Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet_2022-04-05
City Council and Housing Authority Meeting Packet April 5, 2022 SPECIAL CLOSED SESSION MEETING - 5:00 PM CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 David Penaloza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 Nelida Mendoza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 4/5/2022 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 4/5/2022 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3 and available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Face coverings are strongly recommended for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live City Council 3 4/5/2022 comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball <!!>) or download a pdf (the cloud symbol with the down arrow ). City Council 4 4/5/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Special Closed Session items. SPECIAL 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 - THREAT OR ANTICIPATED/POTENTIAL LITIGATION pursuant to paragraphs (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Case RECESS — City Council will recess to Regular Closed Session Meeting. City Council 5 4/5/2022 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy f aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. Dyer 18 LLC, Orange County Superior Court, Case No. 30- 2022-01248172-CU-MC-CJC B. City of Santa Ana v. Dyer 18 LLC, United States District Court (Central District of California), Case No. 8:22-cv-00433-DOC-JDE 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: City Council 6 4/5/2022 Address of Property: APN #430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705. Negotiator: City Manager Kristine Ridge Negotiating with: Dyer 18 LLC Terms: Price and terms related to the possible acquisition of property. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 7 4/5/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Pastor Tommy Cota CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Sarmiento declaring April as DMV/Donate Life Month. 2. Proclamation presented by Councilmember Hernandez to Latino Health Access declaring April as National Child Abuse Prevention Month. 3. Certificate of Recognition presented by Councilmember Lopez to Marytza K. Rubio for her Outstanding Contributions to Literary Arts and to the Artist Community. 4. Certificate of Recognition presented by Councilmember Mendoza to Fred Flores for his Outstanding Contributions to the Community. 5. Proclamation presented by Councilmember Penaloza and Councilmember Phan declaring April as Sexual Assault Awareness Month. STAFF PRESENTATIONS 6. Homelessness Update CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 34. 7. Excused Absences Department(s): Clerk of the Council Office City Council 8 4/5/2022 Recommended Action: Excuse the absent members. 8. Minutes from the Regular Meeting of March 1, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 9. Minutes from the Special Meeting of March 7, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 10. Minutes from the Special Meeting of March 11, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Minutes from the Regular Meeting of March 15, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 12. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VI OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO WATER CONSERVATION First reading at the March 15, 2022 City Council meeting and approved by a vote of 6-0-1 (Councilmember Hernandez absent). Published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. 13. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION REGULATIONS First reading at the March 15, 2022 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency City Council 9 4/5/2022 Recommended Action: Place ordinance on second reading and adopt. 14. Approve an Appropriation Adjustment and Award a Construction Contract to Lightning Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project with an Estimated Construction Delivery Cost of $849,348 and a total Project Delivery Cost of $950,000 (Project No. 22-1390) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of $200,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II Project. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $950,000 of funding in American Rescue Plan Funds for the Stormwater Channel Fencing Upgrades Phase II Project. 3. Award a construction contract to Lightning Fence Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $669,348, for construction of the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated project delivery cost of $950,000, which includes $669,348 for the construction contract, $55,000 for contract administration, inspection and testing, $125,000 project contingency for unanticipated or unforeseen work, and $100,652 for Design Engineering. 15. Approve Appropriation Adjustment and Award a Construction Contract to Marina Landscape Inc. in the Amount of $469,000 for the Cabrillo Park Irrigation Renovation Project with an Estimated Project Delivery Cost of $587,000 (Project No. 21-2727) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an appropriation adjustment recognizing revenue received in Fiscal Year 21-22 in the amount of $319,143 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 2021-22 capital operating expenses. (Requires five affirmative votes) 2. Award a construction contract to Marina Landscape Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Council 10 4/5/2022 City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,000 which includes $469,000 for the construction contract, $71,000 for contract administration, inspection and testing, and a $47,000 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $319,143 in construction funds for the Cabrillo Park Irrigation Renovation Project. 16. Approve Appropriation Adjustments, Budget Reallocation, and Award a Construction Contract to SRK Engineering, Inc. in the Amount of $3,024,538 for the Industrial Streets (Phase 1) Water and Sewer Improvements Project, with an Estimated Project Delivery Cost of $4,050,000.00 (Project Nos. 21-6452 & 21-6456) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prior -year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward, and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $840,000 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize $175,000 of prior -year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carry Forward revenue account, and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an appropriation adjustment to recognize and transfer $1,200,000 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 5. Award a construction contract to SRK Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,024,538 for construction of the Industrial Streets (Phase 1) Water and Sewer Improvements Project, for the term beginning April 5, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,050,000, which includes $3,024,538 for the construction contract, $453,681 for City Council 11 4/5/2022 contract administration, inspection and testing, $150,000 for water engineering, and a $421,781 project contingency for unanticipated or unforeseen work. 7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,325,000 in construction funds for the Industrial Streets (Phase 1) Water and Sewer Improvements Project. 17. Award a Construction Contract to Diamond Construction & Design in the Amount of $738,611 for Construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, with an Estimated Project Delivery Cost of $1,025,924 (Project No. 22-7533) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $1,025,924 in Community Development Block Grant (CDBG) funding. 2. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $738,611, for construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, for the term beginning April 5, 2022 and ending upon project completion; and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,025,924, which includes $738,611 for the construction contract, $110,791 for contract administration, inspection and testing, and a $176,522 project contingency for unanticipated or unforeseen work. 18. Award a Construction Contract to Allinone Construction, Inc. in the Amount of $427,051.62 for the City Hall 3rd Floor Tenant Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $576,519.94 (Project No. 22-1401) (General Fund) Department(s): Public Works Agency, Finance and Management Services Recommended Action: 1. Award a construction contract to Allinone Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $427,051.62, for construction of the City Hall 3rd Floor Tenant Improvements Project, for the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of City Council 12 4/5/2022 $576,519.94, which includes $427,051.62 for the construction contract, $64,058.00 for contract administration, inspection and testing, and $85,410.32 of project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $576,519.94 in construction funds for City Hall 3rd Floor Tenant Improvements Project (Project No. 22-1401). 