shall amend their approved plans whenever they make one of the following decisions: 1. To make a change in its allocation priorities or a change in the method of distribution of funds; 2. To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the action plan; or 3. To change the purpose, scope, location, or beneficiaries of an activity. The Regulation further requires that jurisdictions identify in their citizen participation plans the criteria they will use for determining what constitutes a substantial amendment. Consistent with these requirements, the Citizen Participation Plan 2020-2021 through 2024- 2025 adopted by the City of Santa Ana on September 17, 2019 as a component of its 2015/16- 2019/20 Consolidated Five Year Plan identifies criteria that will require a substantial amendment: • Addition of a new activity not previously identified in the Action Plan, without regard to funding source; • Cancellation of an existing activity identified in the Action Plan, without regard to funding source; • A change in the purpose, scope, location or beneficiaries of an activity; or • Changes in the use of CDBG funds from one eligible activity to another eligible activity meeting the following thresholds: 12/2019 2 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-8 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN Net Increase or Trigger for Substantial Minor Amendment* Decrease Amendment* > 30% of the most recent <30% of the most recent grant Net Increase - grant allocation allocation > 30% of the most recent <30% of the most recent grant Net Decrease - grant allocation allocation * (Amended amounts will not be cumulative, that is, each amendment will stand on its own for purposes of determining the 30 percent threshold.) The proposed substantial amendment identified in the next section plans to undertake new activities not previously included in the Consolidated Plan or Annual Action Plan. Therefore, this qualifies as a substantial amendment. 12/2019 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-9 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT The City is amending the 2019-2020 Action Plan to reprogram unspent Community Development Block Grant (CDBG) funds in the amount of $2,155,148 from prior grant years' funds to two new activities and utilize the remaining unused funds to an existing activity from current program year to increase outcome goals. New activities include: • CDBG19-STREET IMPROVEMENT -BISHOP STREET o Description: This project includes the rehabilitation of existing concrete streets. Scope of work includes the removal and replacement of damaged concrete pavement panels, damaged or missing sidewalk, curbs, gutters, and curb ramps. Bishop St. from Flower St. to Main St. Estimated Cost: $1,108,617 • CDBG19-STREET IMPROVEMENT— RAITTSTREET o Description: This project includes the rehabilitation of existing concrete streets. Scope of work includes the removal of existing concrete pavement and replacement with conventional asphalt paving. The project will also replace, damaged or missing sidewalk, curbs, gutters, and curb ramps. Raitt Street Rehabilitation from 5th to Civic Center. Estimated Cost: $572,590 Existing activities include: • CDBG19- SIDEWALK IMP —AMERICANS WITH DISABILITIES ACT (ADA) CURB RAMP IMPROVEMENTS Description: Reconstruct existing curb ramps to comply with ADA; remove ADA barriers and comply with ADA regulations. This is a current activity that will be amended by utilizing the current activity's unused funds from current program year to increase the outcome goals by approximately 149 curb ramps. Estimated Cost: $473,941 Updates to the Annual Action Plan Include: • AP-15 Expected Resources Updated 2019-2020 Action Plan, under CDBG Program Income: increase of $2,155,148. • AP-20 Annual Goals and Objectives On Page 14 in Exhibit 2, Updated 2017-2018 Action Plan under Public Facilities/Infrastructure: increase in CDBG funding by $2,155,148 and increase Goal Outcome Indicator by 2 projects for a total of 5 projects. • AP-35 Protects 12/2019 4 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-10 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN Updated 2019-2020 Action Plan, add the following projects: # Project Name • o CDBG19-STREET IMP RAITT • o CDBG19-STREET IMP BISHOP • AP-38 Projects Summary Updated 2019-2020 Action Plan, Project Summary: include project summaries for projects listed above. The total estimated cost of the substantial amendment is $2,155,148. 12/2019 5 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-11 I: *:111--]10 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment #1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN CITIZEN PARTICIPATION In accordance with 24 CFR 91.105(c)(3) for local governments, the substantial amendment Public Notice for the use of CDBG funds was released for citizen review and comments on December 18, 2019. During the 30-day public comment period from December 18, 2019 through January 16, 2020 the draft substantial amendment was made available during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Community Development Agency, 20 Civic Center Plaza, 6th Floor; Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809; the Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, California; and on the city's website. The Community Redevelopment and Housing Commission of the City of Santa Ana will hold a public hearing on January 22, 2020, at 4:30 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Following the 30-day public comment period and public hearing, the City Council of Santa Ana will hear and vote on the Substantial Amendment to the 2019-2020 Action Plan on February 4, 2020. A copy of the public hearing notice and a summary of citizen comments received at the public hearing with responses to the citizen comments are presented in Exhibit 1. 12/2019 6 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-12 I: *:111--]10 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment #1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN EXHIBIT 1 SUMMARY OF PUBLIC COMMENTS 8r PROOF OF PUBLICATION 30-DAY COMMENT PERIOD AND PUBLIC HEARING SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 30-DAYCOMMENT PERIOD AND STAFF RESPONSE: The draft amendment was available from December 18, 2019 to January 16, 2020 for HUD's required 30-day public comment period. A public notice was published on December 17, 2019 in the Orange County Register in English, La Opinion in Spanish and the Ngoi Viet in Vietnamese to inform the public of the commencement of the 30- day public comment period and public hearing. No comments were submitted for the Substantial Amendment. 01/22/2020 COMMUNITY REDEVELOPMENT & HOUSING COMMISSION PUBLIC HEARING: At its Regular Meeting on January 22, 2020, the Community Redevelopment and Housing Commission recommended approval of the Substantial Amendment to the 2019-2020 Annual Action Plan to the City Council by a vote of (5:0) Garcia Absent. PROOF OF PUBLICATION 30-DAY COMMENT PERIOD AND PUBLIC HEARING NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF SANTA ANA COMMUNITY REDEVELOPMENT & HOUSING COMMISSION ON THE PROPOSED SUBSTANTIAL AMENDMENT TO THE 2019.2020 ANNUAL ACTION PLAN AND COMMENCEMENT OF THE 30-DAY PUBLIC COMMENT PERIOD NOTICE IS HEREBY GIVEN that the Community Redevelopment and Housing Commission of the City of Santa Ana will conduct a public hearing on January 22, 2020 at 4:30 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701 to receive comments on the Substantial Amendment to the City's 2019-2020 Annual Action Plan. On February 4, 2020 at 5:45 p.m. at the City Council Chambers, the City Council will take action to authorize submittal of the Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD). The proposed amendment will reallocate Community Development Block Grant (CDBG) funds in the amount of $2,181,207 that are available to the City from previous grant years. The draft Substantial Amendment will also be available for public review during normal business hours from December 18, 2019 to January 16, 2020 in the following locations: Community Development Agency, 20 Civic Center Plaza, 61h Floor, Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809, and the Main Public Library, 26 Civic Center Plaza, Santa Ana, California. The draft will also be available on the City's website at: httD://www.santa-ana.oro/cda. Written comments to the draft Substantial Amendment may be filed with the Community Development Agency any time before 5:30 p.m. on January 16, 2020 at the locations mentioned above or by email at dflores@santa- 12/2019 7 SUBSTANTIALAMENDMENTTOTHE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-13 I: *:111--]10 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment #1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN ana.org. Persons interested in providing verbal comments to the draft Substantial Amendment are notified to appear at the Community Redevelopment and Housing Commission public hearing on January 22, 2020 at 4:30 p.m. in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92701. Published: December 18, 2019 12/2019 CALIFORNIA NEWSPAPER SERVICE BUREAU DAILY JOURNAL CORPORATION Mal'I gANMe - 915 E HRSTS.LOP ANGLES, CA�12 TZleplrme (213) 2295 f Fail [213I M11F 1 1 Vffi[ uc>� HNAY.LEGAL.A�STORE.COM DA"D FLORES SANTA ANA. CITY OFICOMM DEV AGENCY 2 CFYIG CENTER PlR MZ5 TH FL SANTA ANA_ CA 02 024058 COPY OF NOTICE NO T,Ni MRG9 ICE OF MENRING .1142L2L ANNUAL RGTIQN PLAN Tn. rYJ, .Is a ®Pf oriM nol— fur. m — ror PueFallml In We. ORINGE COWiY REGtl3TER RN6x rEaO9116115W Ce CYVT@]l all] can Y6 vrm ar y c ,uinML w. me vmol m vlaramn w1I ce neu wm ne i. aerx. Ir regaurea alo r1lallec w you area me ua mR celRv. Rancam LLaR>�sr brlltls no1Ns Is (amj TMtl1MJ2[E11r1IleanMrGffiir11GY41N!'ngNa+e11102ZMtd rQE0= 6dIP. rS` PwNRaem. rt ]➢u PrYPaIO mG nraLY In Tl4 Y1R1 IRII Mt rECM Y2 do h rn6x. Daily JOU Mal COr ration uerrin(j Ycur IE3aI avrervcn9 neeca nrp �161R camnu c31I ])•••rf ucal .muar�w� nNER>9aE ' _____ nuT.luwa+t, UOs.waFlax ,_ a�wiary anRrn �vlA - - = s.]UrTIML snrl FuiHlcfxc© - - --_ ILI Milli III Mill IIIIIIIII IIIIIIIIIIIIIll illi lillilI IIII II III II MCF 3.UI p R„,9 L�jIC��ME o#�1NG rteoEV��ioPT u`nrN=Rr n YTFUNilier�i ®i c 2�EN �uaLrc coprcnR 1ernIT mre._.x�.Yuan lo- REGISTER W MTY SUBSTANTIAL AMENDMENT TOTHE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-14 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 12/2019 9 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-15 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 12/2019 10 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-16 I: *:111-.110 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment #1 FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN EXHIBIT 2 UPDATED 2019-2020 ANNUAL ACTION PLAN 12/2019 11 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN 23A-17 w w m Y a U® N � V LU LL Q a Q z w �LL > 0a V F a V m� m�U m m 3 ami .sm, aGi �' mm wm'_ E m ea° na m G m m � m m m m o �Gmmm-- y comol�om 3�oom;,m W 0 E m z U Z row ew L) alp-�EE.cm�' y e a 3 0 �oG eoyE�._y,2 N m w Q C G E Q G oso E° oEo o ti G E O .N, m m E N m U a �'- U N E V O p Z;oymaa.o�m'3o o F �o'o�rnm13�a d_m�Gom�ma.-t momjemmm?Z E mco 0 LL w 8 ~NQ�gN".iN�q w Q3aL'u°i,m�'�'a¢ �=m�GmmG��a d N O L U � m L m j � o m W m LU o� E o° a .G LU w LU w 0 IL d u EN 2 Q U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �j m fA O N O O N � N } IA } fA f9 0 0 0 0 0 N N m fA O O i N O O O O LL IL o 0 o o 0 0 0 0 0 0 N N O O O O N O O }w LL >» LL w o 0 o o 0 0 0 0 0 0 M o N o 0 0 0 0 0 0 0 0 0 0 0 N N Ln O O O ® W gV E9 fA O N O O 0 0 o O O o O O O o N N O N O O M U3 O N O O LL IL M O M V O> M n N N n V M W 0? W C CN a w co co 8 Z ~ w ~ O LL o N Q) C w O 1 2 m a w ® � D m 0 o w CL U w U) U N EXHIBIT 3 C) O N G L6 I LU w w aY U® � � �U LU LL® ¢ir za ¢ z �w LU C) F a U 23A-19 City of Santa Ana Page 1 Residential Street Improvement Bishop & Raitt (Project Nos. 20-7536 & 20-7537), bidding on January 10, 2020 2:00 PM Printed 01/16/2020 Bid Results EXHIBIT 4 Bidder Details Vendor Name Vide Samarzich, Inc. Address 6829 Billings Place Rancho Cucamonga, CA 91701 United States Respondee Vide L Samarzich Respondee Title Vice President Phone 909-987-6377 Ext. Email vidosam@yahoo.com Vendor Type CADIR License # 433210 CA DIR Bid Detail Bid Format Electronic Submitted January 10, 2020 1:25:24 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 198508 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms General Forms.pdf General Forms Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non Collusion Affidavit Non Collusion Affdavit.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM city Unit Price Line Total Comment Base Bid Items 1 Unclassified Excavation CY 570 $130.00 $74,100.00 2 Asphalt Concrete (AC) Pavement TN 910 $95.00 $86,450.00 3 Asphalt Rubber Hot -Mix (ARHM) TN 500 $126.00 $63,000.00 23A,40 City of Santa Ana Page 2 Residential Street Improvement Bishop & Raitt (Project Nos. 20-7536 & 20-7537), bidding on January 10, 2020 2:00 PM Printed 01/16/2020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Crushed Miscellaneous Base (CMB) TN 400 $40.00 $16,000.00 5 Removal of 6" PCC at Various Locations CY 1560 $140.00 $218,400.00 6 Construct 6" PCC with (3-day) Cure including Dowels CY 920 $380.00 $349,600.00 7 Crack Seal with Deere Super Gray' LF 30000 $2.00 $60,000.00 8 Construct PCC Sidewalk (T=4") SF 3520 $8.00 $28,160.00 9 Construct PCC Driveway Approach (T=6") SF 840 $16.00 $13,440.00 10 Construct PCC Curb Ramp SF 7130 $14.00 $99,820.00 11 Construct PCC Curb & Gutter (Type A-2-6) LF 2910 $45.00 $130,950.00 12 Construct PCC Curb (13-1) LF 735 $40.00 $29,400.00 13 Construct Cross -Gutter SF 4550 $16.00 $72,800.00 14 PCC Grinding LF 280 $20.00 $5,600.00 15 Root Shave EA 3 $300.00 $900.00 16 Adjust Manhole Frame and Cover to Finished Grade EA 3 $800.00 $2,400.00 17 Furnish and Install New Water Valve Frameand Cover to Grade EA 4 $800.00 $3,200.00 18 Furnish and Install Traffic Loops Type D EA 8 $350.00 $2,800.00 19 Furnish and Install Traffic Loops Type E EA 10 $350.00 $3,500.00 23A,r2.1 City of Santa Ana Page 3 Residential Street Improvement Bishop & Raitt (Project Nos. 20-7536 & 20-7537), bidding on January 10, 2020 2:00 PM Printed 01/16/2020 Bid Results Type Item Code UOM City Unit Price Line Total Comment 20 Signing and Striping LS 1 $6,300.00 $6,300.00 21 Project Advertisement Sign EA 2 $1,000.00 $2,000.00 22 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $1,273,820.00 Notes per P2 of Specifications - NOT part of base bid calculation 23 = 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 Standard Specifications. ea 0 0 0 24 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $1,273,820.00 23�22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Vido Samarzich, Inc. 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 Description Qty Unit Unit Price Amount 1 Unclassified Excavation 570 CY $ $ 130, oo %y 100. vo 2 Asphalt Concrete (AC) Pavement 910 TN $ $ 95. 00 'W" �1f0, nt7 3 Asphalt Rubber Hot -Mix (ARHM) 500 TN $ $ (ak oo 63,000.00 4 Crushed Miscellaneous Base (CMB) 400 TN $ $ y0.od 16,o o,ceo 5 Removal of 6 PCC at Various Locations 1,560 CY $ $ I q0- aI B, Soo. eo 6 Construct 6" PCC with (3-day) Cure 920 CY $ $ including Dowels 380,00 3gct, 60e.00 7 Crack Seal with Deere Super Gray* 30,000 LF $ $ Z,00 60rcbO.00 8 Construct PCC Sidewalk (T=4") 3,520 SF $ 9OG $ o�g.l60.Op 9 Construct PCC Driveway Approach (T=6) 840 SF $ $ 16.00 13 0.00 10 Construct PCC Curb Ramp 7,130 SF $ S IK.00 99,9dL'), 1 1 Construct PCC Curb & Gutter (Type A-2-6) 2,910 LF $ $ 't5,00 130q5d,�, 12 Construct PCC Curb (B-1) 735 LF $ $ 4o. bo J1 Y00. 00 13 Construct Cross -Gutter 4,550 SF $ $ 16.00 W800.en ij fP CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT Item Description Qty Unit Unit Price Amount 14 PCC Grinding 280 LF $ $ ao.00 S 600. o0 15 Root Shave 3 EA $ $ Son. ¢o 100.00 16 Adjust Manhole Frame and Cover to 3 EA $ $ Finished Grade �00, OO .�, k00, 00 17 Furnish and Install New Water Valve Frame 4 EA $ $ and Cover to Grade 810, 18 Furnish and Install Traffic Loops Type D 8 EA $ $ ?O, 00 J, 800. 00 19 Famish and Install Traffic Loops Type E 10 EA $ $ 3Sci •o0 3 Soo, o0 20 Signing and Striping I LS $ $ -Sign 63oo.oa 6,300.00 21 Project Advertisement 2 EA $ $ ( 000.00 Jr0.op 22 Labor Agreement Oversight I LS $10,000 $10,000 TOTAL BASE BID $ r7a 8� 6. 00 CJ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, al I, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,800 per calendar day. 2Ps p 41 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT Name of Firm Signature of BI] Title Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name o_ corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc. Vido Samarzich - President Vido L. Samarzich - Vice President Monika Samarzich - Secretary - I A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval :)f 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 form 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 due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said 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 based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BI] Title Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name o"corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc. Vido Samarzich - President Vido L. Samarzich - Vice President Monika Samarzich - Secretary 23A-P2, CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Vido Samarzich, Inc. Business Address: 6829 Billings Place Rancho Cucamonga CA 91701 Business E-Mail Address:yidosamPyahoo.com Telephone: (909) 987-6377 State Contractor's License No. and Class: 433210 Class A License Expiration Date: 12/31 /2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000013213 State Dept. of Industrial R Registration ExpiWt Da Signed: Title: Vice President (DIR) 6/30/2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title S, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and 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 BI] Title Vice President (if an individual, so state) i I O CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) VIdo L. Samarzich , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party staking the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: Vido Samarzich Inc a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion o sec re any advantage against the City of Santa Ana or any person interested in the propose c ntr t for himself or any other person. l Sign ture of dder Subscribed and sworn to before me this day of SCE ATZAc. tFD Signature of officer Administering Oath (Notary Public) 20 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this TTH day of JANUARY 20 20, by VIDO L. SAMARZICH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, ynnnnn nnnnnnnDE6MON..E6MO nuumnmuuuD G. WARRuumvnni_. EN E COMM. 0219O534 • gat ` Notary Public -California 2 Rlveraide County My Comm. Expires Apr 9, 2021 innmm� nmm�nnmxnmixnnnnmunuumnnnnnnrR (Seal) Signature 23A-30 Bond No.: VIDSA-2079 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT KNOW ALL PRESENT that, Vido Samarzich, Inc. as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent Of The Total Amount Bid Dollars ($_ 10% Of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. 1N WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 27th day of December 2019. BIDDER* Vido By: SURETY* Fidelit By: I --M Subscribedand sN Signature: Notary Public in and for the County of 6829 Billings Place Rancho Cucamonga, CA 91701 Telephone: (909) 987-6377 of Maryland 777 S. Figueroa Street, Suite 3900 to befor�me this day of , 20_. State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-17 23A-31 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Randy SPOHN, Ashley M. SPOHN, Matthew R. DOBYNS and Hamilton KENNEY, all of Santa Ana, California, EACH, its true and ]awful agent and Attorney -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY Of MARYLAND at its office in Owings Mills, Maryland, in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his./her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September, A.D. 2019. W *H �iV° eat ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President �6i:44171,1 4 )_ By. Dawn E. Brown Secretary State of Maryland County of Baltimore On this 201h day of September, A.D. 2019, hcforc the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and offrceis described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposelh and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. y 1 t fu ♦e. npJx' .� + r� yl........A1, Constance A. Dunn, Notary Public 1++` �rr�n i�iinr"� hIY Cormnission Expires: July 9, 2023 23A-32 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect oil the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duty called and held oil the 15th day of December 1998, RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by Facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of die Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and Facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whetlier made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 27th day of December 2019. �,o etrodr a "'iris' i� ¢i'JwOy A ,:�fi*_, Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reoortsfclai ms(a),zurichn a.cmn 800-626-4577 23A-33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On December 27th, 2019 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ❑ who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the p executed the same in his/her their authorized capacity (ies), and that by his/heF/thei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. y ERIKAGUIDO WITNESS my hand and official seal. COMM. # 2190052 a O NWARY PUBLIC CAUFORNIA 30 ORANGE COUNTY jl Mycomm expires May 5,2021 Signature of a OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 7TH day of JANUARY 20 20, by VIDO L. SAMARZICH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. .'VIIIIIIIIIII IIIIIIIIIIWgImmx111m111111eNN1111111x111111HN '" DE9MOND G. WARREN � COMM. 02190534 x a Notary Pubuc-CWNornia 'o RWetside County My COMM. Expires Apr. 9, 2021 g illmnxx Ix111111111111mmm111M111111HI111111u111111111NIX11 (Seal) Signature 23A-35 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/s% of the bid or $10,000, whiciever is greater o Buildings, parks, or other projects: Yz% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ , /'J di oscA�s Signature of BI'd46r 2P3A ��ro CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I. SEE ATTACHED INFORMATION Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 2. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Suretw Zurich - Fidelity Deposit Companv of Marvland 777 S. Fiqueroa Street Suite 3900 Los Angeles CA - (619) 235-1388 Broker: R S Bonding & Insurance Agency, Inc. 1633 E. 4th Ave Ste. 228 Santa Ana CA 92701 - (714) 541-4700 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. SEE ATTACHED INFORMATION Name and Address of Owner. and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Zurich - Fidelity Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA - (619) 235-1388 Broker: R S Bonding & Insurance Agency, Inc. 1633 E. 4th Ave, Ste, 228, Santa Ana, CA 92701 - (714) 541-4700 �U A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautAed that making a false certification may subject the certifier to criminal Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me SAP � Lssi> Notary Public Signature Notary Public Seal ,RWJ6 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 7TH day of JANUARY 20 20, by VIDO L. SAMARZICH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. mn„u,nniwxx,mmDESMO mu G. WARREN nn1 40111.1, OEBMONO G. WARREN a COMM. $2190534 i Notary Public � Catdornia 3 Rlvereide County Comm. Expires Apr 9, 2021 a arexiNxmxnaenmmmnenixnnxeeeA (Seal) Signature 23A-40 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 COMPLETED CONSTRUCTION PROJECT REFERENCES Project Name: Local Street Curb Ramp Improvements Owner: City of Santa Ana Phone Number: (714) 552-5336 Engineer/Contact: Mr. Gerardo Lechuga Contract Amount: $495,000.00 Date of Completion: 2019 2. Project Name: 3`d Ave Pavement Rehabilitation and Water Improvements Owner: City of Upland Phone Number: (909) 291-2946 Engineer/Contact: Mr. Bob Critchfield Contract Amount: $2,800,000.00 Date of Completion: 2019 3. Project Name: 9`h Street Pavement Rehabilitation and Water Improvements Owner: City of Upland Phone Number: (909) 291-2946 Engineer/Contact: Mr. Bob Critchfield Contract Amount: $2,600,000.00 Date of Completion: 2019 4. Project Name: La Palma Ave Sidewalk Improvements Owner: City of Anaheim Phone Number: (714) 765-5052 Engineer/Contact: Mr. Joel Jordan Contract Amount: $479,000.00 Date of Completion: 2019 5. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $2,100,000.00 Date of Completion: 2019 Page 1 of 6 23A-41 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 6. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga Phone Number: (909) 774-4070 Engineer/Contact: Mr. Romeo David Contract Amount: $975,000.00 Date of Completion: 2018 Project Name: Wilshire Avenue Water and Sewer Improvement Project Owner: City of Fullerton Phone Number: (714) 738-6895 Engineer/Contact: Mr. Gar Huang Contract Amount: $550,000.00 Date of Completion: 2018 8. Project Name: Elm/Malden Area Street, Sewer and Water Improvements Owner: City of Fullerton Phone Number: (714) 773-0049 Engineer/Contact: Mr. Joseph Hernandez Contract Amount: $2,200,000.00 Date of Completion: 2018 9. Project Name: Anaheim Hills Road Water Main Replacement Owner: City of Anaheim Phone Number: (714) 863-8020 Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00 Date of Completion: 2018 10. Project Name: CDBG ADA Wheelchair Access Ramp Replacement at Various Locations Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $204,300.00 Date of Completion: 2018 11. Project Name: 2017 Citywide Curb Ramp Improvements Owner: City of Laguna Beach Phone Number: (949) 497-0741 Engineer/Contact: Mr. Tri Nguyen Contract Amount: $285,000.00 Completion Date: 2017 Page 2 of 6 23A-42 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 12. Project Name: Safe Routes to School Improvements, Phase 3 Owner: City of Glendale Phone Number: (818) 402-0225 Engineer/Contact: Mr. Gary Edsall Contract Amount: $908,000.00 Date of Completion: 2017 13. Project Name: Heim Ave at Canal St Storm Drain Improvements Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $99,000.00 Date of Completion: 2017 14. Project Name: Citywide Sidewalk Repair Project FY 15-16 Owner: City of Santa Monica Phone Number: (951) 522-4505 Engineer/Contact: Mr. Craig Wheeler Contract Amount: $878,000.00 Date of Completion: 2017 15. Project Name: FY 16/17 Curb Access Ramp Installation Project Owner: City of Huntington Beach Phone Number: (714) 536-5259 Engineer/Contact: Mr. Joe Fuentes Contract Amount: $679,000.00 Date of Completion: 2017 16. Project Name: Comstock Avenue Water Main Improvements Owner: City of Whittier Phone Number: (562) 567-9302 Engineer/Contact: Mr. Carl Hassel Contract Amount: $578,000.00 Date of Completion: 2017 17. Project Name: Monterey Road Street Improvements Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,550,000.00 Date of Completion: 2017 Page 3 of 6 TELEPHONE 909-987-6377 FAX 909-987-8988 23A-43 VIDO SAMARZICH, INC. General Engineering Contractor No, 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 18. Project Name: Fletcher Avenue Reconstruction Owner: City of South Pasadena Phone Number: (702) 204-4025 Engineer/Contact: Mr. Mark Peterson Contract Amount: $878,000.00 Date of Completion: 2016 19. Project Name: Patterson Street Reconstruction Owner: City of Fullerton Phone Number: (714) 732-9060 Engineer/Contact: Mr. Pete Acosta Contract Amount: $675,000.00 Date of Completion: 2016 20. Project Name: MagnoliaBolsa Intersection Widening Owner: City of Westminster Phone Number: (714) 548-3464 Engineer/Contact: Ms. Theresa Tran Contract Amount: $975,000.00 Date of Completion: 2016 21. Project Name: 2015 Water Main Improvements Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2016 22. Project Name: Red Hill Lake Modernization Owner: City of Rancho Cucamonga Phone Number: (909) 477-2740 Engineer/Contact: Mr. Romeo David Contract Amount: $300,000.00 Date of Completion: 2016 23. Project Name: 2015 Concrete Improvements Owner: City of Inglewood Phone Number: (714) 468-7319 Engineer/Contact: Mr. Hunter Nguyen Contract Amount: $425,000.00 Date of Completion: 2015 Page 4 of 6 23A-44 VID0 SAMARZICH, INC. General Engineering Contractor No, 4332TO A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 24. Project Name: El Centro Avenue Rehabilitation Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,100,000.00 Date of Completion: 2015 25. Project Name: Concrete Bus Pads Owner: City of Rancho Cucamonga Phone Number: (714) 548-3456 Engineer/Contact: Curt Billings Contract Amount: $175,000.00 Date of Completion: 2015 26. Project Name: ADA Wheelchair Ramps Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $275,000.00 Date of Completion: 2015 27. Project Name: 2014 Water Improvement Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2015 28. Project Name: ADA Sidewalk Improvement Owner: City of Artesia Phone Number: (951) 314-6984 Engineer/Contact: Mr. Chuck Burkhardt Contract Amount: $200,000.00 Date of Completion: 2014 29. Project Name: YLHS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District Phone Number: (714) 701-3104 Engineer/Contact: Mr. Joe Polimino Contract Amount: $675,000.00 Date of Completion: 2013 Page 5 of 6 23A-45 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 30. Project Name: County Road Storm Drain Owner: City of Pomona Phone Number: (909) 322-7471 Engineer/Contact: Mr. Dave Barron Contract Amount: $570,000.00 Date of Completion: 2013 31. Project Name: Adams Square Park Owner: City of Glendale Phone Number: (818) 548-2864 Engineer/Contact: Mr. Hagop Kassabian Contract Amount: $1,100,000.00 Date of Completion: 2010 32. Project Name: Various Public Work Purchase Orders and Contracts 2000-2013 Owner: City of Pasadena Phone Number: (626) 484-5640 Engineer/Contact: Mr. Dale Torstenbo - dorstenbo@cityofpasadena.net Contract Amount: $2,500,000.00 Date of Completion: 2000-2013 33. Project Name: Misc Park Improvements From 2000-2010 Owner: City of Glendale Engineer/Contact: George Balteria — (951) 201-2710 Peter Vierheilig—pvierheilig@ci.glendale.ca.us Contract Amount: $3,500,000.00 Date of Completion: 2000-2010 Page 6 of 6 23A-46 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall 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 union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. iW4 ! CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of pub is works violating this Section is subject to all the penalties imposed for a violation of the apt Signed: Title: Vice President Firm: Vido Samarzich Inc. Date: 1 /7/2020 ijA-49 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the of er contractors, except contractors not signatory to the trust agreement shall pay a like amou t to/t alifornia Apprenticeship Council. Signed: �/ Title: Vice President Firm: Vido Samarzich, Inc. Date: 1 /7/2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT 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 (18 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 is other*ise emtitled. Signed: V-A 11 f �� Title: Vice President Firm: Vido Samarzich, Inc. Date: 1 /7/2020 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-7536 RESIDENTIAL STREET IMPROVEMENT BISHOP PROJECT NO.: 20-7537 RESIDENTIAL STREET IMPROVEMENT RAITT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. View assi mo f r AM..sQv i ii-i W ANEW WAYTO SIGN IN -If you ah'eady have %�% Login a SAM account, use your SAM email for login.gov, wnmroawunnrulu�nrr I ngin.g0\' EAQB m ALERT: SANI.gm'will be down for schednlM maintenance SatnMay, OL/HJ2DxD Gvm R:no AM to cao YM m ALERT: The DFAR.S Provision cun'ently numbered 2522049DU will he updated to 25'r2t,-ani in SAM'a neM release.Additionally, the clause at paragroph(a) will be updated to reference 25z2oggOlR instead of x5x.x09-YY. Search Results Qoicl: Searcb Res0lts '1'otul rceords:l Result Page: I Your search returned the following results... enny Viao Samaaich, Inc. DUNS: 026486266 Has Active Exclusion?: No Expirotion Date: of/s /solo PurposeceRegistradon: All Awards Result Page: I ILLM-P+xor9r213-uT+ Save PDF Export Results Print Sort b) Relevance Order by Oescenaing v sterna: Adiven CAGE Code: 7UGR2 yinv Details CoDAAC: Debt Subject oUf&et?: No Search Rerords Disclaimers FAPIIS.gov Datn ACCC9s Accessibility GSA.gov/IAE Check Slates Pricacry'Policy GSA.gov Abort USAgov Help Save PDF Export Results CPnna '1 I.