19. Amend Agreement with Engineering Solutions Services, Inc. for Grant Writing Services by an Additional $75,000 for the Remainder of the Agreement Term (Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Engineering Solutions Services, Inc. for grant writing services, to increase the agreement amount by $75,000, for a total annual amount not to exceed $182,500 for the remainder of the term, expiring August 15, 2022, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Authorize a Purchase Agreement in the Amount of $980,000 for Real Property Acquisition for Fairview Bridge Replacement and Street Improvements (Property Owners: Sergio De Leon and Laura De Leon) (Project No. 15-6827) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owners Sergio De Leon and Laura De Leon, for the property acquisition and goodwill (if any) for the real property located at 2507-2509 W. 9th Street (APN 405-213-14) in the amount of $980,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 21. Approve an Agreement with Straightline Communications, LLC for Marketing and Graphic Art Services in an Amount Not to Exceed $600,000, for a Five -Year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Agreement with Straightline Communications, LLC, to provide as -needed assistance with development of outreach campaigns and collateral materials for performing community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a three-year term beginning April 5, 2022, and expiring April 4, 2025, with a City option of one two-year extension, subject to non -substantive changes approved by the City Manager and City Attorney City Council 13 4/5/2022 (Agreement No. 2022-XXX). 22. Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, and Contingency Fund Related to the Library's Radio Frequency Identification (RFID) Project (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Invengo America Corporation doing business as FE Technologies to increase the total compensation from $82,284.94 to $101,401.34 to provide two live scanning wands, seven circulation assistant pads, RFID tags, second -year maintenance support, and a contingency fund, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 23. Agreement with CM Amusements for Amusement Ride Services at City Events for an Amount Payable to the City of 25 Percent of Gross Revenue Ticket Sales for the Period of April 1, 2022 to March 31, 2025 with Funds to be Deposited in the General Fund Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with CM Amusements for amusement ride services at City events for an amount payable to the City of 25 percent of gross revenue ticket sales for the period of April 1, 2022 to March 31, 2025 with funds to be deposited in the General Fund, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 24. Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 25. Agreement with Patrol Solutions for Security Services at City Events for an Annual Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund) Department(s): Parks, Recreation, and Community Services City Council 14 4/5/2022 Recommended Action: Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 26. Agreement with Stage Plus, Inc. for Stage Rental Service at City Events for an Annual Amount not to Exceed $158,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $474,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Stage Plus, Inc. for stage rental service at City events for an annual amount not to exceed $158,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $474,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 27. Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an Agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of $150,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 28. Agreement with Al Party Rental for Event Equipment Rental Services at City Events for an Annual Amount not to exceed $86,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $258,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Al Party Rental for event equipment rental services at City events for an annual amount not to exceed $86,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $258,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 29. Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution City Council 15 4/5/2022 approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors. 2. Resolution No. 2022-XXX — Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors. 30. Approve Amended and Restated Resolution to Update the Required Language from CalPERS Delegating Authority to the City Manager for Disability Retirement Determinations and Applications and Recognizing an Appeal Process Department(s): Human Resources Recommended Action: Resolution No. 2022-XXX — Adopt a resolution for an amendment to and restatement of Resolution No. 92-061 delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members. 31. Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. 32. Approve a Fourth Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Additional Months (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a fourth amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional four months through June 30, 2022, at the rate of not to exceed $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute a fourth amendment to the ESG-CV funding agreement with Illumination Foundation to pay a not -to -exceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to non -substantive changes approved by the City Manager and City City Council 16 4/5/2022 Attorney (Agreement No. 2022-XXX). 33. Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Families Forward for the operation of a temporary family motel program, extending the term for one additional month through June 30, 2022 and adding $80,000, for a total aggregate amount not to exceed $178,500 subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 34. Approve a third amendment to Salvation Army agreement to extend the operation of a temporary shelter at the Hospitality House (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute: 1. A third amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for up to four additional months in the amount of $400,000, for a total aggregate amount not to exceed $1,440,00, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. A third amendment to the ESG-CV funding agreement with Salvation Army to use $400,000 to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,440,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 35. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $350,000, and by $700,000 Annually for the Remaining Term of the Agreement (General and Non - General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc., for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000, for a total City Council 17 4/5/2022 amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 36. Introduce Ordinance for First Reading and Adopt a Resolution of City Council Ward Boundaries Map Department(s): Clerk of the Council Office Recommended Action: 1. Accept a report by the City's demographer to provide the metes and bounds description of each City Council ward. 2. Approve first reading of an ordinance establishing new ward boundary lines of the wards of the City of Santa Ana and repealing Ordinance No. NS-2958. 3. Resolution No. 2022-XXX — Adopt a resolution establishing new boundary lines of the wards of the City of Santa Ana. 37. Charter Review Ad Hoc Committee Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. 38. Police Oversight Ad Hoc Committee Informational Report Department(s): City Manager Office Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 39. Public Hearing — Adopt a Resolution Approving the Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) (Project No. 15-6827) (Non -General Fund) Legal Notice published in the Orange County Reporter on March 25, 2022. Department(s): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street). City Council 18 4/5/2022 40. Public Hearing — Reintroduction of Zoning Ordinance Amendment No. 2021-03 for First Adoption Reading - An Ordinance of the City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance Legal Notice published in the Orange County Reporter on March 25, 2022. Department(s): Planning and Building Agency Recommended Action: Approve the first reading of an ordinance repealing and reenacting in its entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance. CITY MANAGER COMMENTS CLERK OF THE COUNCIL COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. March 17-20, 2022 Councilmember Lopez — 2022 Local Government Commission Policymakers Conference, Yosemite National Park, CA ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. Future Items 1. Mental Health Mobile Outreach Services 2. Housing Element Update 3. Billboard Ordinance Update 4. Cannabis Ordinance Update 5. Proposition 218 Solid Waste Rates Public Hearing 6. Parks, Facilities, Trails and Open Space Master Plan City Council 19 4/5/2022 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Item 1. 1. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 2. Extension of Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority Department(s): Community Development Agency City Council 20 4/5/2022 Recommended Action: Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to non - substantive changes approved by the Executive Director and the Housing Authority General Counsel. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 3. Public Hearing - Approve the Housing Authority Annual Plan Legal Notice was published in the Orange County Register and La Opinion on February 23, 2022 and in Nguoi Viet on February 24, 2022. Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development. 