% war -NI ub:,lin 1' 1 S: n1h:n is a '1"11, nSG 111,111 Il m.¢,u, wlpm 1. i,m, hdi,idnal, v,d re,luu Tinae 2. Wodud"thin.s,wrljc,I wdlmlPLL^vp�xmm,whnW,¢,.omi rrd pn ww,n. 23A-52 we use cookies for marketing and advertising purposes, and to p,ovide the best experience on our website. By continuing to browse the site, you agree to our use of cookies. See our Privacy policy and Copkle policy to barn more about how ,a use cookies and your Shale¢, regardng the use of rookies O Finance Sales&Marketing Third Party Rlsk&Compliance G-e-nment Small Business D-UN -S Number Data Cloud r01E > D-J,V-S NUMBER > use 0.U-NS±.,,, -', Dun & Bradstreet D-U-N-S; Number Lookup Look up a partnei s company or find your company's D-U-N-S Number. Search For My company Husinesc Nam, Business Phone Business Name, Vide Saunionch, Inc. Street&Suite Sinner suite City & Zip Code Rancho Cucamonga 91701 State & Country- California U.S. 1 Search Results See your company listed below? you can have your D-U-N-S number emailed to you or view/update your company information. If you don't see your company's name in the search results, search again or request a new D U-N-S number by clicking the link at the bottom of the screen. VIDO SAMARZICH, INC. 6829 Billing, PI, Rancho Cuca n = c 9170t 9J Single Active F—A D u N 3 'r— We 9876377 Location 1844) 67s2]05 CONTACT US 23A-53 EXHIBIT I City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed under this contract number by and between the City of Santa Ana, hereinafter referred to as "City" and Vido Samarzich Inc. _, hereinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or I -IUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not to circumvent the Contractor's obligations under 24 CFR part 135, F. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. The Contractor by this signature affixed hereto declares under penalty of perjury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. , JG Vido L. Samarzich - Vice President 1/7/2020 Si hire of C n actor Print Name and Title Date 433210 Class A 026486266 Contractor License Number & Designation Federal DUNS Number 23A-54 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Fonn Project rojeNo. 20.7638 Resitlenflal Street Improvement Blshop Project Name: Pct No.2, 57Resitlentlel SVeet Improvement Raitt Project Location: Bishop St, Raitt St Santa Ana CA 92703 Street City State Zip Contractor Name: Vido Samarzich Inc Contractor Contact: Vido Samarzich Contractor Telephone Number: (909) 987-6377 Contractor Email Address:_ vidosamayahoo.com Section 3 Resident hiring Goals Trade/Craft I Number of New Hires Total Number Total nupber of Section 3 resident new hires necessary to comply with contract: _g ILA V1 4 1m2020 Signature of CAtiactor Date 23A-55 EXHIBIT 3 City of Santa Ana Section 3 Employment Opportunity Notice Pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 170u, the City of Santa Ana is pleased to announce construction employment opportunities for low-income individuals residing in the following area(s) of the City of Santa Ana: PROJECTS) LOCATION(S): Project No. 20-7536 Residential Street Improvement Bishop Project No. 20-7537 Residential Street Improvement Raitt Santa Ana, CA CONSTRUCTION TRADE EMPLOYMENT OPPORTUNITIES: Construction If you have work experience in the construction trades listed above, and you live in the area(s) listed above, call Vido Samarzich Inc (contractor's or subcontractor's name), at _ (909) 987-6377 (contractor's or subcontractor's telephone number) for an employment application. For additional information on the City of Santa Ana's Section 3 Economic Opportunities Plan, please call Community Development Agency, at 714-667-2256. 23A-56 EXHIBIT 8 Contractor's Section 3 Affirmative Action Plan Project No. 20-7536 Residential Street Improvement Bishop Protect No. 20-7537 Residential Street Improvement Rain Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. 1. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Section 3 clause provisions in all subcontracts, and require subcontractor(s) to subinit a Section 3 Affirmative Action Plan. Vido Samarzich, Inc. Company Name Signari re of o tractor 6929 Billings Place, Rancho Cucamonga, CA 91701 Vido L. Samarzich Address: Street, City, State, Zip Printed Name 026486266 Vice President DUNS Number Title 23A-57 EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: Vido Samarzich Inc. Please check the numbered statement that is applicable to your business: 1. My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 1 please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) 51 % owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to business concern(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. /My business does not qualify as a Section 3 business concern. Note: Section 3 business concern definitions are located in this project's Contract Documents & Specifications Manual thin the section titled Section 3 Economic Opportunirics Plan. 1 /7/2020 Signature of Asj6essOwner Bate Vido L. Samarzich Print Name 23A-58 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITY BUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Pursuant to 24 CFR Part 85 § 85.36 (e) of Code of affirmative steps to assure that minority business firms, used whenever possible. Federal Regulations, contractor must take all necessary women's business enterprises and labor surplus firms are Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. should accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: 2. The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of Dates of Follow-up Methods W/MBE Solicited Solicitation and Dates 3. The items of work which the bidder made available to W/MBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Items of Work: Breakdown of Items: Information Furnished: r-:\DOCS%PROPSVCSIHUDFORMSMSU58NAMB-SWt0n3Spew.D0C 23A-59 EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: 1 declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that the City of Santa Ana and/or the U.S. Department of Housing and Urban Development may verify the information provided herein in connection with W/MBE compliance evaluation/audit activities and that failure to fidly and truthful y co p ete this form may result in economic or other sanctions. Signature: Name: Vido L. Samarzich Title: Vice President Date: 1/7/2020 Name of Contractor/Subcontractor: Contractor/Subcontractor Number: Address (Street, Business Racial/Etlrnic/Gender Code: Vido Samarzich, Inc. License No. 433210 6829 Billings Place Rancho Cucamonga, CA 91701 Circle the numeric code which indicates the racial/ethnic/gender character or the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnicity/gender category, circle the code which seems most appropriate. White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Yes k or 4 = Hispanic Americans 5 = Asian/Pacific Americans 6 = Hasidic Jews FiDOCS%PROPSVCS�HUDFORMSMBU5B04AMB- SeCIMn38peM.00C 23A-60 To the City of Santa Ana EXHIBIT 15 NONCOLLUSIONAFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Vido Samarzich, Inc. Name of Contractor 6829 Billings Place Rancho Cucamonga CA 91701 Address Vice President Signature and T le 117/2020 Date PaDOCS'PROPSVCS%tIUDFORMSIMSUSB04AMB.Seclion3Specs. Ooc 23A-61 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Vido Samarzich, Inc. Date: 1/7/2020 Address: 6829 Billings Place, Rancho Cucamonga State: CA Zip Code: 91701 Telephone: (909) 987-6377 Acting on behalf of the above -named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated finds have been paid, by or on behalf of the above -named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof; and 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence arm officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the above -named firm shall complete and submit Standard Farm—LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above -named firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Vido L. Samarzich Title: Signature: V Date: Vice President 1 /7/2020 F.\WCSNROPSVCSIHUOFORMSVMBU5B04AMB-Se Um3$wcsAOC 23A-62 EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Pro,ect No. 20-7536 Residential Street Improvement Bishop Project Name: Protect No. 20-7537 Residential Street Improvement Raitt Project Number: Project No. 20-7536 & 20-7537 This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Preconstruction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Desmond Warren Payro 's N e n Payrotl R cer's ignature Vido Samarzich, Inc. Contract / ubc n actor by Si ature Vido L. Samarzich Printed Name Vice President Title 1 /7/2020 Date 433210 Contractor/Subcontractor License No. 026486266 DUNS Number F:IOOOSPROPSVCSiHUOFORMS1MBU5W4AMB-Se Jm3Spece.000 23A-63 EXHIBIT 5 PROJECT 20-7536 & 20-7537 RESIDENTIAL STREET IMPROVEMENT BISHOP AND RESIDENTIAL STREET IMPROVEMENT RAITT PROJECT This CONSTRUCTION CONTRACT is made and entered into this 4t' day of February, 2020 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 Vido Samarzich, Inc. (hereinafter "CONTRACTOR"). WPI'NESSETH: 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 Residential Street Improvement Bishop and Residential Street Improvement Raitt 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 Two Hundred Seventy -Eight Thousand Eight Hundred Twenty Dollars and No Cents ($1,278,820.00), 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. 23A-64 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: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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-65 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: for JOFW FUAk Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Acting Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Vido Sa arzich, Inc. N ME: TITLE: vlPO L. 54tv,02I6H VIC-E PjLr—SIPCAII' 23A-66 Pagc 3 of , EXHIBIT 6 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 20-7536 & 20-7537: RESIDENTIAL STREET IMPROVEMENT BISHOP & RESIDENTIAL STREET IMPROVEMENT RAITT Construction Contract $ 1,278,820 Contract Administration $ 83,234 Inspection and Testing $ 108,532 Design Engineering $ 103,000 Contingencies $ 107,621 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,681,207 23A-67 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE: APPROVE AN AMENDMENT TO THE AGREEMENT WITH STANTEC TO INCLUDE A WATER RATE ASSISTANCE PROGRAM FEASIBILITY STUDY FOR AN AMOUNT NOT TO EXCEED $37,124 (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1H} /s/Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►1�1�1:3q:7 RECOMMENDED ACTION Authorize the City Manager to amend the agreement with Stantec to expand the scope of work to include a Water Rate Assistance Program Feasibility Study and additional community outreach efforts, increasing the compensation by an amount not to exceed $37,124, for a total agreement amount not to exceed $220,124, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On July 3, 2018, at the conclusion of a competitive bid process, the City entered into an agreement with Stantec to perform a Cost of Service Study for the Water and Sewer enterprises. Their primary tasks were to create a financial plan for each enterprise, perform a cost -of -service analysis, and provide a recommended five-year rate structure for City Council consideration. On November 19, 2019, the City Council approved a resolution adjusting City water and sewer rates, including the five-year schedule of rate increases. The rate increases were necessary to cover the costs of the significant investment needed for the repair and rehabilitation of the City's aging water and sewer infrastructure. The City's Public Works Water Resources Division approached Stantec about conducting a feasibility study to evaluate the legal and procedural elements of creating a Water Rate Assistance Program (WRAP) to help offset the cost of water service for income -restricted customers. The feasibility study will evaluate the legal constraints of establishing a WRAP in California, conduct a survey of other utilities in California that offer similar programs, and provide a high-level description of implementation requirements, such as the customer qualification process and level(s) of assistance provided. 25A-1 Approve an Amendment to Agreement with Stantec to include a Water Rate Assistance Program Feasibility Study February 4, 2020 Page 2 Additional community outreach is also recommended to further explain how the newly adopted rates will affect customers and how the increased revenue will be used. The Water Resources Division will host community meetings at various locations throughout the city to inform residents of the planned improvement projects and the benefits they will provide to water and sewer customers. Staff recommends that the existing agreement with Stantec be amended to expand their scope of work to include a Water Rate Assistance Program Feasibility Study and additional community outreach efforts. Stantec will be able to provide this service on a cost-effective and expedient time frame, due to work already performed for the Cost of Service Study. 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 H (complete water/waste water rate study to ensure adequate resources to capture critical long-term capital needs). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the Water Administration and Engineering Account (No. 06017645-62300) for expenditure in Fiscal Year 2019-20 as follows: Fiscal Year Accounting Unit — Fund Accounting Unit, Account Amount Account No. Description Description FY 2019-20 06017645-62300 Water WaterAdmin/Engineering, $37,124 Fund Contract Services -Professional Total Amendment: $37,124 25A-2 Approve an Amendment to Agreement with Stantec to include a Water Rate Assistance Program Feasibility Study February 4, 2020 Page 3 Nabil Saba, PE Interim Executive Director Public Works Agency NS/RR Exhibit 1. Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs Executive Director Finance & Management Services Agency 25A-3 Exhibit 1 THIRD AMENDMENT TO AGREEMENT TO PERFORM COST OF SERVICE STUDY FOR WATER AND SEWER ENTERPRISES THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 4, 2020, by and between Stantec ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2018-172, dated July 3, 2018, by which Consultant agreed to perform a cost of service study for the City's water and sewer enterprises ("Agreement"). B. On February 5, 2019, the parties entered into First Amendment No. A-2019-019, by which the Agreement was amended to include the performance of a capacity charge study and to increase the maximum expenditure under the Agreement to compensate for these additional services. C. On July 16, 2019, the parties entered into Second Amendment No. A-2019-114, by which the Agreement was further amended to expand the scope of services and to increase the maximum expenditure under the Agreement accordingly. D. The Agreement remains in effect through July 2, 2021, with provision for extension, and the parties now wish to further amend the Agreement to expand the scope of services and to increase the maximum expenditure under the Agreement to compensate for the additional services. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include the performance of a water rate assistance program feasibility study, as described in Exhibit A. 2. Section 2.a., Compensation, is amended to increase the total sum to be expended under the Agreement by $37,124 to cover the cost of the water rate assistance program feasibility study, as indicated on Exhibit A. 3. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager - signatures continue on next page - Page 1 of 2 25A-4 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 1w. -f� L JCWIN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA Acting Executive Director Public Works Agency CONSULTANT David Hyder Project Director Page 2 of 2 25A-5 EXHIBIT A ® Stantec December 18, 2019 Attention: Mr. Rudy Rosas City of Santa Ana, Public Works Agency 215 South Center Avenue, Building A Santa Ana. CA 92703 Reference: Water Rate Assistance Program Feasibility Study and Community Outreach Support, Amendment No. 3 Dear Mr. Rosas, As requested, Stantec Consulting Services Inc. (Stantec) is pleased to present this proposed third amendment to the Water and Sewer Study to complete a feasibility study for the potential development of a Water Rate Assistance Program (WRAP) and to provide community outreach support as needed. The Purpose of the Project The City of Santa Ana recently approved updates to the City's water and sewer rate structures along with a five-year schedule of rate increases. In addition, it is anticipated that Metropolitan Water District (MWD) and Orange County Water District (OCWD) will also increase the cost of providing water to the City, a cost that will be passed onto rate payers. These rate increases are likely to place a burden on some of the City's customers. To provide some financial relief to the most vulnerable rate payers within the City of Santa Ana, Staff has requested that Stantec and Hildebrand Consulting, LLC conduct a feasibility study to evaluate the legal and procedural elements of creating a WRAP for the City of Santa Ana, and the current funding available to deliver such a program. The community outreach support task is geared to inform the public regarding how users may be impacted by the newly adopted water and sewer rates. This outreach will address the study methodology, how the revenue from the increased rates will be used, as well as other topics as needed. Scope of the Requested Services Stantec and Hildebrand Consulting, LLC will deliver the following scope of work regarding the WRAP: 1. Evaluate the legal constraints to establishing a WRAP in California along with any pending state level initiatives; 2. Conduct a survey of other utilities in California that have implemented a WRAP; I Summarize the potential sources of funding and the range of funding requirements for the WRAP; and 4. Provide a high-level description of implementation requirements, such as qualifying customers for the program and identifying the level of assistance provided. Design with community in mind 25A-6 December 18, 2019 Mr. Rudy Rows Page 2 of 6 Reference: Water Rate Assistance Program Feasibility Study and Comm nity Outreach Support, Amendment No.3 This scope of work will not include an economic evaluation of the customer need for a WRAP, a projection of the overall impact the WRAP will have on bill affordability, nor a detailed implementation plan. The outreach meetings will be delivered by Stantec, Hildebrand Consulting, LLC, and/or CV Strategies (or a combination thereof). The effort associated with the outreach meetings may include 1. Preparing PowerPoint presentation and supporting materials; 2. Coordinating with City Staff to develop "messaging"; 3. Producing meeting handouts; and 4. Delivering presentations at public meetings. The cost of each event will depend on the amount of new presentation material and the number of consultants that attend the event. As such, costs may range from as little as $2,000 per meeting to $5,000 per meeting. The level of effort for each event will be discussed with, and subject to approval by, the City Project Manager. It is assumed that the City will secure and coordinate the meeting locations. Project Team This project will be staffed with the same team that has been working with the City over the past year. Mark Hildebrand (of Hildebrand Consulting, LLC) will continue in his role as the Project Manager, Matthew Freiberg will continue to deliver the project as the Lead Consultant, and CV Strategies will support the development of public outreach materials on an as needed basis. David Hyder will serve as the Project Director in an advisory and quality control capacity. Stantec has additional staffing resources should the need arise. Estimated Cost of the Continued Services The presented scope of services to develop the WRAP feasibility study is estimated to require 98 labor hours for a total not -to -exceed fee (including expenses) of $22,124. The customer outreach support will be delivered on an as needed basis, with a not -to -exceed fee (including expenses) of $15,000. The total Amendment #3 not -to -exceed amount will be $37,124. Consistent with our prior services and the terms of Amendment #2, we propose to provide these services on a time and materials basis and invoice monthly. A detailed breakdown of the WRAP scope of work and proposed work plan is provided below. We can begin work on this assignment immediately on receipt of notice to proceed and anticipate the completion of the analysis prior to June 30, 2020 unless there are deviations from the scope or schedule requested by the City. Please let us know if you have any questions or comments regarding this proposal. We appreciate the opportunity to be of continued service to the City. Design with community in mind 25A-7 December 18, 2019 Mr. Rudy Rosas Page 3 of 6 Reference: Water Rate Assistance Program Feasibility Study and community Outreach Support, Amendment No. 3 Regards, �- David Hyder Principal, Financial Consulting Services Signing Authority Act Mark Hildebrand Hildebrand Consulting, LLC Project Manager 25A-8 December 18, 2019 Mr. Rudy Rows Page 4 of 6 Reference: Water Rate Assistance Program Feasibility Study and Comm nity Outreach Support, Amendment No.3 Proposed Scope of Work Based on our understanding of the City's requested services, we propose to complete the following tasks. Task 1. Water Rate Assistance Program Feasibility Study Task 1 a. Project Initiation This initial task will be used to gather information and understand the City's Water Rate Assistance Program needs. To initialize the study, we will conduct a Project Kickoff Conference Call with staff to: ✓ Discuss key issues, roles and responsibilities ✓ Confirm study objectives and further explore project drivers ✓ Confirm data requirements as needed ✓ Finalize the project schedule, including key milestone dates and deliverables Prior to the call, Stantec will provide a data request list outlining information needed, including but not limited to City budgets, service area maps, and other items not already obtained through the recent rate study. Task 1 b. Evaluate the legal constraints to establishing a Water Rate Assistance Program in California Our team will prepare a deliverable that summarizes the legal constraints for implementing water rate assistance programs in California, specifically addressing key elements of Proposition 218 and relevant case law. We will also summarize the current status of any relevant state -level affordability initiatives (such as the State Water Board's proposed Bill Assistance Program). Finally, we will conduct a survey that describes affordability programs that have been implemented by other California cities, including a description of the funding source (if made available). Task 1 c. Potential Sources of Funding for the Water Rate Assistance Program In this Task 1c, we will provide a description of all feasible sources of funding for the WRAP. Common sources of funding are: • Non -rate revenue within the water or sewer fund • Discretionary tax revenues (transfers from the General Fund) • Special taxes (ear -marked taxes) • Voluntary bill donations from other customers We will also research any external funding opportunities that may be available, including state assistance programs from Task II. Design with community in mind 25A-9 December 18, 2019 Mr. Rudy Rows Page 5 of 6 Reference: Water Rate Assistance Program Feasibility Study and Comm nity Outreach Support, Amendment No.3 Task Id. Water Rate Assistance Program Implementation Plan We will describe the key elements of implementing a Water Rate Assistance Program, including options such as: • Discount calculation (how to determine the size of the discount); • Rebate mechanisms (discounts, retroactive bill refunds, indirect assistance, etc.); and • Qualification process (how to ascertain the low-income status of customer). Task le. Technical Memorandum As a final task, we will develop a draft and final technical memorandum that will include the findings from Tasks 2, 3, & 4. Task 2. Community Outreach Support The delivery of task 2 will be on an as needed basis. Our project team will develop a PowerPoint presentation to be delivered at each public presentation, along with any needed supporting materials. In advance of each public meeting, our team will coordinate with City staff to fine tune the messaging for the intended audience. The presentations will be provided by Stantec, Hildebrand Consulting, LLC, and/or CV Strategies. Design with community in mind 25A-10 � } (. - : ./ :- \\\\ /\ \ _ \\ :� {\\\ . -- ::l:7:lo •::: Tx_ k_ / 9 «z>t |E o o o =7/t .z 1» ] 4\}})}Z}7|707 {}}/{\{ \ §7\ - - :» : �_::�_:_,�,\> ;>}!>:: // !!/: \ ( \ 25A.11 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE APPROVE AN AMENDMENT TO THE AGREEMENT WITH CHAZEY PARTNERS, INC., IN THE AMOUNT OF $91,735 FOR THE EXPANSION OF THE SCOPE OF WORK FOR THE BUSINESS PROCESSES ASSESSMENT AND IMPLEMENTATION PROJECT, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $504,735 (NON -GENERAL FUND) (STRATEGIC PLAN NO. 7, 5E) CLERK OF COUNCIL USE ONLY: _••e• ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CK�P►111►1�1q�iC� /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute the First Amendment to the Agreement with Chazey Partners, Inc. for the expansion of the scope of work of the Public Works Agency Business Processes Assessment and Implementation Project to include Building Maintenance, Fleet Services, Central Stores, and City Yard Operations, increasing the agreement amount by $91,735, for a total agreement amount not to exceed $504,735, including expenses, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 20, 2018, at the conclusion of a competitive Request for Proposals process, the Public Works Agency (PWA) entered into an agreement with Chazey Partners (Chazey) to complete an assessment of PWA business practices and to assist with the implementation of recommended operational changes associated with the assessment. Most PWA business processes currently in use were implemented over 30 years ago with few updates over the years. Some processes had evolved to accommodate specific work locations, available technology, and individual employee computer skill levels. PWA management desired to take advantage of opportunities proposed by Chazey to streamline operations and improve efficiency, with a goal of better managing grants, being a better stewardship of public funds, and improving service delivery to the community. In November 2018, as part of a reorganization to streamline operations, the City began the process of transitioning the City's Building Maintenance, Fleet Services, Central Stores, and Corporate Yard operations from the Finance and Management Services Agency to PWA, beginning in Fiscal Year 2019-20. As part of this reorganization, PWA management asked Chazey to expand the scope of the Business Processes Assessment and Implementation Project to also review the administrative processes of the newly added operations. 25B-1 Amend Agreement with Chazey Partners, Inc. February 4, 2020 Page 2 Chazey proceeded with the project in two phases, incorporating the expanded PWA operations. In Phase 1, Chazey's assessment identified and prioritized stakeholder needs, quantified full-time equivalent (FTE) effort and associated costs for PWA business processes, and benchmarked current activities against peer organizations. Chazey conducted roundtables to gather current -state process steps and to design future -state processes with PWA and other City agencies' input. A key Phase 1 output was a prioritized Opportunity Matrix highlighting expected efficiencies from business process improvement (Exhibit 2). The Opportunity Matrix included 62 potential opportunities for process improvement across Public Works. Each opportunity was ranked for its Benefit, Cost, Time, and Difficulty to implement and then were reviewed and prioritized with PWA staff. This prioritized Opportunity Matrix was also reviewed with the project governance committee that included the Executive Directors of the Public Works Agency, Finance & Management Services Agency, as well as the Chief Technology Innovations Officer. Phase 2 comprised the design, build, and implementation of identified process improvement opportunities. The following four projects were selected for immediate implementation: Consolidated Customer Invoice Statement: Provides a customer -friendly accounts receivable statement for Public Works customers. Statements will be available "on -demand" for PWA customers and include itemized invoice charges, applied payments and credits, and aging buckets for amounts due. Prior to this, providing a consolidated statement required a manual review of all customer invoices, researching and reconciling both payments and credits assigned to each invoice, and then manually developing a statement for the customer. Chazey staff has designed the statement document, completed the report formatting, and will coordinate the upload into Lawson (the City's Enterprise Resource Management system). 2. Automated Vendor Notifications: Using data and existing functionality in Lawson, Chazey created an automated notification process for PWA vendors and the supporting engineering administrative staff. These notifications will identify when vendor insurance coverage expires, allowing the engineering department to be proactive in gathering the required documentation without disrupting the vendor's planned engagement with the City. Prior to this, a member of the PWA administrative staff was responsible for manually identifying the expiration of coverage and contacting both the vendor and supporting City engineering staff to update the documentation to reflect active insurance coverage. The streamlined process will allow the engineering department staff members to work directly with the identified vendor to keep them current. 3. Implementation of a Cycle Count Process: As part of the expanded Phase 1 scope, Chazey identified a need for a regular cycle count process in the City's Central Stores warehouse. Implementing a cycle count process is a best practice in which different portions of inventory are physically checked on a continuous schedule. This process will help control inventory shrinkage and manage accounting activity related to the inventory current. Chazey developed the documentation, identified specific Lawson system requirements, and prepared execution instructions for the warehouse staff. Prior to this, no regular cycle count was performed and there was little documentation or support from Lawson for this process. 