2. Resolution No. 2022-XXX — Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development. HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT — Adjourn the Housing Authority meeting. City Council 21 4/5/2022 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d w1-• .r11ji%�- �� !•-ems March 01, 2022 CLOSED SESSION MEETING — Cf `ICELED REGULAR OPEN MEETING .45 pm CITY COUNCIL C' iABER 22 Civic Center Plaza Santa. CA 9?' CITY COUNCIL K 2ULt,. 1cN SEW-- ,iON CALL TO ORDER MINUTES: Mayor Sarmiento - Closed SE meeting to order at 5:57 p.m. r ROLL CALL MINUTES: Clerk of the ncil ,y Gomez Jed roll call. All councilmembers were present. PLED' 5 ALL %_ ^E 1yor Sarmiento MI' , ES: Mayor Sarm, ) asked , noment of silence for all those who are suffering in Ukraine h_ 'ng the insurgence b, issian troops and for all the lives that have been lost. Also noted that the City, Ier tower is lit up it je and yellow showing the city stands in solidarity with Ukraine. Councilmu r Pena107 ;d the pledge of allegiance. WORDS OF INSPIRATION Dr. Bernice B. Rumala — Co -Founder, Health Equity, Diversity, Inclusion, Anti -Racism Taskforce (HEART) for Orange County CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Sarmiento to Ron Ono in Recognition of 52 years of Service and Outstanding Contributions to the Community. City Council 18 — 1 8/5/2022 2. Proclamation presented by Mayor Pro Tern Bacerra and Councilmember Mendoza to Orange County Soccer Club in Recognition of their Outstanding Contributions to Athletics. STAFF PRESENTATIONS 3. Homeless Update MINUTES: City Manager Kristine Ridge provided a brief presentation. Council discussion ensued and provided input to city staff. 4. Update from the Orange County Housing Finance Trust MINUTES: Manager of the Orange County Housing Finance' at Adam Eliason , -�ded a brief presentation. Council discussion ensued and provided input to M, ar Adam Eli, -)n. Item 6 and item 7 taken out of order prior to Public Cot, nt; a, ath of office administered to Amina Sen-Matthews and Jannelle Welker. PUBLIC COMMENT - Public comments will' during the begins. -)f the meeting for ALL comments on agenda and non -agenda items. MINUTES: Water Services Quality Inspector N, Ia Baluk' - +he situation that is happening in her home country of Ukraine. Also provided infor, `ion , ow to sur, in Ukraine's efforts. Mary E. Oberschlake spoke " CNN. `item 21 a, equested additional support to the businesses in the downtown area. Delilah Snell spoke , �m 21 and e" concern h public safety in the downtown area. Alexa Wohrman with the. Heart AssoclaLlua spoke on item 27 and urged council to pass option IA. Senior amunity t,. + Direct, 'American Heart Association Marklom Valdovinos spoke on item 27 F arged council tc, 's optool, Ali, ganyamin spoke in )osition of item 27. Thomas •a with Partnr Wellness spoke on item 27 and asked council to protect Lesbian, Gay, Bisexual,7, ender,- �?ueer (LGBTQ) youth. Julie Wong spoA, ,pposition of item 27. Tim Gibbs with Campaign for Tobacco Free Kids spoke on item 27 and urged council to pass option 1A. Guadalupe Olmos urged council to oppose item 27. Valentin Martinez spoke on item 21. Requested additional assistance for downtown businesses. City Council B - 2 4/5/2022 Cecy Rivera with America On Track spoke on item 27 and asked council to vote for option 1A. Lenyss Bahena spoke on item 27 and urged council to vote for option 1A. Cecilia Mora with America On Track spoke on item 27 and urged council to vote for option 1A. Daniella Hernandez with America On Track spoke on item 27 and urged council to a(4 ,nt option 1A. Hugo Cota with America On Track spoke on item 27 and urged council to adopt in 1A. Jennifer Grajeda with America On Track spoke on item 27 and urged cour -) v, n option 1A. Ryan Crowds spoke on item 27 and urged council to adopt option V Maribel Gomez spoke in support of item 21 and asked council " additional assistance for G. businesses struggling in the downtown. Maricela Prado spoke in support of item 21 and asked cou, `-)r add;" al assistance for all businesses struggling in the downtown. Jesse Gomez spoke in support of item 21 anr' -I-ed council for adL al assistance for all businesses struggling in the downtown. Logan Crow founder and executive director of i 'a Cinema support of item 21 and requested that Orange County Transportation Authority (Ok 1) mat anon. J council to leverage relationships with OCTA and demand they take r, or ity and immediately participate in the fiscal relief effort. Bill Trette spoke in suppr the down n busines,, and expressed concern with public safety in the downtown area. Claire Braeburn execu -firecto� _ ".,nerica On Track spoke in support of item 27, option 1A. Provided for ti. ^.r ,12 signed peito-as. Jennifer r " erica 01, * spoke on item 27 and urged council to vote on option 1A. Jul% astro spoke on i, 21 and, d council for additional assistance for all businesses struggling ii. downtown. Salvac, poke on item 21 (pressed the need for economic relief, signage, and security. Rocio Guzm. ith Ar ;a On Track spoke in support of item 21 and asked council to vote for option IA. Catalina Iniestra with America On Track spoke in support of item 21 and asked council to vote for option IA. Jasmin Torres spoke in support of item 21 and asked council to vote for option 1A. Eder Lopez with America On Track spoke in support of item 21 and asked council to vote for option 1A. City Council 3a — 3 4/5/2022 Anna Nalle spoke in support of item 21 and asked council for additional assistance for all businesses struggling in the downtown. Maggie Acuna with American Cancer Society Cancer Action Network (ACS CAN) spoke in support of item 21 and asked council to vote for option 1A. Juan Romo spoke on item 21 and asked council for additional assistance for all busir asses struggling in the downtown. Ana Laura Padilla spoke on item 21 and expressed concern with public safet 1 downtown area. Ximena Silva spoke on item 21 and expressed concern with public safe;. the dow, n area. Minerva Alvarez spoke on item 21 and asked council for addition- sistance for all bus,, -Ps struggling in the downtown. Maria Perez spoke on item 21 and asked council for an r omic assist% for all businesses struggling in the downtown. Lucie Jadow with the LGBTQ Center of Orange County spoke in, ort of item 27. Guadalupe Barragan spoke on item 21 and, -^il for assistan, r all businesses struggling in the downtown. Erkia Robles with United Across Borders spoke, appr , item i . Juan Plascencia with LGBT(- 1pport of it, 27. Maria Del Sol spoke o• .m 21 and a ,d council fo. 'ancial assistance for all businesses struggling in the downtown. Moises Vazquez spoke o, r and urged council to adopt option 1A. Riely Wi " ..r_ suppot. 'I-,-.m 27. Vir ✓fendez spoke on ` assista, program and in support of item 21. Ana . -on with LGBTQ G er OC spoke in support of item 27. Bryan Le(,. oke on iter , and expressed concern with public safety in the downtown area. Alfonso CalderL a on item 21 and asked council for additional assistance for all businesses struggling in the d&. mown. Clerk of the Council, Daisy Gomez, reported out on correspondence received. Dale Helvig expressed his well wishes to Ron Ono. Spoke in support of item 20, commented on redistricting and wished Urkranian people all the best. Nathaniel Greensides spoke on trash receptacles, expressed support for items 12, 13 and City Council C — 4 4/5/2022 20. Expressed concern for items 18, 20 and 26. Provided comment on item 27. Lynda Barbour with American Cancer Society spoke on item 27 and urged council to adopt option 1A. Lindsey Freitas with Campaign for Tobacco Free Kids spoke on item 27 and urged council to adopt option 1A. Oscar Gonzalez spoke on item 21 and asked council for additional assistance for r Jsinesses struggling in the downtown. Alix Winston with Parents Against Vaping e-cigarettes spoke on item 27 ar gt ,ancil to adopt option 1A. Mehra M. spoke on item 27 and urged council to adopt option 1A Rima S. Khoury founding member of the National Hookah �_ munity Association spoke in su, _,ort of item 27, 2B. Niamh spoke on item 27 and asked council to save hookah. Nicole Turkson with African American Tobacr ^-)ntrol Leadership -1cil spoke on item 27 and urged council to adopt option 1A. Fred Baskharoon spoke in opposition of item 2 Claudia Martinez spoke in suppr " 'item 27, opt, Darrin spoke on item 27 r Tobacco t nation. George Jonson mer r of the Natir P^ kah Comp. ,city Association spoke on item 27 and expressed support for . -)nsiblr _ Omeed spok- - -- ;'-Am 27 at, , unintended consequences resulting from a ban. Item " as taken our der any. ,sidered after public comments were heard. CONSENT CALENDAR RECOMMEh. ION: Approve staff recommendations on the following Consent Calendar Items: 5 through 22. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Appoint Amina Sen-Matthews nominated by Councilmember Phan as the Ward 1 representative to the Parks, Recreation and Community Services Commission for a partial -term expiring December City Council 53 — 5 4/5/2022 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Amina Sen-Matthews to the Parks, Recreation and Community Services Commission representing Ward 1 and administer Oath of Office. Moved by Councilmember Penaloza, seconded by Councilmember Mendo-a to Appoint. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass MINUTES: Item 6 and item 7 taken out of order prior to Pi " Comment; and oath of administered to Amina Sen-Matthews and Jannelle We" 7. Appoint Jannelle Welker nominated by Councilmember t as' rVard 1 representative to the Environmental and Transportation Advisory Commission fo, vial -term expiring December 10, 2024 Department(s): Clerk of the Council O Recommended Action: Appoint Janney el to nmenti, and Transportation Advisory Commission representing Ward 1 and ad ter Oat' u.. Moved by Councilmemr -;loza, sect by Councilmember Mendoza to Appoint. YES: 7 — HernandF jpez, Men 'a, Penaloz "'han, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0 — 0 — b M/' ' and ite, `aken out of order prior to Public Comment; and oath of office Ministered to, a Sen-i, •ews and Jannelle Welker. 8. eive and File Boar and Commissions Biannual Attendance Report for July through December 21- Depa, nt(s): r of the Council Office Recomme ,action: Receive and file Boards and Commissions Biannual Attendance Report. 9. Approve Destruction of Obsolete City Records Department(s): Finance and Management Services Recommended Action: Approve the request for the destruction of obsolete records from the Finance & Management Services in accordance with the retention schedule outlined in City Council Resolution 2013-014. City Council 63 — 6 8/5/2022 10. Receive and file Quarterly Report of Contracts up to $50,000 for Non -Public Works and up to $250,000 for Public Works authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between October 1, 2021 to December 31, 2021, valued at up to $50,000 for non-public works contracts and agreements and up to $250,000 for public works contracts and agreements. 11. Award a Purchase Order Contract for the Purchase of 411 Combination WP iecycle Receptacles for Various City parks to Outdoor Creations, Inc. in an Amol of to exceed $898,035 (Non -General Fund) (Prof. 22-2757) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and , anent of purchase , - contract for 411 combination waste -recycle receptacles for various ' parks to Outdoor Create. Inc. in the amount of $898,035, subject to non -substantive cha, approved by the City Manag, A City Attorney. 12. Award a Construction Contract to Elecnor Belco Electn' in' ,amount of $307,613 for the Main Street at Walnut Street New Traffic Signal Installatio,. ;t and Crosswalk Upgrade Projects at Occidental Street, Saint Gertrude Place, Saint Andrew Pla "nahurst Place and Rousselle Street, with an Estimated Project Deliv ^f of $385,000 any. end the Fiscal Year 2021-22 Capital Improvement Program (Project 4- (Non -Genera. d) Department(s): Public Works Agency Recommended Action: 1. Award a Cons 1ior ntract to L,.:cnor Belco Electric, Inc., the lowest responsible biddr, ,)rdance wiL tease Bid in the amount of $307,613, for construction of the Mr LreeL , 'alnut Strek 'ew Traffic Signal Installation and Crosswalk Upgrades Project. ` ne term bk ining Marc, 2022 and ending upon project completion, subject to non .antive chanr approved by , City Manager and City Attorney. 2. Approve the act Cost ' `^' PsLimated construction delivery cost of $385,000, which includes '13 f e construLAI . ntract, $46,079 for contract administration, inspection and testir,_ a $31,308 project contingency for unanticipated or unforeseen work to be f, , Comm. Development Block Grant (CDBG) funds. .pprove an , dment , Fiscal Year 2021-22 Capital Improvement Program to include .)300,000 and an . 'lional $b. ;0 in construction funds for the Main Street at Walnut Street New Traffic Signal Instali, n and Crosswalk Upgrades Project for a total of $385,000 to be funded from ,DBG funds. 13. Ap, 'e Appropria' Adjustments, Reallocation of Funds, and Award a Construction Contract to Eleci, �Ico E' c, Inc., in the Amount of $413,942 for the Main Street at 15th Street Traffic Signal I, . Project with an Estimated Project Delivery Cost of $523,636 (Project No. 18- 6918) (Noi, neral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $335,793 in Fiscal Year 2017-18 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 Building expenditure account. (Requires five affirmative votes) City Council �8 — 7 4/5/2022 2. Approve an appropriation adjustment recognizing $104,347 in Fiscal Year 2021-22 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 Building expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment to transfer $33,549 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Thy Building expenditure account. (Requires five affirmative votes) 4. Authorize the reallocation of $53,435 in unspent Measure M2 Local F,-' ire funds from Citywide Speed Limit Study Project and $30,061 from Bike Lane Proir I )pment, for a total of $83,496 to the Main Street at 15th Street New Traffic Signal Installp' Proje,_ complete the project's funding requirement. 5. Award a construction contract to Elecnor Belco Electric, Ir , le lowest responsib. 'der, in accordance with the base bid in the amount of $413,942, ` .onstruction of the Main S, at 15th Street Traffic Signal Installation Project, for the term be, ..ng March 1 2022, and ending , in project completion, subject to non -substantive chanr approved by' City Manager and City Attorney. 6. Approve the Project Cost Analysis for a total estimates. ,;tion delivery cost of $523,636, which includes $413,942 for the construction contract; $68,_ '-)r contract administration, inspection and testing; and a $41,394 r -t contingency for sa `�cipated or unforeseen work to be funded from Highway Safety Improv t, --am grant funaz- 14. Approve a Three-year Agreement with CL mia Forr '-,)tomy in the Amount of $163,767 for Blood Technician Services (General Fu, Department(s): Police ' ant Recommended A, a: Autho, the City M, ger to execute a three-year agreement with California Foren- nlebotomy, ., for the per of March 5, 2022 through March 4, 2025, to perform blood inician servir in An annual a unt not to exceed $49,589, for a total amount not to exceed 767 (inc' -tingency), subject to non -substantive changes approved by the G. 'ar ;r and City Attu,.,--y (Agreement No. 2022-XXX). Mfl' cons6. im - Agreement No. 2022-030 was approved. Agreement Amendr. t with MIG to Amend the Scope of Work and Increase the Compensation for Parks, Facilities, Ti ;, and Open Space Master Plan (General Fund) L rtment(s): Pa , Recreation, and Community Services RecL ender' don: Authorize the City Manager to execute an amendment to the agreement with MIL -A the scope of work to prepare a Parks, Facilities, Trails, and Open Space Master Plan and it, ise the compensation by $44,970 for a total amount not to exceed $205,570, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). MINUTES: Councilmember Phan abstained from item 15. This consent Item - Agreement No. 2022-031 was approved. 16. Approve a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail City Council 813 — 8 4/5/2022 processing services for an amount not to exceed $40,000 and exercise an optional renewal extension from April 1, 2022 through February 1, 2024 (Non -General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute a First Amendment to Agreement with Pitney Bowes Presort Services, LLC for mail processing services and exercise a renewal option for a term commencing April 1, 2022 through January 31, 2024 for a total -mount not to exceed $40,000, subject to non -substantive changes and approved by the Cite lager and City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-032 was apr 17. Approve Agreements with Delhi Center, Elks Building Assoc , 1 of Santa Ana, Ui, Across Borders Foundation, Latino Health Access, and OneOC fr ,od Distribution/Supply I qms for a One -Year Term in an Aggregate Amount Not to Excer _i00,000 (Revive Santa Ana, ;ram) Department(s): City Manager Office Recommended Action: Authorize the City Manager to 'gut jeements with Delhi Center, Elks Building Association of Santa Ana, United Across Borders nation, Latino Health Access, and OneOC to operate food distribution and food supply program, a one-year term beginning March 1, 2022 and expiring February 28, 202' ',tal shared aggre, amount not to exceed $900,000, subject to non -substantive cl qe:, lqd by the Cii, gager and City Attorney (Agreement No. 2022-XXX). MINUTES: Councilmember Phan abstain fror -m 17. This consent Item - e Ag► lent No. � ?-033 was approved. 18. Resolution in - ort of Assr 4?aui, .og All Law Enforcement Agencies to Report Hate Crime Data on 1 1wn ` ,site Departm nt(s): City -iger Office F ,,nmei.. lction: -)lution No. 2022-XXX — Adopt a resolution in support of Assembly Bill jd requiring all gnforc& ` agencies to report hate crime data on their own website. MINUTES: This co mt Item - Resolution No. 2022-016 was approved. 