25B-2 Amend Agreement with Chazey Partners, Inc. February 4, 2020 Page 3 4. Automating project billing data entry into ePersonality: Because the City is engaged in various projects funded through state and federal grants, labor hours allocated to each project must be tracked for grants management and billing purposes. Chazey utilized Robotics Process Automation (RPA) to automate data entry and allocation of project labor hours from a timekeeping database directly into the City's ePersonality payroll system. Currently this process is a highly manual, time-consuming effort that takes one FTE in PWA approximately 2 days each month to complete. After the automation is complete, and following a payroll software upgrade, the time to complete this process will be reduced to a half -day of effort or less each month. It was subsequently decided by PWA Management and the project governance committee that, using the Opportunity Matrix as a guide, the remaining 58 opportunities would be prioritized and implemented by PWA staff in conjunction with supporting City agencies. Chazey will complete the four selected projects, providing software programming and implementation instructions, where required. The requested compensation increase of $91,735 will allow Chazey to be compensated for work completed in the delivery of the expanded Scope of Work (Exhibit 1). As stated earlier, the additional Scope of Work was to expand the scope of the Business Processes Assessment and Implementation Project, including the administrative processes of the newly added Building Maintenance, Fleet Services, Central Stores, and Corporate Yard operations from the Finance and Management Services Agency to PWA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization), Strategy E (identify best practices and opportunities for process improvement and automation across City departments in order to provide efficient and effective delivery of City services to the community. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Expenditures for the Chazey Partners, Inc., agreement amendment will be paid by Public Works internal service funds, accounted for in the Public Works Administration & Planning fund, as outlined below: FISCAL YEAR ACCOUNTING UNIT -ACCOUNT# FUND DESCRIPTION ACCOUNTING UNIT, ACCOUNT DESCRIPTION AMOUNT Public Works Admin Public Works — Admin Services, FY 2019-20 10117601-62300 $91,735 & Planning Contract Services — Professional Amendment Total: $91,735 All funds are budgeted and available for expenditure in Fiscal Year 2019-20. 25B-3 Amend Agreement with Chazey Partners, Inc. February 4, 2020 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: Nabil Saba, PE Kathryn Downs, CPA Acting Executive Director Executive Director Public Works Agency Finance & Management Services Agency ►691JiIUIVil Exhibit: 1. First Amendment to Agreement — Business Process Assessment and Implementation Plan 2. Opportunity Matrix 25B-4 Exhibit 1 FIRST AMENDMENT TO AGREEMENT WITH CHAZEY PARTNERS, INC. FOR BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 4, 2020, by and between Chazey Partners, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS, A. The parties entered into Agreement No. A-2018-028, dated February 20, 2018, by which Consultant agreed to prepare a Business Process Assessment and Implementation Plan for the City's Public Works Agency ("Agreement"). The Agreement expires on February 19, 2020, and is currently in effect. B. The parties wish to amend the Agreement to expand the scope of services, and increase the maximum expenditure under the Agreement to compensate for said additional services. The Parties therefore agree: 1. Section 1, Scope of Services, is amended to include the evaluation of business practices and related services for the Building Maintenance, Fleet Services, Central Stores, and City Yard divisions, as identified in Exhibit A-1 to this First Amendment. 2. Section 2.a., Compensation, is amended as follows: • Increase the total sum to be expended under the Agreement by $91,735, as detailed in Exhibit B-1 to this First Amendment. • Implement a 10%retention from any future invoice payments, to be paid within forty-five (45) days of acceptance of final deliverables. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. [Signature page to follow] #23339v2 2 5 B _5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:V= $V. JOON M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL NABIL SABA, PE Interim Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT _7 -S Name: Phil Searle Title: CEO, Chazey Partners 25B-6 #23339v2 EXHIBIT A-1 to First Amendment Chazey Partners EXTENSION OF SUPPORT FOR AGREEMENT A-2018-028 Prepared for City of Santa Ana Public Works Agency I May 2019 25B-7 Phase 2 Extension I City of Santa Ana Public Works Agency 1 PROPOSAL FOR EXTENSION 1.1 BACKGROUND In February 2018, The City of Ana Public Works Agency (PWA) engaged Chazey Partners to evaluate its financial and administrative business practices, recommend operational changes and support the implementation and operationalization of the future state operating model and processes for all Agency functions and operations, as well as the following business processes: cash; asset management; budget; procurement; billing; and timesheets. The scope of work/methodology was separated into 2 phases of work. Phase 1 was focused on the evaluation of the Agency's business practices and identifying and documenting the future state procedures and software requirements and completed on August 23, 2018. The key deliverables of this phase included: • Documentation of business processes, including As -Is processes and workarounds, and To -Be process flows in swim lane format to the desktop procedure level • Future State Recommendations with optimized, streamlined and standardized processes, including changes to current roles and responsibilities, evaluation/recommendations on policies and procedures, and recommendations for a leading practice financial, performance and compliance reporting framework • Compliance with OMB Uniform Guidance, including plans for training and maintenance • Technology assessment and specifications for any new recommended software to support the streamlining of processes and facilitate data collection, reporting and budgeting • If found necessary, the development of an RFP for the system selection and assistance in selecting the new system • Development of new operating model and organizational structure to deliver optimal future state, achieving operational and staffing improvements while incorporating technology solution(s) and enablers Phase 2 began in early September 2018. It's focus is on the implementation and operationalization of the new operating model, including processes and procedures as well as recommended / approved technology improvements. The key deliverables for this phase are: • Build of end -to -end future state processes and procedures to effectively align with technology improvements, including hand-offs and exception documentation and testing • Implementation of OMB Uniform guidance training and maintenance plans together with the new procedures and processes, ensuring these are operationalized and working compliantly • Operationalization of future state, including comprehensive implementation plans with a detailed deployment approach to support training, the rollout of technology and processes, go -live, stabilization and optimization 1.2 ADDITIONAL SUPPORT With the recent realignment of Fleet, Building Maintenance and Stores under the PWA, both the team and the administrative responsibilities have expanded. The inclusion of this work exceeded the ability to complete all Phase 2 activities within the currently approved budget. In addition, Chazey has identified up to 24 opportunities for process improvement that can be delivered as a proof of concept to PWA with training and support for implementation by PWA. Chazey Partners r - • Exhibit B-1 to First Amendment Invoice No: Invoice Date: Agreement No: FAO: Invoice To: City of Santa Ana Executive Director Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 10737 March 1, 2018 A-2018-028 Margaret Mercer INVOICE Billing for project fees for City of Santa Ana: Phil Searle Craig Ackerman Robert Towle Robert Jones Ronan Decry Janey Jux Kim Bernal Robert Salawa-Adam Lindsey LaGesse Jen Rudnicki Total Days Engagement Partner Sr. Project Manager Subject Matter Expert BPI Manager RPA Developer BPI Manager BPI Manager BPI Analyst BPI Analyst BPI Analyst Chazey Partners Inc. 52 Chestnut Avenue Los Gatos, CA 95030 US S2�21,7 Nov-18 Dec-18 Jan-19 TOTAL 0.31 0.69 1.00 2.66 2.00 4.66 11.80 12.31 24.11 - 2.50 6.78 9.28 7.00 11.50 18.50 1.75 3.88 - 6.78 5.63 6.78 - 23.52 37.16 69.96 Fees at Rates per Consultant - 31,943 47,149 79,092 Expenses 1,480 4,910 6,253 12,643 Total Invoice (US$) 1,480 36,853 53,402 91,735 Terms: Due Within 30 Days Please Please send a check to Chazey Partners Inc. at 52 Chestnut Avenue, Los Gatos, CA 95030 or wire the money in US$ direct to: Beneficiary: Chazey Partners Inc. Bank Name: First Republic Bank Bank Address: 275 Los Gatos Saratoga Road, Los Gatos, CA 95030 Wire Routing Number: 321081669 ACH Routing Number: 321081669 SWIFT Address: FRBBUS6S Account Number: 80000595265 Chaney Partners Inc. Company Registered Number: 3100351 52 Chestnut Avenue, Los Gatos, CA 95030 25B-9 N H m 2 X W N VI 00 O a--+ N N N N Q U aJ C1A Q v X >O a- J U 75 a r C d Z3 O O a-J U Q � O o mo +-+ Q G1 0 v ai (� u p O N v, O aiaau , 11 c-I 0 � _ / (\ )= \ 2 0 / { # _ f) 9 `{70 _ 7 ) !-ƒ5 ,lzt �+ _ -Ra(:)/))_§)/ {>,\\ ®�®®~ 00- :±±)®®7) \(\ee)$e]\k#&)(7 §/($( }() f7!§af\=7)#§#=»f E#}77 2f)t|\§f=§)!(()r«{m00 )\) =$lzee;«r»%#=\®®2 - \«�)9\7f){'fee )`)f+)=#\7#Gi\/k§) $ \#)7\>a#7$]$tI§¥Iz37=E27 f2. $\ 2 \/ ).2-8.2 ) ) £;-=_;lF4 )$()){0m \\\ am ■\\ m 2 0 0 E05EE0 /|i2 f [7 7f§ ) §!\EE§f )))@ 32¥■§EE+!a■ / § B m N m m m c c-I N c-1 N c-I ti m m m ti M N m N m y a T E o E C1U C7� m E E � - N �.�-° in Etc 75 o ui >O L N N y N -�6 O 3 d C N C� y Q O J LD o c m U— U O m O m o. m E U c .0 O NC -O L 0) N O mO m c E o C O b a�i o o a� _mdc '=pCD OU >rymET>, NNN UN E�jLOE O)O E O` O J fO L y O E R fn J N y •L... N Q E E N l0 am c O c E 3 r fO m To y cmma m E tO 0 > c c to d .0 E C ryry c> (n Z t0 y N Q OU C fn E c w N O W T C N w O O J2.2 .0 N .rD d d d Y Y Y Q Q Q 0 0 N 0 L_ m yU'x c0 p o m �m E O T L E_ c c O C fO V O> a > c 2 -O N y N 'E E N" E L y m E2 m 2 .N U� T E'' .M'2 O '_n E N C_ O N E N d m N N d N N C E s E m T U U C O J to U Q 't 5 y J C f0 M '> N H E D_ D_ E h N U 2 3 3 0 0 0 Y IN ek ) ) )\ /) as `LD \\ \\ a� §): {) !Q ))a M I(/ - 00 /)E EE } )E E \\/ ))( /\ /)\ / 7] f 75 7 \)\k>£\E0E §r2 ® �`� `-) s#, =2o0 § -E r \(\ _§ \§ )_\_ )!/f42fit§)*& E=a@=aaE±2= Ln N N N m m N N N N N N m N m N m m m m N N U C tO _T d o E = Cy U U a2i 3 a N t0 y = Y N c N a U c U L n m o 0 G N y U 0 N m0N U U a a 'Y O p fO O C O EU O c 0 U c C ry U N O 0 c N U �p > > `p O .-- M N O O O 20' L p. V O •N. p y U ry` O_'Op E -O '> '� y N N d N U 2 w N E` U L n'O O) O 'O U N c E' 'c c E c w O o >. m m m .� r m o m> c E m 'ac-i a"oi 'a c y E E a o E c o a 'a� o-'� m Elf � L 2 a > m O Q mL N T(3 O O O a2 U U) a o a a cq x cn cn < ,1 0 N O E c a U O c m U O c fO c O UO y ,= N O SN� pUJ O (n O E U G U N¢ C� O> N N UU -UO_ eU c O c N .O 'O �p ,N C 0 p � 0 c � c -0 N � N E � E O 0 O M N N N N N N M fN N M N M M N N N N M N M M M N N N M N M M N N U U U N 0 N m E E m E E m E C1U OU OU ;a o 5 y may- = -o O o m m E UVtn U O -per- y moo m y 'U Lip m C U N '.`� y O m O C -O w N N U N U .� -0 _0 C 2 0 d Y U O C O n .` r c y N -p M - U m- = m 0) G U O N _ D_ d y yyO y Q j t0 m CO C O_ V o N y OOfO ry C C� -0 - O•L-- U O O d C m U fO m .N N N 0 m c o pOJ N T fO E d 2 y y O E N Z 'w 3 .-- N c .N y .O y n.Of U .� N 3 O L y C O E N .O O' V U d M .M 01 N C c O N E O rL-� L -0 0 m —0 c '� .N f`O O m a m m c0.� m O y D. C A r 'O M N -0 '0 C- COJ '� C E m m C in N N m O L '"' -O N m � y � :-- N N E .-- w C '� N 0_ N `O N O m N i0 'j CO G E O_:- _T O N !O O T O O .= 2' U to .� .0 m N O O N O .= C N C m in .0 E C G N c .0 c m m r U m U y .= N > �' y a c o_ a� `b' N d O O Q T o ,C — y N N o n'm m m m w o a—>i -yo f U m o c — 2 o_._ o c N_ y N_ y m d m y Z N r y N d U '> 0 O_ 'N E U s N .-- -`00 O_m > U� O L -O -O L N -0 T C� U- y uEi C N O m N L E E U L m a y U L m� 3 .Fj O C E N m ui y ry N '"' 0),- L m 0 U U V O).- L m O 8 N O` L V b 0, N m 0).0 L N D_O. m 'M.� m y 1 O U N c 0 0 -Mo o_a m m m.� m a� U m m.S m m E a a a x x x Y Y Y yn L_ m `o y w m m 0 fO � 3 m m m y E m �, CT m > O N .E N_ -O 00 L O_ NU N M Z EO N N r E 0) in m may- O U m o m O -0 E¢ ,k .E a m UmU O c M f0 N y y O_d y O E N w -0 m 0 y 3 N C 0 E N m ym C�'�-0 CNOJ E y y N UO N 'C C in N 'U O) L L y .a .0 N C= ? Z' m D_ 30 N U D_ T O -0 c U C m LT U m U- � m C m � U N 0 O- O Z m y y eU eU O O -ip O -i0 c N .0 c N .0 c N .0 LE N T3 N 0 N ,N ,N M.N n m o_ m o_ in O U) O in O v � m a a a 1.1 15t$-'I 5 N N N m M I N c-1 c-I c-I N N c-1 m m ^n m m m m m m N N m U a� U C t0 C fO E E = O U = O U �> c d o 0 2 d m L O d N N N ? N o 2--Fi oo" c N F a t -8 t5 c m N '- � U 'O O O � 'p y O� N c C �` U N D• C O O N C O ._ .N N 2046 TL E f0 N C ry pUj n 'O d 0_ C •L-- N N •L-- N O m y N m O c 'O y L y U U N O �L_ U �mZ> Noaw Ea�� da2 a.SE a ='p G y a C' C fn y E .S O O_ _ C fO c O -O C� N- Y oa o_.S m -op m E w d m m N 2 2 Y Y cP N X y N N N 'p O Q N p L N N < O N C Y N C Y -O N V1 U H.V 'p0 _O � N c � T � O` = d C �0 'N ytn>> c N O a 0 m N ''pC y_ N �Nn C C N N O 0 f0 N T N CJ NyN ..�-1 fJO O O L O m E (n C L c� N p U3: o y c o c m N fn�L `odP�'=E�m�'��a.Nm �o�a a 'y �° c aoi P m aoi U mO `o LS m ,n m `o -p ov2a oS 106 c O c o c N .O c N .O C � G n o cn 0 U) 0 C w d' a a m N N M N N M N N N (h M N U C t0 _ m y E E � O O C7U U a -O 'N o c c'? m L 2 L N N c C 'U O 0 y O N ocoi a� � o a W a `O o c c 'm o m E a m--o 2= O w p y O N y E fA y 7 O 0 O> w -O — o O Y O O E C c C O O -ca ,N N L c '0 0 O C N C N ,O fn m c t c m �c .N --F; ao E L C C L y c D) C 2 U N O m m C 0 o m" N U) d 0 2 Y Q 0 N c o C y y� N y yy pTj M O O N y L U y L yo vc E t > d N C � t0 f0 E O -O 0 ,.L-- O 15.2 c p O_ m O N N .ono o-om o—Uo of 2 1 -O 'S N fO �j O O .0 U 0 Z c E ry N m c � c m m U � H A5 Q 0 y _ w -17 - #,ƒ =,)§aE�r§\$= EP» 27�=:■f=f2\f )§/\\}\ {§)2)}\\kp\\\- - ma>, Et`l2�=-- `t ,s=2=,a«f--E:_!®*;=£2+? #\3))i)§ 2&f®#§ja3))f)/37/G"29/E2 ±ff«IR[±&\)«I]}\)\k\§k)\\)�/))k{) . cs0 t-A}))/kk/A£#m w mR7j}mcs0 0 --\\\�k �(§)// \\E#0- )kkkt}E §° . \ \ \\§ {( \\ sa \ \}\\ )\ ;{ 2 of {)} 0 ti N N M N N N N N N M N N T Q T c J '- 0- N C E y E N C C -o S y •� O c N N O d N E d N 0- N _ tO N N m n E y N N in TC N E .� N C M N N in t0 .L-- �j O is is fO y U fO 0 fO 0_ H CC N > O) w c N 3 y C -O fO -O LJJ N C N c U) .yL y y y U -np' C fn -O N E Upy UE 0 3 0 ` O y 5 C U 5 N O m N O O U .y- y d y y C .S O U C -O f0 tO r N t0 O-L C O 5 0 L O E C y 3 E L 2 2E2 Z a c m E c y c c m c m O N O m N ry U O m �0 C c O Z O y E N O N L m y y L o `O '00 � n � 0 o m aEi E m O m c yE `oa E N �' o. 3 y c y c .� c o c E 'y 50 N a L t0 O .E N U N O) L O U O MN C L• d.� -O O d U_ N N d E O O O N -O y .> y fO N N N > Z N r C U y y N y E C vL... �! J (y/1 (y/1 Q Z O_ Z Q Z U U L U Z U J • • • • • • • • • • • • • • c N c N E E m C C m C O) O U a� O) C c H Q U U i+ J J J U U U U \j\) Or \]\2 \ gF= mw0a M-- - { m )) .2E2 o _//) iƒ) *§32 7 /f£))/\,ƒ� ■r¥,EE=!`4-)\®�7�§e3�| 7&27§E=mL0m!o\f¥4=a=a! \\ \\ 7 0 _ 0 \\E /k \) / \)}:k0 b¥ - 9-6,— f +0 \/ixX }7E» # e/k \\ )km j\2 a § k(#) )_ /\)!%a«23, �S S 25B- O 0 « Of : CY j CY 0 0 § ! \ E §I/ ]■ 0 // it . < I w !f f f (\a { {k± ;EQ: t»7�_.■§ r\/)fi®m \ E#;_!,` 0 =g;/ \( ' \\ \\ / - _ _ r / \ \ \Ekƒ 200 \ \-\�\\ \ \(\(J\ o !=§;;{a «!@sE - \=.g0 ,2&! ;E /\)\ /)) _ t�;==#&7)o«ggƒ )ƒ)®=A(®#\ ({_ } +ƒ)�/E/ °<m\®- §mo)/±/)] « _ -«S0F_ <2 . |f #) )\ )E REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2020 TITLE: ADOPT A RESOLUTION SUPPORTING NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA SUBMITTAL OF AN APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM {STRATEGIC PLAN NO. 3, 2; 5,3 & 61 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ rK•�rnutn�.ic. FILE NUMBER RECOMMENDED ACTION Adopt a resolution supporting National Community Renaissance of California's submittal of a funding application for the Affordable Housing and Sustainable Communities Grant Program for an amount not to exceed $30,000,000 for the Legacy Square project located at 609 North Spurgeon Street, and if awarded, authorizing the City of Santa Ana to enter into an agreement with National Community Renaissance of California to use grant funds to construct the surrounding transportation -related improvements for the project, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 15, 2019, the City Council authorized the City Manager and Clerk of the Council to execute a pre -loan commitment letter with National Community Renaissance of California ("National CORE") with Mercy House Living Centers ("Mercy House") as the service provider for $3,170,547 in Inclusionary Housing Funds for the development of the Santa Ana United Methodist Church affordable housing project located at 609 N Spurgeon Street, Santa Ana ("Legacy Square"). The Housing Authority also approved an award of eight (8) project -based vouchers. Since that time, National CORE (the "Developer") secured their entitlements in February 2019 and has been working to secure their remaining financing to build the affordable housing project. One of the key sources of financing the Developer is pursuing is the Affordable Housing and Sustainable Communities grant program ("AHSC Program"). Administered by the Strategic Growth Council ("SGC") and implemented by the State of California Department of Housing and Community Development ("HCD"), the AHSC Program funds affordable housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas ("GHG") emissions. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive auction proceeds from the California Cap -and - Trade Program. The AHSC Program funds are offered through an annual Notice of Funding Availability ("NOFA"). 55A-1 AHSC Resolution for Legacy Square February 4, 2020 Page 2 Following a similar resolution adoption in February 2019, adoption by the City Council, the Developer applied for a Round 4 NOFA of the AHSC Program. Due to extreme competition and the lack of a high GHG reducing transit improvement (i.e., rail/commuter train) in their application, the Developer was not awarded a Round 4 AHSC grant following that NOFA. The Developer then pursued an alternative financing scenario by applying for Multifamily Housing Program (MHP) funds in August 2019 and 4% low income housing tax credits in October 2019, but the Developer did not receive funding from those sources due to extraordinary competition across the state. On November 1, 2019, HCD announced the availability of approximately $550 million in funding for Round 5 of the AHSC Program. A large portion of National CORE's financing for the project includes applying for up to $30,000,000 in AHSC funds. The deadline for the application is February 11, 2020. In order for National CORE to apply for Round 5 of the AHSC Program, the Developer will again need a Resolution supporting the submittal of the application for AHSC funding from the State of California and if awarded, authorizing the City to enter into an agreement with the Developer for the use of the funds. The Resolution is included as Exhibit 1 and the AHSC Implementation Agreement is included as Exhibit 2. Additional details on this Resolution and Implementation Agreement are provided below. The application for AHSC funds to be submitted by National CORE is not to exceed $30,000,000, of which up to $18,000,000 is requested for the Affordable Housing Development (AHD) at Legacy Square and up to $12,000,000 is requested for: • Sustainable Transportation Infrastructure (STI) - capital projects that result in the improvement or addition of infrastructure that encourages mode -shift from single occupancy vehicles by enhancing: 1) public transit service, 2) pedestrian networks, or 3) bicycle networks within the defined Project Area. • Transit -Related Amenities (TRA) - capital improvements that are publicly accessible and provide supportive amenities to pedestrians, cyclists and transit riders (i.e. bike parking, bus shelter, benches, street trees, etc.) within the defined Project Area; and • Program (PGM) activities - New active transportation, transit ridership, and/or workforce development programs or expansion of existing programs to serve new populations. The Legacy Square project is a 93-unit new construction affordable housing development at 609 N. Spurgeon Street in Santa Ana targeting low-income families making 30% to 60% area median income (Project). The development will include 33 units of housing with wrap -around supportive services. The AHSC Grant will be for a portion of the AHD and all of the STI and TRA improvements related to and surrounding the Project (Exhibit 3). The STI and TRA improvements around the project include a Metrolink signal respacing project, as well as bicycle, pedestrian and mobility improvements. The Metrolink signaling project will add additional intermediate signals and re -space existing signals in order to increase train density, line capacity, and train speeds. This project will reduce train travel time by five minutes between the Santa Ana and Laguna Niguel/Mission Viejo Metrolink stations resulting in additional peak and off-peak rail service, increased access to job centers and affordable housing, seamless connections to other rail providers including Amtrak and the OC Streetcar, additional jobs and economic development and healthier air for all. The project will remove a substantial amount of GHG emissions thereby significantly increasing Legacy's Square competitiveness to win AHSC funding for Round 5. The project is consistent with the goals set forth in the Southern California Association of Governments' 55A-2 AHSC Resolution for Legacy Square February 4, 2020 Page 3 2012-2035 Regional Transportation Plan/Sustainable Communities Strategy, which places great importance on sustainable and smart growth, as well as the interconnectivity of land use and transportation planning. The Resolution supports the submission of an application for funding under the AHSC Program (Exhibit 1). Contingent on the award of funds, the resolution also authorizes the City Manager to enter into an agreement with the Developer to utilize those AHSC funds in an amount up to $2,000,000 to develop the surrounding transportation -related improvements around the Project. If awarded AHSC Grant funds, up to $2,000,000 thereof shall be transferred to the City's Public Works Agency for the purpose of constructing STI Improvements and TRA Improvements. More specifically, the proposed improvements include a bikeway installation, crosswalk enhancements, sidewalk improvements, urban greening and traffic calming within the project area. For the City to receive these funds, the AHSC Implementation Agreement is a requirement for the Developer's AHSC application (Exhibit 2). Approximately $500,000 will also be allocated to transit programs and transit -related amenities to build and operate a bicycle kiosk, car share program, three (3) years of transit passes for each household, and onsite urban greening components. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal # 3 Economic Development) Objective # 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies, as well as Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no fiscal impact associated with this action at this time. If the application for AHSC funding is approved and National CORE is awarded AHSC funds for Transportation Related Infrastructure, the City of Santa Ana will enter into a contract with the Developer and HCD to utilize those funds in an amount up to $2,000,000 to develop specific improvements of the Transportation Related Infrastructure component of the project. At that time, an appropriation adjustment will be recommended to City Council to recognize AHSC Program grant funds in revenue account no (41818002-52025) and appropriating the same to the AHSC Program expenditure account no. (41818832-66220) for the project. A local match is not required for the AHSC Program grant funds. APPROVED AS TO FUNDS AND ACCOUNTS: Steven A. Mendoza Kathryn Downs, CPA Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibits: 1. Affordable Housing and Sustainable Communities Resolution 2. Affordable Housing and Sustainable Communities Agreement 3. Project Area Map 55A-3 RESOLUTION NO. 2020-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUPPORTING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM OF NATIONAL COMMUNITY RENAISSANCE OF CALIFORNIA, AND, IF AWARDED, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DEVELOPER UTILIZING THE FUNDS TO CONSTRUCT TRANSPORTATION RELATED INFRASTRUCTURE FOR THE LEGACY SQUARE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Strategic Growth Council's ("SGC") Affordable Housing and Sustainable Communities ("AHSC") Program funds land -use, housing, transportation, and land preservation projects to support infill and compact development that reduces greenhouse gas ("GHG") emissions. These projects facilitate the reduction of the emissions of GHG's by improving mobility options and increasing infill development, which decrease vehicle miles traveled and associated greenhouse gas and other emissions, and by reducing land conversion, which would result in emissions of greenhouse gases. B. On November 1, 2019, the Department of Housing and Community Development ("HCD") announced availability of approximately $550 million in funding for the AHSC Program, also known as the Cap & Trade Program. C. The State of California, SGC, and HCD issued a Notice of Funding Availability ("NOFA") dated November 1, 2019, under the AHSC Program, established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap -and -Trade auction proceeds. D. SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. HCD is authorized to administer the approved funding allocations of the AHSC Program. E. On December 4, 2018, the Housing and Neighborhood Development Division recommended the award of a pre -loan commitment to the Developer of Resolution No. 2020-xxx Page 1 of 3 55A-4 Inclusionary Housing Funds not to exceed $3,170,547 and eight (8) HUD-VASH Project -Based Vouchers (PBVs). Section 2. The City of Santa Ana wishes to support National Community Renaissance of California ("Developer") application to receive an allocation not to exceed $30,000,000 in funds through the AHSC Program for the development of a multi -family new construction affordable housing development and transportation related infrastructure. The Application comprises of a request for a loan (the "AHSC Loan") not to exceed $18,000,000 for an Affordable Housing Development (AHD) and a grant (the "AHSC Grant") in an amount not to exceed $12,000,000 for Housing -Related Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit -Related Amenities (TRA) or Program (PGM) activities as defined in the AHSC Program Guidelines adopted by SGC on October 31, 2019. Section 3. If the application for AHSC funding is approved, and the Developers are awarded AHSC funds for Transportation Related Infrastructure, the City of Santa Ana will enter into a contract with the Developer to utilize those funds in an amount up to $2,000,000 to develop specific improvements of the Transportation Related Infrastructure component of the project, which involves bicycle, pedestrian and mobility improvements. More specifically, the proposed improvements include a bikeway installation, crosswalk enhancements, sidewalk improvements, urban greening and traffic calming within the project area. These improvements will be described in more detail in the Final Application to be submitted by February 11, 2020 (collectively, the "AHSC Application"). Section 4. The City Manager, or her designee, is authorized and empowered to execute in the name of the City of Santa Ana all necessary applications, contracts, payment requests, agreements, amendments or any other documents related to, and in furtherance of, the Developer's application for the purposes of securing funds and to carry out the purposes specified in the AHSC application and agreement. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this_ day of , 2020. Miguel A. Pulido Mayor Resolution No. 2020-xxx Page 2 of 3 55A-5 *101IIf:31m APPROVED AS TO FORM: Sonia R. Carvalho City Attorgey i By: Ryan fod'ge Assist nt,City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2020- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2020. Date: Clerk of Council City of Santa Ana Resolution No. 2020-xxx Page 3 of 3 y i0a:11-111 a AHSC IMPLEMENTATION AGREEMENT THIS AHSC IMPLEMENTATION AND MUTUAL INDEMNITY AGREEMENT (the "Agreement") is made and entered into as of February 4, 2020, between City of Santa Ana ("Agency"), and National Community Renaissance of California, a California nonprofit public benefit corporation ("Developer", and collectively with the Agency, the "Parties", or individually, a "Party"), upon the basis of the following facts, understanding and intentions of the parties: A. The State of California, the Strategic Growth Council ("SGC") and the Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability dated November 1, 2019 (the "AHSC NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC") Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. B. Developer is applying for AHSC funds in response to the AHSC NOFA to provide funding for (A) construction of Legacy Square, a 93-unit affordable housing project located at 609 N. Spurgeon Street in the City of Santa Ana (the "Housing Project'); (B) the construction of certain housing related infrastructure (the "HRI Improvements"); (C) the construction of certain sustainable transportation infrastructure (the "STI Improvements"); (D) the construction of certain transit related amenities (the "TRA Improvements"); and (E) certain costs related to educational programs (the "AHSC Programs"). These improvements will be described in more detail in the Final Application to be submitted by February 11, 2020 (collectively, the "AHSC Application"). C. The AHSC Application seeks an award to the Developer in an aggregate amount not to exceed $30,000,000 in AHSC funds including a loan (the "AHSC Loan") not to exceed $18,000,000 for an Affordable Housing Development (AHD) and a grant (the "AHSC Grant') in an amount not to exceed $12,000,000 for Housing -Related Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit -Related Amenities (TRA) or Program (PGM) activities as defined the AHSC Program Guidelines adopted by SGC on October 31, 2019. The AHSC Grant funds will be disbursed to the Developer. If awarded AHSC Grant funds, up to $2,000,000 thereof shall be transferred to the City for the purpose of constructing STI Improvements and TRA Improvements. More specifically, the proposed improvements include a bikeway installation, crosswalk enhancements, sidewalk improvements, urban greening and traffic calming within the project area. These improvements will be described in more detail in the AHSC Application to be submitted by February 11, 2020. D. The Agency and Developer are required to enter into this Agreement in order to comply with the specific AHSC Program Threshold Requirement stated in Section 106 (a) 12 (A) of the 2019 AHSC Program Guidelines dated October 31, 2019 (the "Transportation Agency Prior Experience Threshold Requirement'). This section of the guidelines dictates that applicants must demonstrate prior experience by providing evidence of at least two prior projects that are similar to the proposed AHSC project in scope and size, which have been completed by the applicant, or joint applicant, during the ten (10) years preceding the application due date. This section of the guidelines also states that the applicants may demonstrate the requisite experience by using the past experience of work completed of a non -applicant so long as the applicants can provide an executed agreement with that specific non -applicant for the completion of the related 55,�-7 i0a:11-111 a work in the AHSC Application for which funding is sought. The purpose of this Agreement is to, amongst other things, comply with the Transportation Agency Prior Experience Threshold Requirement. E. The Agency is a non -applicant, but, as set forth herein, shall implement the specific STI Improvements and IRA Improvements, included in the AHSC Application. (collectively, the "Transit Obligations"). F. The Developer shall be responsible for constructing and developing the Housing Project, and certain HRI Improvements, Educational Programs and TRAs or STI's (together, the "Developer Obligations"), and for all costs and expenses related thereto and the Agency shall be responsible for developing and constructing the Transit Obligations, and for all costs expenses related thereto. In connection with the AHSC Grant and AHSC Loan, Developer is required to enter into standard agreements, disbursement agreements, and regulatory agreements with HCD where Developer will be liable for the full and timely performance by the parties to complete the obligations set forth therein, including completion of the Housing Project, completion of the HRI, STI and IRA Improvements, and funding of the AHSC Programs, as described in the AHSC Application. The AHSC Application and all standard agreements, disbursement agreements, regulatory agreements and any other agreements required by HCD in connection with the AHSC Grant and AHSC Loan shall be collectively referred to herein as the "AHSC Documents". NOW, THEREFORE, in consideration of the recitals, covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: AGREEMENT I. Obligations. The Agency shall complete the Transit Obligations in accordance with the terms of the AHSC Documents and the approved design and construction documents. The Developer shall, in its sole responsibility, complete the Developer Obligations in accordance with the terms of the AHSC Documents and the approved design and construction documents. 