19. Res, -,n Autho, g Execution of Notification of Intent to Comply with California Senate Bill 1383 Organs. stp ;ycling Regulations Departme, ,): Public Works Agency Recommended Action: Resolution No. 2022-XXX — Adopt a resolution authorizing the City of Santa Ana to submit to CalRecycle a Notification of Intent to Comply with California Senate Bill 1383 Organic Waste Recycling Regulations. MINUTES: This consent Item - Resolution No. 2022-017 was approved. City Council T — 9 4/5/2022 20. Memorandum of Understanding between City of Santa Ana and Discovery Cube to Pursue Grant Applications and Study the Feasibility of a Future Outdoor Science Park on Adjacent City -Owned Property (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Memorandum of Understanding with Discovery Cube for a period of March 1, 2022 to March 1, 2024, to pursue rant applications and study the feasibility of a future Outdoor Science Park on adjacent City-owr ,roperty, subject to non -substantive changes approved by the City Manager and City Attorne, greement No. 2022- XXX). MINUTES: This consent Item - Agreement No. 2022-034 was . . oved. 21. Approve the Santa Ana Business Interruption Fund progrp j provide financial relief i. ,inesses impacted by the OC Streetcar Construction in the Arno, ,i $1,500,000 (General Fund) Department(s): Community Development Agency Recommended Action: Approve the Santa Ana Busir, 'ntF ,(ion Fund program in the amount of $1,500,000 to provide financial relief to businesses imp, ay the OC Streetcar construction. MINUTES: Council discussion ensue ':-Qction pro video, `9ff. Mayor Pro Tem Bacerra requested to hE OCTA i,.. "I, deliveruoles. Councilmember Lopez requested OCTA rt ?Sr rives return and provide updates at council meetings. Economic Develr ent Manag Marc Morle, ldressed council regarding outreach. Councilmembt naloza rr --id, ess maintenance of downtown parking structures. Co' — Phan i. d to approve recommended action with clarification to include street .,ors ana alk ver,, and to bring it back for further appropriation depending on the adget. Secondt , Mayor. Tem Bacerra. ,ubstitute motion in fuced and passed. Mov, v Cour ,iember Phan, seconded by Mayor Pro Tem Bacerra to Approve recomi. Ir ;tion with clarification to include street vendors and sidewalk vendors; and to bri. . back for further appropriation depending on the budget. YES: 0 — NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 0-0-0-0— City Council 10— 10 4/5/2022 Moved by Councilmember Hernandez, seconded by Councilmember Mendoza to Approve an amended substitute motion to approve $1,500,000 tonight, have staff identify an additional $1,500,000 to be placed as appropriation request at the April 5, 2022 City Council meeting and include eligibility for street and sidewalk vendors. YES: 5 — Hernandez, Mendoza, Penaloza, Bacerra, Sarmiento NO: 2 — Lopez, — Phan ABSTAIN: 0 ABSENT:0 Status: 5-2-0-0— Pass 22. Approve Agreement with Townsend Public Affairs for State Legisla' Advoc, ,ervices (General and Non -General Fund) Department(s): City Manager Office Recommended Action: Authorize the City Manager tr acute an agreement with Town, a Public Affairs for State legislative advocacy services a three-year' 1, from March 1, 2022 through February 28, 2025, with an option to extend . arm for ar aitional one-year period, for a four-year not -to -exceed amount of $252,000, subject t Sur give changes approved by the City Manager and City Attorney (Agreement No. 2022-X MINUTES: This consent Item - Agrr "No. 2022-035 w, improved Moved by Councilmember Penaloza, secona by Ma- rim-;acerra to Approve Consent Calendar items 7-23 with the exception of 6, 7 17 .ems 6 ana 7 were considered earlier and passed. Councilmember Ph- ned from i 15 and 17 due to a conflict of interest regarding her employer. YES: 7 — Hernandez ' ,ez, Mendoz naloza, Pha Cerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 - Pass **ENO OF CONSENT CALENDAR** I BUSINESS CALENDAR 23. Discuss - ✓ide Input Regarding the Structure of the School Collaboration City Council Subcommit, Department(s): Parks, Recreation, and Community Services Recommended Action: Discuss and provide input regarding the structure of the School Collaboration City Council Subcommittee that will add an element for joint meetings with Santa Ana Unified School District Governing Board. MINUTES: Council discussion ensued and direction provided to city staff. City Council V _ 11 8/5/2022 24. Ordinance Amending City Manager's Contracting Authority for Non -Public Works and Public Works Contracts Under Chapter 2, Article VI and Public Works Construction Rules and Regulations Under Chapter 33, Article VIII of the Santa Ana Municipal Code Department(s): Finance and Management Services Recommended Action: Approve first reading of an ordinance amending City iager's contracting authority for non-public works and public works contracts under ( ,(er 2, Article VI I, Sections 2-748, 2-800 to 2-808 and public works construction rules and r' ations under Chapter 33, Article VIII, Sections 33-200 to 33-203 of the Santa Ana Municipal . follows: i) Amending Section 2-748 of Chapter 2, Article VI concerning the ,�lan6l - contract authority: (1) non-public works contracts to increase from $50,000 to $2r -100; (2) emergency public works construction to increase from ¢ '000 to $750,000; (3) non-public works and public works contracts change rs authority increase from cent or $25,000, whichever is greater, to 15 percent or $50,Or rhichever is -neater; and (4) add language codifying contract limits will be ap, on a fiscal , basis by departments. ii) Amending Section 2-800 to 2-808 of Chapter 2, Artie. '1I.II ,;erning the Purchasing Rules and Regulations: (1) clarifying language administrative in nature; (2) extending local vendor preference + - -e from procurer, ;nvolving $5,000 and one $100,000 to procurement involving $1(, 10 u. 1''0000; (3) for reporting requirements to increase -)m $5u, `' 0; (4) for administrative contracts to increast )m $5,Or 00; (5) for informal contracts to increase from 1, i00 - $25,000 �10,000 and $50,000); (6) for formal contracts tr ' --,e from $25 ' , $50,000; (7) add language to c, .,je v rrent pra( is for awarding services contracts; and (8) for non -bid purr' as add C wned soft\ -i upgrades, maintenance, or additional licenses. iii) Amending F ons 33-200 3-203 of Chaff 33, Article VIII concerning the Public Works Construction h and Regi (1) housekeeping uaq, .ininistraLiv- Lure; and (2) for non-emergeri, c works construction incorporate informal procurement process: a) `;%le contrL Ilp to $50,000 mai L., action b. - contracts between $50,000 and $250,000 ormal for bia . -)ntracts access of $250,000 MINUTES: Executi, -)irector of Finance and Management Services Agency Kathryn Downs �vided a brief pre,< `ation. COL discussir ►sued and direction provided to staff to bring back item. Moved by Ljuncilmember Penaloza, seconded by Mayor Pro Tern Bacerra to Approve. YES: 3 - Penaloza, Phan, Bacerra NO: 4 - Hernandez, - Lopez, - Mendoza, - Sarmiento ABSTAIN: 0 ABSENT: 0 Status: 3-4 - 0 - 0 - Fail City Council 12— 12 4/5/2022 25. Fiscal Year 2021-2022 Mid -Year Budget Update Department(s): Finance and Management Services Recommended Action: 1. Receive and file the Fiscal Year 2021-22 Mid -Year Budget Update, including revised revenue estimates (Exhibit 1). 2. Approve recommended Mid -Year Appropriation Adjustments described below and in Exhibit 2. (Requires five affirmative votes) 3. Approve recommended Appropriation Adjustments described in Exhibit reallocate Pension Debt and Unfunded Liability expenditures for Fiscal Year 2021-2022 to a" vith results of the pension debt refinancing. There is no net fiscal impact to the overall b, it, there are adjustments between departments and funds. (Requires five affirm ; votes, 4. Resolution No. 2022-XXX — Adopt a resolution amending t rent Fiscal YeG '?1-2022 Annual Budget to add 14 full-time positions in the Public We gency, Clerk of the . -cil, City Attorney's Office, Parks, Recreation & Community Servicr ,ency, and Library, and to (. 6 full- time positions in the Parks, Recreation & Community c ces Agency and Library. There, , io net fiscal impact to the overall budget (Exhibit 4). 5. Resolution No. 2022-XXX — Adopt a resolution adds, 'assif' on titles to the Classification and Compensation Plan (Exhibit 5). MINUTES: Executive Director of Finp 1 Management 'yes Agency Kathryn Downs provided a brief presentation. Councilmember Lopez requested staff p, Ve a list ^ns that are part of the hiring freeze. Councilmember Meng" i about a p nership with the Rancho Santiago Community College District rer ng Centk ial Park. This Businer am - Resoh, j Nns. 2022-0 and 2022-019 were approved. Mover+ 6- Counciln, er Phan, seconded by Councilmember Penaloza to Approve. j: 7 — Hen z, Lope.-ndoza, Penaloza, Phan, Bacerra, Sarmiento .a0: 0 ABSTAIN: 0 13SENT: 0 is: 7 — 0 — 0 — f Pass 26. Ordii, , Cone .ig City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions Departm. . City Manager Office Recommended Action: Consider one of the following options: 1. Approve the first reading of an ordinance concerning City Council voting, recusal for conflicts, and prohibiting abstentions. 2. Provide direction to staff. MINUTES: Management Assistant Daniel Soto provided a brief presentation. City Council 1Ei— 13 4/5/2022 Council discussion ensued and provided input to amend ordinance language. After consideration of item 26, City Manager and Council comments were considered. Moved by Councilmember Lopez, seconded by Councilmember Mendoza to Approve with amendments in Section 2-105, subsection b to read as follows: 2) The councilmember is awaiting advice from the Fair Political Practic" ommission or the results of a pending investigation by the Fair Political Practices .imission; or 3) The councilmember states from the dais the possibility of a cor' -4rising from a source identified at the meeting, and, based on advise from the 9 'ney, recuses themselves out of an abundance of caution. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Ba, a, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 27. Ordinance Options Prohibiting the Sale of Flavored Tobac.- ducts Department(s): City Manager Office Recommended Action: Consider one the _ options: Option 1 A. Ordinance No. NS-XXXX — Adopt an u7reLrrrdinance oAce � _Ing the sale of flavored tobacco products, including hookah tRequires fiv: votes) B. Ordinance No. NS-X' '*)pt an uprohibiting the sale of flavored tobacco products, excluding r ah. ( es five aft, hive votes) Option 2 A. Approve th 1 reading of )r-finance proll g the sale of flavored tobacco products, including hooka W B. Approve the firs. li, ,r an ordinance N, ohibiting the sale of flavored tobacco products, excludin^ hookah. r ,n 3 insider wheth,_ direct s,. prepare an ordinance regarding enforcement and/or security measures for toba� retailers, ration 4 no action at thi, ne and wait to see whether senate bill 793 goes into effect following a st, 'de referend, ✓ote in November 2022. MINU1. 't z7 taken out of order and considered after the public comments were heard. City Manager Kristine Ridge provided a brief presentation. Council discussion ensued and input provided to city staff. Councilmember Mendoza moved to adopt option 1A and use the definition provided by the American Lung Association. Seconded by Mayor Pro Tem Bacerra. City Council U— 14 8/5/2022 Substitute motioned introduced and passed. After deliberation on item 27, council considered the consent calendar items. Moved by Councilmember Phan, seconded by Councilmember Hernandez to approve substitute motion to approve option 2A with the definition provided by str Ile law under Senate Bill 793. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarm; NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass **END OF BUSINESS' ENDAR** CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge provi,4Ad comments rega, the upcoming Boca de Oro event on Saturday, March 5, 2022 at 12:00 f ,zinced that the t Works is kicking off another neighborhood "Block Transformation" contest d It,, is availabi, the city's website. COUNCIL COMMENTS AB1234 DISCLOSURE — If th _, r `or travel o, er expenses this is the time for members of the Council to provide a brief r . eport on )ndance o, v regional board or commission meeting or any conference, meeting or, . it attended. MINUTES: Counciln. gr Hernar "�rvc,ie who provided comments and wished all a good week. Councilmr congre- `ed Ron Ono on his retirement and acknowledged today as the first day of ten's Hta. °7onth.. encouraged all those who are able to please donate blood, as the Amr n Red Cross h, 't time Ic. nation numbers. Co. "member Mendoza, vided comments regarding Women's History Month and wome.-ontributions to th )undation of America. Councilmet. I Penalr ,yanked his fellow female colleagues for all their hard work, wished all a happy lent anu ii, a all of the upcoming daylight saving time change. Councilmember Phan spoke on Women's History Month, an event she attended hosted by residents in celebration of the passing of rent control ordinance and wished all a wonderful March. Mayor Pro Tem Bacerra spoke on Women's History Month and noted that his three colleagues have done a magnificent job in leading. Announced his monthly community office hours to be held on Saturday March 5th at Thornton Park. Wished all a happy Lenten season. City Council 1E5— 15 4/5/2022 City Attorney Sonia Carvalho announced partnership with Association of California Water agencies who have created Arthur L. Littleworth Best Best & Krieger Diversity Scholarship. Mayor Sarmiento noted that all City Council appointed employees are women and thanked them for all their hard work. Thanked his female council colleagues for their voices. Thanked Executive Director Nabil Saba for bringing in employee Nadiya Balukh to talk about what is happening in Ukraine. Wants to ensure the website and links are sent out. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Sarmiento adjourned the City Council meeting or 'Wednesday, Mal. 2022 at 12:04 a.m. City Council 113— 16 4/5/2022 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California d March 07, 2022 CITY COUNCIL CHAP -:R 22 Civic Center Plaza Santa ' CA 92701 SPECL -N MEETING CALL TO ORDER ATTENDANCE Council Members 'oh .chan Ryan Hernandez ,sie Lopez ,da Mendoza D WPenaloza Viet Phan May, rem hil Bacerra 14ayor Vicente Sarmiento Mana, Kristine Ridge City `torney Sonia R. Carvalho Clerk `the Council Daisy Gomez MINUTES: May ' F ento called the Special Open meeting to order at 5:36 p.m. ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance. CiikyQotui►cMinutes 1 9-1 0305/2022 PUBLIC COMMENT — Members of the public may address the City Council only on items listed on the Special Meeting Agenda. MINUTES: Carl Benninger spoke in support of maps F and K. Jeffry Katz spoke on the process of selecting a map. Clerk of the Council, Daisy Gomez, reported out on correspondence re, red. Biff Baker member of Orange County Congregation Community" -4a. �tion (OCCCO) spoke in support of maps SARC1 and SARC2. Araceli Robles spoke in support of the coalition map. Fatima Paque member of OCCCO spoke in suppc f maps S' .31 and SARC2. Ana Charco, on behalf of Latino Health Access and witty .i Ana Redistricting, spoke in support of map SARC1A. Asked council t_te on SARC Dale Helvig spoke in opposition of SAR Daisy Cruz with the Kennedy Cnmmissi, the Santa Ana Redistricting ' _. Sp%aoppt ke i, apport of map 115467. tone the maps submitted by Karen Alvardo with Or- je County )ngregatio, ,ommunity Organization (OCCCO) thanked council for holding thL -etings. ' 0 support updated maps SARC1A or SARC2A. Spoke in oppL "-)n maps .. Patricia De on s, `v and in support of map F. Ange' nchez spoke in . )port of maps submitted by Santa Ana Redistricting Coalition (SAR(,, Hilda Ortiz w,. ' atino N rh Access, spoke in support of maps submitted by Santa Ana Redistricting Cc,_ id spoke in opposition of map F and K. Kayla Asato with Orange County Environmental Justice and partner of Santa Ana Redistricting Coalition spoke on the outreach performed that resulted in the SARC maps. Spoke in support of maps SARC1A and SARC2A. Irene Bautista member of OCCCO spoke in support of maps SARC1 and SARC2. Spoke in opposition of map F. Michael Nguyen spoke in support of maps SARC1 and SARC2 submitted by the Santa Ana 04yQou*Ninutes 2 9-2 03,0/2022 Redistricting Coalition. Veronica Garcia spoke in support of maps submitted by Santa Ana Redistricting Coalition. Spoke in opposition of map F. Cesar Medina spoke in support of maps SARC1A and SARC2A. Vincent Tran community leader with VietRise spoke in support of maps SARC1 and SARC2. Urged council to pass SARC1 or SARC2. I BUSINESS CALENDAR 1. Presentation of Public Testimony and Draft MF.. City Cour consideration and Direction Regarding Draft Maps Department(s): Clerk of the Council Office Recommended Action: Seeking ii -rating the coi,— of the draft map(s). MINUTES: Council discussion ensu nd in to staff and Redistricting Partners consultant Paul Mitchell. f Councilmember MP rzaspo in suppc -)f map F and moved to approve. Seconded by Mayor Pro Te, sacerra. Councilmember PA&k in sup map K and moved a substitute motion to adopt ma- "' Secon(, )y Councilmember Penaloza. Pa ✓litchell ingt, -/ for a, fiing point and some direction to assist council in acting a map froligible ,naps including SARC1, SARC1A, SARC2, and SARC2A. N, that he can mi ) changes to the maps council just voted on or make changes to the 'C maps. Councilmc. :naloza requested that all maps be labeled with letters and drop the acronyms to consistent. Paul Mitchell in support of creating maps with next alpha letter such as: F, K, L and M. Councilmember Lopez motioned to bring back map J and seconded by Mayor Sarmiento. Consultant Paul Mitchell noted it's technically map J2. Mayor Sarmiento requested from the Chief Assistant City Attorney to circulate Rules of Decorum to council. 04yQowi(Ninutes 3 9-3 03�0/2022 Clerk of the Council Daisy Gomez inquired if council is interested in bringing in the maps along with the tool to change the boundaries of individual maps. Councilmember Lopez motioned to approve SARC2. Seconded by Councilmember Hernandez. Council provided direction to consultant and staff to bring back maps with updated numerations and in alpha order. Clerk of the Council Daisy Gomez asked council to email her r 1cil's available time to allow her to schedule another special meeting this week. Moved by Councilmember Mendoza, Councilme ,er, seconded by Councilmember Bacerra, Mayor Pro Tern to A, ove map F. YES: 4 — Mendoza, Councilmember, — PenalozG -)uncil, :Ober, — Phan, Councilmember, — Bacerra, Mayor Pro Tem NO: 3 — Hernandez, Councilmember, — Lopez, Coun . ember, — Sarmiento, Mayor ABSTAIN: 0 ABSENT: 0 Status: 4-3-0-0—Fail Moved by Councilmerr' "enaloza, - cilmember, seconded by Councilmember Bar , a, Ivi, Nr Pro TtWto Substitute motion to adopt map K. YES: 4 — Mend Councilor — Pena 'a, Councilmember, — Phan, Councilmember, - -.err NO: 3 — Hernandez, member, — opez, Councilmember, — Sarmiento, Mayor ABSTA'' ABS' . . 