2. Indemnification. (a) Agency Indemnity. Agency shall indemnify, defend, protect, and hold harmless the Developer and its affiliates, directors, officers, partners, members, agents and employees (each, a "Developer Indemnified Party") against any and all third -party suits, actions, claims, causes of action, liabilities, costs, and expenses (including attorneys' fees) as incurred (collectively "Damages") arising out of or in connection with Agency's performance of or failure to perform the Transit Obligations and/or obligations hereunder, in the manner and within the time periods, and to otherwise perform any covenants, set forth in the AHSC Documents applicable to the Transit Obligations or its obligations hereunder. However, in no event shall a Developer Indemnified Party be indemnified hereunder for any Damages resulting from such party's sole negligence or willful misconduct. Agency agrees to pay all of the costs and expenses of the Developer Indemnified Parties, including attorneys' fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all 55b-8 i0a:11-111 a such costs and expenses which may be incurred by any Developer Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party. (b) Developer Indemnity. Developer shall indemnify, defend, protect, and hold harmless the Agency and its affiliates, directors, officers, partners, members, agents and employees (each, an "Agency Indemnified Party") against any and all Damages arising out of or in connection with Developer's performance of or failure to perform its Developer Obligations to complete construction and development of the Housing Development, in the manner and within the time periods, and to otherwise perform any covenants, set forth in the AHSC Documents. However, in no event shall the Agency Indemnified Party be indemnified hereunder for any Claims resulting from such party's sole negligence or willful misconduct. Developer agrees to pay all of the costs and expenses of the Agency Indemnified Party, including attorneys' fees, which may be incurred in any effort to enforce any term of this Agreement, including, but not limited to, all such costs and expenses which may be incurred by any Agency Indemnified Party in any legal action, reference or arbitration proceeding brought by HCD or other third party. (c) Notwithstanding the generality of the foregoing, neither party is liable to the other party (including any person or entity claiming through the other party) for the other party's lost profits or special, incidental, indirect, consequential, or exemplary damages arising out of or in any manner connected with this agreement or its subject matter, regardless of the form of action and whether or not the non -claiming party has been informed of, or otherwise might have anticipated, the possibility of damages. However, the limitations of liability set forth in this section 2(c) or elsewhere in this agreement do not apply to, or take into account, damages: (i) resulting from the gross negligence, bad faith, or the willful or intentional misconduct of a party or its personnel; or (ii) stemming from personal injury, death, or property damage caused by a party or its personnel. 3. Schedule of Performance; Progress Reports. The Agency shall comply with the schedule of performance set forth on Exhibit 1 attached hereto for the completion of the Transit Obligations hereunder (the "Schedule of Performance"). 4. Cost Overruns. Developer shall be responsible for paying all costs required to complete the Housing Project, irrespective of whether such costs exceeds the AHSC Loan and the portion of the AHSC Grant designated for the HRI Improvements. Agency shall be responsible for paying all costs required for the Transit Obligations irrespective of whether such costs exceed the portion of the AHSC Grant designated for the Transit Obligations. 5. Disbursement of AHSC Grant Funds. Developer and Agency agree that the AHSC Grant funds shall be disbursed directly to the Partnership. 6. Notices. Formal notices, demands, and communications between the parties shall be sufficiently given if, and shall not be deemed given unless, dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered by express delivery service, return receipt requested, or delivered personally, to the principal office of the parties as follows: Agency: City Manager City of Santa Ana 554-9 i0a:11-111 a 20 Civic Center Plaza, Santa Ana, CA 92701 Developer: Michael Finn Chief Financial Officer National Community Renaissance of California 9421 Haven Avenue Rancho Cucamonga, CA 91730 7. Events of Default. The occurrence of any of the following events shall constitute an "Event of Default" under this Agreement: (a) A Party fails to perform any of its obligations under this Agreement, and does not cure such failure within 30 days after written notice of such failure has been delivered to the defaulting party; or (b) A Party purports to revoke this Agreement or this Agreement becomes ineffective for any reason (other than by virtue of the application of clauses (i) or (ii) of Section 8). 8. Termination. This Agreement shall terminate upon the earlier of: (i) completion of the all obligations under the AHSC Documents; or (ii) mutual agreement of the parties hereto; or (iii) the occurrence of an Event of Default. 9. Third Party Beneficiary. The Partnership shall be a third party beneficiary of this Agreement and shall be entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were a party to this Agreement. 10. Miscellaneous. (a) Nothing in this Agreement shall be construed to limit any claim or right which any party may otherwise have at any time against an indemnifying Party under Section 2 or any other person arising from any source other than this Agreement, including any claim for fraud, misrepresentation, waste, or breach of contract other than this Agreement, and any rights of contribution or indemnity under any federal or state environmental law or any other applicable law, regulation, or ordinance. (b) If any party delays in exercising or fails to exercise any right or remedy against a Party, that alone shall not be construed as a waiver of such right or remedy. All remedies of any Party against the other Party are cumulative. (c) This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective representatives, heirs, executor, administrators, successors, and assigns. This Agreement may not be amended except by a written instrument executed by the parties hereto. 55A-10 iMa:11-111 a (d) This Agreement shall be deemed to have been delivered and accepted in the State of California and governed exclusively by the internal substantive laws of the State of California as the same may exist at the date hereof. The parties hereto hereby agree that any action hereon between the parties hereto and their successors in interest may be maintained in a court of competent jurisdiction located in the State of California, and consent to the jurisdiction of any such California court for the purposes connected herewith. (e) Each party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person other than the parties hereto and the Partnership. (t) This Agreement may be executed in multiple counterpart copies, any one of which when duly executed, with all formalities hereof, shall be fully binding and effective as the original of this Agreement. (g) This Agreement shall be effective as of the date first written above, provided however that in the event that the Developer does not receive an award of the AHSC Loan and AHSC Grant, this Agreement shall automatically terminate and be of no further force or effect. (h) The provisions of this Agreement that, by their nature and content, must survive the completion, rescission, termination, or expiration of this Agreement in order to achieve the fundamental purposes of this Agreement will so survive and continue to bind the Parties. Without limiting the generality of the foregoing, the Parties specifically acknowledge that the provisions of Section 2 will survive and continue to bind the Parties. [Signatures on following page] i rd (3-U�a W f6 55A-11 Each of the undersigned hereby executes this Agreement in the spaces provided below to evidence their respective agreement to the terms of this Agreement. Agency: By: Name: Its: Developer: National Community Renaissance of California By: Name: Its: AS TO FORM Attorney 0 55A-12 EXHIBIT 1 Schedule of Performance 55A-13 I0:P.11-111 a Exhibit 1: Schedule of Performance Note: It is acknowledged that some of the following milestones may have already been achieved. For those milestones which have previously been met, the month and year completed has been provided. For those milestones not yet completed, a projected completion date (MM(YY) for each of the applicable items is provided below. STI MILESTONES STI Capital Project Milestone Schedule Estimated Date* Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the Project develoment 02/20 Site Control ofsite(s) by proposed developer. 12/18 Completed of all necessary environmental clearances, including those required under CEOA and NEPA. N/A Obtained all necessary and discretionary public land use approvals. N/A -by right Submission of Final Construction Drawings and Specifications to the appropriate local permitting authority. 6/21 Commencement of construction. 9/21 Construction completion and closeout. 12/23 Program funds fully disbursed. 12/23 TRA MILESTONES TRA Capital Project Milestone Schedule Estimated Date* Executed binding agreement between the Recipient and developer of the proposed development detailing the terms and conditions of the Project develoment. 02/20 Site Control of site(s) by proposed developer. 12/1 g Completed of all necessary environmental clearances, including those required under CEOA and NEPA. NIA Obtained all necessary and discrotionary public land use approvals. N/A -by right Submission of Final Construction Drawings and Specifications to the appropriate local permitting authority. 6/21 Commencement of construction. 9/21 Construction completion and closeout. 12/23 Program funds fully disbursed. 12/23 ` Subject to change after award of AHSC funds. Schedule to be finalized with City, HCD and Developer. 55A-14 is jalln=i ul V u a aCA T ` I o �V /o.III G7 J % lls o U, J e� COIL >....I a UI 1 W 0 O f `>l O ' p''G # o'iti��e ,., iawl io I iS is 4ouajj 00 �yd C O J O U c d m N O 3 0) a m n C C C (6 01 01 Q U m O O O C go N N N U y E 3 _03 Q O N a U U w U` m of ° E n n a .- It Z� C Q N N 3 3 3 Q N E O (6 C -j ii cn H U U U cn cn Jppo�... W IS uoa6indS N N Mobility Improvements Description 1. Bike lanes Class II on Santiago St between Washington Ave to Trans Ctr. (0.75 mi) 2. Speed cushion on 5th St. between Mortimer/Minter 3. Speed cushion 5th between Porter St./Lacy St 4. Mortimer/6th Pocket Park (Urban Greening) 5. New or sidewalk repair x Repair sidewalk at 6th St. between Minter/Porter (SS) x Repair sidewalk at Santa Ana Blvd. between Lacy/alley (SS) x Repair sidewalk at Minter between 4th/5th (both sides) x Repair sidewalk at Minter s/o 6th (WS) x Repair sidewalk at 5th between Porter/Lacy (NS) x Repair sidewalk at Lacy between 4th/5th (WS) x Repair sidewalk at Lacy between Santa Ana/Civic Center (WS) x Repair sidewalk at Garfield between Civic Center/Vance (Both sides) x Repair sidewalk at Minter between Civic Center/Vance (Both sides) x Various repair sidewalk locations to be determined. x Construct sidewalk on the SE corner at 6th/Garfield 6. Install Continental Crosswalk x Four (4) high visibility continental crosswalks @ 4th/Lacy St. x Four (4) high visibility continental crosswalks @ Santiago/Washington. x One (1) high visibility continental crosswalks @ Santiago/SARTC Driveway 7. Install Rapid Rectangular Flashing Beacon x Santiago at SARTC Driveway 8. Curb Extension (Per Corner) x Two (2) curb extensions @ 3rd/Lacy St (SW,SE) x Two (2) curb extensions @ 2nd/Lacy (NW, NE) x Two (2) curb extensions @ Garfield/Vance (SW, SE) x Two (2) curb extensions @ Minter/Vance (NW, NE) 9. Curb Reduction (Per Corner) x One (1) curb reduction @ 4th/LacySt.(NE) x One (1) curb reduction @ 4th/Garfield (NW) 10. 3rd/Bush Traffic Circle Bulbouts (2) -Bolt Down 11. Curb Ramps x 3 at 5th/Minter (NW, SW, SE) x 2 at 4th/Lacy (SW, SE) x 1 at 4th/Garfield (SW) x 2 at 5th/Porter (NW, SW) 55A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 21, 2020 TITLE: DISCUSS AND CONSIDER DIRECTING STAFF TO RESTRUCTURE OR DISBAND ONE OR MORE EXISTING CITY COUNCIL COMMITTEES AND MAKE ANY APPOINTMENT CHANGES {STRATEGIC PLAN NO. 5, 11 CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Discuss and consider directing staff to restructure or disband one or more existing City Council Committees and make any appointment changes. DISCUSSION To ensure the diverse issues and challenges facing the City are adequately addressed, the City Council has the ability to establish council committees either as standing committees or "Ad Hoc" committees. Standing committees continue indefinitely and require periodic evaluation to ensure the committee is necessary; fulfilling their intended purpose; and, providing value. Ad Hoc committees are formed for a limited duration for a specific goal and then are disbanded. In 1999, the City Council first established standing council committees, with a review of those committees taking place in January of each year. Currently the City Council has four (4) established committees as follows: COMMITTEE MEMBERS MEETING LEAD AGENCY SCHEDULE QUARTERLY 1. Iglesias Feb., May, Aug., Nov. Finance Economic 2. Penaloza Development, 3. Solorio Advisory: Infrastructure, Budget 2"d Monday, 5:00 pm. • Planning & Building and Technology • Public Works • Community Development • Information Technology 65A-1 Revise or Affirm Council Committee January 21, 2020 Page 2 COMMITTEE MEMBERS MEETING SCHEDULE LEAD AGENCY Public Safety, Code QUARTERLY 1. Penaloza Mar., June, Sept., Dec. Police Department Enforcement and 2. Villegas Neighborhood 3. Iglesias as g �a 2 Tuesday, 5:30 pm. Advisor y: Empowerment • Planning & Building Biannually 1. Iglesias Feb. & Aug. City Manager's Office Legislative Affairs, 2 Penaloza Ethics, Transparency 3. Solorio 4" Wednesday, 12 Advisory: and Communications noon •City Attorney • Clerk of the Council QUARTERLY" Youth, Education and 1. Iglesias Jan., April, July & Oct. Parks, Recreation and Community Services 2. Solorio Community Services Committee 3. Villegas 3ra Monday, 5:30 p.m. Agency AND Joint Santa Ana QUARTERLY* Unified School District Jan., April, July & Oct. and City Council 4" Monday, 5:30 p.m. Committee "No meetings held in over a year. PURPOSE OF EXISTING COUNCIL COMMITTEES Economic Development, Infrastructure, Budget and Technoloqv Per the by-laws, the committee shall be a vehicle for informational presentations as well as policy matter consideration related to economic development, infrastructure, budget and technology issues, brought or referred by the City Manager, or a City Department head (Exhibit 1). Public Safety, Code Enforcement and Neighborhood Empowerment Per the by-laws, the committee shall consider policy matters related to public safety and neighborhood improvement issues, brought or related to public safety or neighborhood improvement issues, brought or referred by a Committee member, the City Manager, or a City Department head (Exhibit 2). Legislative Affairs, Ethics, Transparency and Communications Per the by-laws, the committee shall consider legislative policy matters related to all City business, brought or referred by a Committee member, the City Manager, a City Agency or the City's legislative representatives or advocates, as well as receive and review complaints on Code of Conduct and Ethics and how the City communicates with the public (Exhibit 3). 65A-2 Revise or Affirm Council Committee January 21, 2020 Page 3 Youth, Education and Community Services Committee Per the by-laws, the committee shall consider policy matters related to parks, recreation, and education, along with issues concerning youth, brought or referred by a Committee member, the City Manager, or a City Department head (Exhibit 4). Joint Santa Ana Unified School District and City Council Committee Per the by-laws, the committee shall consider policy matters related to parks/recreation, and education joint issues concerning youth, brought or referred by a Committee member, the City Manager, or Superintendent of Schools (Exhibit 5). STRATEGIC PLAN ALIGNMENT Consideration of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no material fiscal impact associated with this action. Daisy Gomez Clerk of the Council Exhibits: 1. Economic Development, Infrastructure, Budget and Technology By -Laws 2. Public Safety, Code Enforcement and Neighborhood Empowerment By -Laws 3. Legislative Affairs, Ethics, Transparency and Communications By -Laws 4. Youth, Education and Community Services Committee By -Laws 5. Joint Santa Ana Unified School District and City Council Committee By -Laws 65A-3 EXHIBIT 1 J THE SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET & TECHNOLOGY ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Economic Development, Infrastructure, Budget and Technology. ARTICLE lI - PURPOSE The Committee shall be a vehicle for informational presentations as well as policy matter consideration related to economic development, infrastructure, budget and technology issues, brought or referred by the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies that affect economic development, infrastructure, budget and technology issues in the City of Santa Ana. The committee may provide cormnent and recommendations regarding information presented. The Committee may provide input and recommendations regarding the implementation of policies related to economic development, infrastructure, budget and technology. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COM- IITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers The officers shal I be a Chair and a Vice -Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the neat regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. I 66A-4 SECTION D —Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and. special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS _k SECTION A — Regular Meeting The regular meeting shall be held bi-monthly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, 20 Civic Center Plaza, Room 1600, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B — Special Meeting Special meetings may be called at the discretion of the Chair, at the request of two (2) members, or at the request of the City Manager for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D — Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences, excused or unexcused, during a calendar year. ARTICLE VI— PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V —ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall be recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: MAY 15rn , 2017 65A-5 EXHIBIT 2 PUBLIC SAFETY CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT COMMITTEE BY—LAWS ARTICLE 1— NAME The Committee shall be known as the Public Safety Code Enforcement and Neighborhood Empowerment Committee. ARTICLE II — PURPOSE The Committee shall consider policy matters related to public safety and neighborhood improvement issues, brought or related to public safety and neighborhood improvement issues, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III — POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people and other groups and interests in the City in regards to policies or projects that affect public safety and neighborhood improvement issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to public safety and neighborhood improvement. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be - referred to the full City Council ® ARTICLE IV— COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be comprised of three sitting members of the Santa Ana City Council. SECTION B—Officers The officers shall be a Chair and a Vice -Chair.' The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C—Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D— SecretarV A secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. 65A-6 ARTICLE V — MEETINGS SECTION A — Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be the Ross Annex, Room 1600 at the Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana as the capabilities of the room include video/audio, film and live steaming. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B—Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as states in the call for the meeting. SECTION C— Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D—Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences, excused or unexcused, during a calendar year. ARTICLE VI — PARLIMENTARY AUTHORITY The current edition of Robert's Rule of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE VII —ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall be recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE 65A-7 1*:1:11.7Yd1c1 LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY, AND COMMUNICATION COUNCIL COMMITTEE BY—LAWS ARTICLE I — NAME The Committee shall be known as the Legislative Affairs, Ethics, Transparency, and Communication Council Committee. ARTICLE II - PURPOSE The Connnittee shall consider legislative policy matters related to all City business, brought or referred by a Committee member, the City Manager, a City Agency or the City's legislative representatives or advocates, as well as receive and review complaints on Code of Conduct and Ethics and how the City communicates with the public. ARTICLE III —POWERS AND DUTIES The Committee shall receive input from staff, citizens, business people, legislative representatives and advocates in regard to legislative matters before the State or Federal government. The Committee shall make recommendations to the Council on legislative priorities. The Committee is tasked with periodic review of the 2008 voter approved Code of Conduct and Ethics to ensure that the code is an effective and vital document. Also, the Committee may recommend policies, protocols, and strategies to effectively communicate with residents, businesses, media, and interested parties. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A — Members The Committee shall be composed of three sitting members of the Santa Ana City Council. SECTION B - Officers There shall be a Chair and a Vice -Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report, at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C — Term 65A-8 The officers shall be elected by a majority of the members during the January meeting of the Courniittec and shall take office immediately. Nominations shall be made from the floor. SECTION D —Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — mL'ETINGS SECTION A — Regular Meeting The regutar meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is not available, an alternate site will be selected by sta Cf. SECTION B — Special Meetine Special meetings may be called at the discretion of the Chair, or at the request of a member, for the transaction of business as stated in the call for the meeting. SECTION C - _ uorum A quoin m for the transaction of business at any meeting shall consist of a majority, being both members of the currently appointed committee members. SECTIO N D —Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. ha as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLINIENTARY AUTHORITY The current eclnion of Robert's Rule of Order shall be the authority on all questions of parlianicmary Im, , unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State oC California. ARTICLE, V' — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECO[v1�iEND I'.D 13V TilE COMMITTEE: July 19, 2017 65A-9 EXHIBIT 4 THE SANTA ANA CITY COUNCIL COMMITTEE ON YOUTH, EDUCATION AND COMMUNITY SERVICES BY — LAWS ARTICLE I — NAME The Committee shall be known as the Santa Ana City Council Committee on Youth, Education and Community Services. ARTICLE H - PURPOSE The Committee shall consider policy matters related to parks, recreation, and education along with issues concerning youth, brought or referred by a Committee member, the City Manager, or a City Department head. ARTICLE III —POWERS AND DUTIES The Committee shall receive input from staff, citizens, and other groups and interests in the City in regards to policies or projects that affect parks, recreation, education and youth related issues in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to parks, recreation, education and youth. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. ARTICLE IV — COMPOSITION OF THE COMMITTEE SECTION A - Members The Committee shall be composed of t1tree sitting members of the Santa Ana City Council. SECTION B - Officers The officers shall be a Chair and a Vice -Chair. The Chair shall preside at all meetings of the Committee. The Chair shall report at the next regular City Council meeting regarding items reviewed by the Committee. SECTION C- Term The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made from the floor. SECTION D - Secretary A Secretary shall be appointed from staff. The secretary shall keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and 1 65A-10 special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A - Regular Meeting The regular meeting shall be held at least quarterly, the date and hour to be set by staff. The meeting place shall be City Hall Ross Annex, 1st Floor Conference Room 1600, 20 Civic Center Plaza, Santa Ana. In the event said meeting place is -pot available, an alternate site will be selected by staff. SECTION B - Sl ecial Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of a majority of the currently appointed committee members. SECTION D - Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a full commitment from each member, the Committee shall review, on a case by case basis, instances of two (2) consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI—PARLIMENTARY AUTHORITY The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V —ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for City Council approval. RECOMMENDED BY THE COMMITTEE: 3/27/17 2 65A-11 EXHIBIT 5 THE SANTA ANA CITY COUNCIL & SANTA ANA UNIFIED SCHOOL DISTRICT JOINT POLICY COMMITTEE BY—LAWS ARTICLE I —NAME The Committee shall be known as the Santa Ana City Council & Santa Ana Unified School District Joint Policy Committee. ARTICLE II - PURPOSE The Committee shall consider policy matters related to parks/recreation, and education joint issues concerning youth, brought or referred by a Committee member, the City Manager, or Superintendent of Schools. ARTICLE III —POWERS AND DUTIES The Committee shall receive input from staff, citizens, and other groups in regards to policies or projects that affect joint issues in parks, recreation, education, schools and joint use sites in the City of Santa Ana. The Committee shall provide input and recommendations regarding the implementation of policies related to schools and city programs & facilities. The Committee will not provide direction in matters requiring discretionary approval of City staff. Items requiring City Council direction shall be referred to the full City Council. mill ARTICLE IV COMPOSITION OF THE COMMITTEE SECTION A - Members The Committee shall be composed of three sitting members of the Santa Ana �( City Council and two sitting Board members of the Santa Ana Unified School District. SECTION B - Officers The officers shall be a Chair and a Vice -Chair from each organization. The Chair shall preside at all meetings of the Committee. The Chair shall report at the next regular City Council or Board of Education meeting regarding items reviewed by the Committee. SECTION C- Term it The officers shall be elected by a majority of the members during the January meeting of the Committee and shall take office immediately. Nominations shall be made 01 from the floor. 1_ It 65A 12 SECTION D - Secretary A Secretary shall be appointed from staff. The secretary shall rotate between the City and SAUSD to keep a true and accurate record of all meetings of the Committee, shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. ARTICLE V — MEETINGS SECTION A - Regular Meeting The regular meeting shall be held at least twice a year (April and October), the date and hour to be set by staff. The meeting place shall rotate between City Hall Ross Annex, Ist Floor Conference Room 1600, 20 Civic Center Plaza, Santa Ana and the Santa Ana Unified School District Board Room, 1601 E. Chestnut, Santa Ana, California. In the event said meeting place is not available, an alternate site will be selected by staff. SECTION B - Special Meeting Special meetings may be called at the discretion of the Chair, or at the request of two (2) members, for the transaction of business as stated in the call for the meeting. SECTION C - Quorum A quorum for the transaction of business at any meeting shall consist of two appointed committee members from one organization and one from the other organization. . SECTION D - Attendance Excused absences shall be defined as any absence received by the Chair or Secretary two hours before commencement of the meeting. In as much as it is the desire of the Committee to have a fall commitment from each member, the Committee shall review, on a case by case basis, instances of two (2) consecutive absences , excused or unexcused, during a calendar year. ARTICLE VI — PARLIVIENTARY AUTHORITY The current edition of Robert's Rules of Order shall be the authority on all questions of parliamentary law, unless in conflict with these bylaws, the Santa Ana Municipal Code, or the laws of the State of California. ARTICLE V — ADOPTION AND AMENDMENT OF BYLAWS These Bylaws shall recommended by the Committee for the City Council and the Santa Ana Unified School District Board of Education approval. RECOMMENDED BY THE COMMITTEE: 2 65A-13