0 S' is:4-3-0- -Fail M. d by Councilrr nber Lopez, Councilmember, seconded by Councilmember Sarn, to, Mayor t .pprove to bring back map J2. YES: 4 — f. , .;z, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Sarmiento, , ayor NO: 3 — Mendoza, Councilmember, — Penaloza, Councilmember, — Bacerra, Mayor Pro Tern ABSTAIN: 0 ABSENT: 0 Status: 4— 3-0-0— Pass Moved by Councilmember Lopez, Councilmember, seconded by Councilmember Hernandez, Councilmember to Approve SARC2 map. CikQou*Ninutes 4 9-4 03�135/2022 YES: 4 — Hernandez, Councilmember, — Lopez, Councilmember, — Phan, Councilmember, — Sarmiento, Mayor NO: 3 — Mendoza, Councilmember, — Penaloza, Councilmember, — Bacerra, Mayor Pro Tern ABSTAIN: 0 ABSENT: 0 Status: 4-3-0-0—Fail Adjournment — Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the City Council meetir n at 17 p.m. CkyQotui►cMinutes 5 9-5 0305/2022 DRAFT Minutes of the Special Meeting of the City Council City of Santa Ana, California d March 11, 2022 CITY COUNCIL CHAP -oER 22 Civic Center Plaza Sant,- ..a, CA 92701 SPECIA Or _ "FETING CALL TO ORDER ATTENDANCE CouncP -bers Mayo. ',-o Tern 'vor Ci. Manag, City 1orney Cler A the Council onathan Ryan Hernandez issie Lopez lida Mendoza D,.vid Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayo, armiento called the Special Open Session meeting to order at 5:38 p.m. ROLL CALL MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. OikyQotui►cMinutes 1 10 - 1 0341(5/2022 PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Penaloza led the pledge of allegiance. PUBLIC COMMENT — Members of the public may address the City Council only on items listed on the Special Meeting Agenda. MINUTES: Victor Mendez spoke on the process and importance of se' ting a map. Encouraged the council to do the right thing. Lino Paras noted that he came to observe the redistricting pro, s. Clerk of the Council Daisy Gomez reported out on correF . idence receivt rior to hearing public comments via Zoom. Ana Charco on behalf of Latino Health Access ar, ith the S, a Ana Redistricting Coalition (SARC) spoke in support of map L2 and, :!V1 and in opposition of map K2. Benjamin Vazquez spoke in support o Araceli Robles spoke in support of the co on's oke on the process and importance of selecting a map. A* I Dale Helvig concerned t' . more ► is were hmitted and timeline may be extended. In support of neighborho j being in, ;t. In supp 'of community maps that were submitted last week by Redisti. ,q Partne Vincent Tran with VietRis, )ke in support of revised L2 map. Spoke in opposition to maps Fan' 41L Mari% alencia with Ora. Couri,y Congregation Community Organization (OCCL- ' spoke in oppo,,1;ition �n of having the Delhi community with the South Coast Metro commune,_ �aoke in oprr of maps F and K and their subsequent revisions. Urges council to cc, "-Ier rev% J map L2 submitted by the SARC. Fatima Paque, Ok,;O volunteer, described her community and spoke in support of revised map L2. Supports SARC maps. Irene Bautista, OCCCO volunteer, expressed support SARC maps, specifically maps L, L2 and revised L2. Miguel Hernandez thanked council for their efforts. Spoke in support of maps L, L2 and L2 revised. Supports map L2 revised. 04yQou*Ninutes 2 10 — 2 034YS/2022 Rocio Paredes Guzman in support of both versions of map L2 and in opposition of K. Florinda Rojas described her community and expressed opposition to map K2. Spoke in support of both versions of map L2. Carl Benninger expressed appreciation for council's hard work. Spoke in support of map F2 and K2. Karen Alvarado with OCCCO and SARC spoke in support of rename, ARC maps: L2 and M2. Noted that they are open to consider revised L2 map and' they have submitted a revised version the map based on the feedback her , 'Ie last meeting. Believes council can come to a compromise that br" ,as an, ,ifies the community. Urged council to consider the SARC maps. Kayla Asato with Environmental Justice and SARC Ke in opposition of mal, : and K2. Urged council not to break up the Environmental ' rice corrir' Leonel Flores spoke in support of revised L2 map. Sp opposition of ma F and K2. P PP p p PP P I BUSINE; CA' NDA. 1. Presentation of F iic Testim y and Dra gaps, City Council Consideration and Direction Rega q Draft Department(s): e Council ice Recr &M ' 4ctio, ,eeking input regarding the content of the draft map(s). . .ved by Counc, ember .,,han, Councilmember, seconded by L. -icilmember B; irra, Mayor Pro Tern to approve to elevate map N2 and dire -taff to prep a a resolution and ordinance to be brought back to the April '122 Coo, A meeting. YES: 7 — He. Andez, Councilmember, — Lopez, Councilmember, — Mendoza, Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Council discussion ensued and direction provided to Redistricting 04yCip=I(Ninutes 3 10 — 3 034Y5/2022 Partners consultant Paul Mitchell and staff. Chief Assistant City Attorney Laura Rossini and Paul Mitchell addressed council regarding the 10% deviation. Mayor Sarmiento noted the responsibility the council has in selecting a map in the spirit of good faith. Councilmember Phan addressed council regarding the importa, , in working together to come to consensus and select a map. Mayor Pro Tem Bacerra spoke on environmental justic, Clerk of the Council Daisy Gomez read the maps .r council reques be elevated: L, L2 revised, M2, 118257, and 1187' with adjustments. Spo .i the timeline. After additional discussion, Clerk of the Council L was asked to state the maps to be elevated: L, L2 revised, M2, 118957, and 11874. '), N2. Councilmember Lopez requested t, VevaL, 11838t,. Councilmember Phan inr— -red from c jes if they were supportive of map 118257. After discus, ., was elit4ted. Councilmembe, nan motio d to elevat-naps L2 revised and N2. Seconded by Councilmembe, ce�ra. . Mayor r' — m Bace. inquired about the timeline. F , additional o, ssion, uncilmember Phan moved a new motion to elevate c N2 and direct , ff to prepare an resolution and ordinance to be brought back to the aril 5, 2022 Cc icil meeting. Adjournment — Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the City Council meeting at 7:28 p.m. CkyQotui►cMinutes 4 10 — 4 034V5/2022 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California d March 15, 2022 CALL TO ORDER ATTENDANCE CLOSED SESSION MEETINr 5:00 pm REGULAR OPEN MEETI' , - 5:45 pm (Immediately following the Clc i Session ' ating) CITY COUNCIL Ch. 413V 22 Civic Center Plaza Santa Anu k 92701 "LOSES "' _3SION .juncil Meg Hers I )nathan Ryan Hernandez JLssie Lopez Nelida Mendoza David Penaloza Thai Viet Phan •or Pry. m Phil Bacerra Mr Vicente Sarmiento Cl' Manager Kristine Ridge .y Attorney Sonia R. Carvalho Clerk of the Council Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:03 p.m. ROLL CALL City Council ill — 1 34Y5/2022 MINUTES: Clerk of the Council Daisy Gomez conducted roll call. All councilmembers were present. Councilmember Hernandez joined the Closed Session meeting at 5:10 p.m. Mayor Sarmiento recused himself from closed session Item 1A out of an abundance of caution due to a conflict of interest. PUBLIC COMMENTS- Members of the public may address the City Cr -;il on Closed Session items. MINUTES: No public comments on Closed Session items. CLOSED SESSION ITEMS - The Brown Act permits dative bodies to discu, :�rtain matters without members of the public present. The r Council fir Is, based on ad\,..;e from the City Attorney, that discussion in open session c4 following atters will prejudice the position of the City in existing and anticipated Iitigatio. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTIN. 'TIGATION pursuant to Paragraph (1) of subdivision (d) c' L54956.9 of L. -lovernment Code: A. City of Santa Ana v. OrangeCou. As . - for Ment, ,health, Orange County Superior Court, Case No. 30-2020- 4174 B. Kingsley Manage mP ' --rp., et al v Santa Ana, U.S District Court (Central District), Case No. ' _-cv- �76-CJC- E CLOSED' -14 REP. T - The City Attorney will report on any action(s) to be taken at the Rey ,r Open . -ion wt, will begin immediately following the Closed Session. Rr -SS - City Counc, ill recess Closed Session for the purpose of conducting regular City . 'ness. MINUTE, 4ayor Say Session item. at F ;nto recessed the portion of the meeting to consider the Closed p. m. RECONVENE - City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:35 p.m. and convened to the Regular Open Session. City Council 211 - 2 34Y5/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 5:46 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilrr ,De, ere present. PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Councilmember Mendoza led the ple(' of allegiar WORDS OF INSPIRATION Hus m i-., � CEREMONIAL PRESENTATIONS 1. Proclamation preser' N, vor Pro 1 Bacerra to Lydia Salvetta from Republic Homes for Outsta, , ig Conti itions to t, Community. MINUTES: ti -fificate o' wastresented to Lydia Salvetta. 2. Ce, (-.ognit. -)resented by Councilmember Lopez to Santa Ana Pony r ,rd in RecoL. -)n of ti. Outstanding Contributions to the Community. 3. -�rtificate of Reco, tion presented by Councilmember Mendoza to Santa Ana Police L irtment, Homir 3 Unit in Recognition of their 2021 Orange County Homicide Invt ation Cas, , the Year and Outstanding Acts of Heroism. STAFF PRESENTATIONS 4. OC Streetcar Project — Orange County Transportation Authority MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Community Development Agency Economic Development Manager Marc Morely provided City Council 311 — 3 34115/2022 an update on the Business Interruption Fund to accommodate downtown businesses. Orange County Transportation Authority (OCTA) representatives Ross Lew and Tresa Olivari provided a brief presentation on Orange County Streetcar Community Outreach and Public Engagement effort. Public comments for said item were heard. Valentin Martinez spoke on the challenges the small businessr re facing as a result of the pandemic and the Orange County Streetcar project. Delilah Snell spoke on the challenges the small businesses are face. end requested OCTA to financially support impacted businesses. Karla on behalf of Charlie's Tattoos spoke on ' struggles {'leir business is ►.,ced with due to the Orange County Streetcar project. Leyla on behalf of Charlie's Tattoos spoke on the gles their business is faced with due to the Orange County Streetcar projr ` Fxpressed that current economic stimulus is insufficient. Requested that the p► -�u. --nedited. Guadalupe Barragan thanked MayowarmiF support. Noted various n� �hlic safety 1, a, assistance. -ncilmember Hernandez, for their and asked council for OCTA to provide Danielle Barra . ► spoke oAJr e hardshiop per family and business has experienced as a result of the 7e Cour v n►oie.;t. Businej- owner M, ►a Prado thanked council for the assistance provided unfortunately it is not _Hy. _ 7uestG rther assistance. Shared the various struggles her business is ,eriencing. , id cou, 'for continued support and to hold OCTA responsible. unidentified sp( rer asked council for assistance. Noted the various customers that come tL r establishme Pointed out that the closed streets do not help. Pleaded with OCTA to prop more fin, Jal assistance. Alfredo tri, d Santa Ana staff for their support. Expressed that the assistance provided is not enough. Noted lost revenue and the struggles his business is experiencing. Requested additional assistance for their businesses. Maribel Gomez thanked council for the economic stimulus received. Noted it is not enough and requested additional assistance. Maria Perez thanked council and all staff who assisted with the economic assistance. City Council 411 — 4 341(5/2022 Expressed that it is not enough and shared the struggles the businesses are faced with. Asked council to urge OCTA to help the businesses. Juan Romo thanked council and city staff. Noted that the economic stimulus received is not enough. Asked council to request OCTA to provide further aide. Ana Laura Padilla an owner in downtown Santa Ana thanked Mayor Sarmiento for his assistance. Emphasized the need for OCTA to provide economic . ►ulus. Spoke on the street closures and pictures she submitted. Thanked city for thr ,onomic support however it is not sufficient to cover the losses since the OC Streetcar b 4sked council to consider the amended proposed guidelines and to provide further ,ista►. Council discussion ensued and provided input to O' -1 representative. Mayor Pro Tem Bacerra spoke on the unsecv barricade Asked OCTA rL presentatives for more oversight on signs and assure that sa►, iuidelinr .,,e met for community and businesses. Noted that the financial assistance vi(' Thus far is not enough. Requested OTCA to assist and respond. Councilmember Hernandez expre e, -QM with fer, and the safety hazards. Requested from OCTA representaL '-s are,-- . , fences, .►ong with banners marketing surrounding businesses. Asked OC to mr , Li, - ^ million. Jim Beil Executive f _— - Capital t Grams at OCTA noted that staff is looking into parameters to se, they ca, 7atch or 1 vide financial assistance to affected businesses. Councilmem►. Wernand, --4 an )penness to support the amended guidelines. Council —tuber Ptt expressed concern on pending OCTA lawsuit and impact on timeline. Ex- ,ern w,. '-,e temporary bridge that goes over Fourth Street. Asked OCTA and i speak wn� `►ity prc, ors and offer reduced rates during construction phase to affected .jusinesses. c, ,cilmember L( ,z requested a clean and safe working environments, signage, ano 111rity. Der ids that staff work with OCTA representatives to move the staging area away it the -)VA Academy. Requested an update on the litigation. Asked staff to compile a list of bL ss and spotlight them and share their information on social media. Councilmember Mendoza concurred with her colleagues. Spoke on the use of social media to assist in promoting the businesses. Councilmember Penaloza concurred with his colleagues. Mayor Sarmiento thanked city staff, OCTA representatives and merchants that came tonight. City Council 511 — 5 341(5/2022 Provided direction to city staff to use marketing tools jointly with OCTA. Proceed with a combined effort with Eat Shop and Play for additional social media outreach. Requested increase in barricade height to reduce noise and dust. Directed staff to have an item before the Legislative Committee to find Federal funding. After item 4 was heard, council considered item 6. 5. COVID-19 Update in the Community MINUTES: City Manager Kristine Ridge provided a brief ,?me, `toted that the COVID numbers have improved and thus item was shelved. C'ou, Icil procee , hear item 7. 6. Travel Santa Ana 2021 Annual Report — Comrr Ay Develor rent Agency MINUTES: Item 6 was taken out of order and e. `de, after item 4 was heard. President of Travel Santa Ana We Haase providr, brief presentation. Council discussion ensued and inp oroviu- "-r item � as heard, council considered item 5 followed by item 7. 7. Air Quality MG ement f ' ' lgac,-- Update — Public Works Agency MINUTF1z • Execut, firector of Public Works Agency Nabil Saba provided a brief pre u..� .;ouncil disCUSsiC ensued ,.nd direction provided to staff. CLOSE. 'ESSION RF JRT —The City Attorney will report on any action(s) from Closed Session. MINUTES: G,._ ' , ney Sonia Carvalho stated there was no reportable action. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Alan Wu spoke on a 1906 xenophobic incident that occurred in Santa Ana in which Chinatown was burned down. Requested redemption and a resolution of apology. City Council 611 — 6 34V5/2022 Danny Vega spoke on the budget. Supports funds to be allocated towards a Police Oversight Committee. Catalina Iniestra spoke in support of item 11, to end the sale of flavored tobacco products. Victor Mendez spoke on item 4 and concurs with Councilmember Phan regarding the connecting bridges. Spoke in support of a high wall to reduce dust and r ting nice signage. Lastly, spoke on a proposal he submitted to fund the $1.5 rr" a to help the merchants. Madeleine Spencer with Santa Ana Business Council spoke (,. item 4 a, requested environmental and social costs be considered , every project. Clerk of the Council, Daisy Gomez, reported out on , . espondence received. Lynda Barbour with American Cancer SocietyActio. ',twor' ,.)oke on item 11 and urged council to support the tobacco ordinance. Marklem Valdovinos spoke on item 11 ,'vocated pass,. `he tobacco ordinance. Isabel Rivera expressed concern with the 'iblic sai, -•end the NOVA Academy due to the Orange County Streetcar. Asked coun, fo rer ve it,- ding area away from the school. Rene Lancaster with N' A Acad( y advoca for families, student and staff regarding public safety and rer ,al of OCT ; staging si, `. Thomas Lawton spoh 'op, ,pion u, Requested council add a Hookah exemption in the ordina, afore adoption. Sandr- uillen spc,. n the , of police services. Jo, lamirez spoke or, m 26. Advocated the hiring of more police officers and spoke in supp, f a Police Ovei fht committee. Shewa Sac ,poke ; pposition of item 11. Sarah Arpero wi,. L-atino Health Access spoke in support of more funding for rental assistance and mediation. Asked council to review other models used by other cities to assist residents. Fred Baskharron spoke on item 11 and asked council to give him time to sell his merchandise. Nathaniel Greensides spoke on redistricting process and injustices black communities City Council 711 — 7 341(5/2022 face. Hairo Cortez with Chispa spoke on item 26 and urged council to incorporate priorities: police oversight board, increase mental health counseling funding for LGBT youth, increase funding for existing employment programs for young residents, and hold at least one budget input session targeted to youth in Santa Ana. Also, echoed Alan Woo's resolution of an apology by city of Santa Ana for the burning of Chinatown Sandra spoke on item 11. Requested council to give them at least a .r to sell their product. Rima S. Khoury with National Hookah Community Associatioi. poke in , )sition of item 11. Ross Garcia spoke on item 4 and expressed concerr n his business due to the .3k of foot traffic as a result of the Orange County Streetr ,iroject. Janette Rodriguez Public Health researcher with USC, .n support of item 11. Amir spoke on item 11 and expressed' -ncerns his bu;. :�s and his employees will endure. Requested council to ask vote► `o Donna Moore with NOVA Academy expr6 9d put- au-.ncerns with homeless encampment and OCTA staging area by h. scr INSENT, LENDAR RECOMMENb. 4CT10' recommendations on the following '01 :nt Calenaa, .iems: 8 through 24. 8. Excu�- ' '—ences r drtment(_ ,lerk o. Council Office -I,ecommended .. ion: Excuse the absent members. 9. M, -�s from the F )ular Meeting of February 15, 2022 Depah -,nt(s' ,ierk of the Council Office Recommt ad Action: Approve minutes. 10. Minutes from the Special Meeting of February 16, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. 11. Adopt Ordinance No. NS-XXXX -AN ORDINANCE OF THE CITY COUNCIL OF THE City Council 811 -8 34115/2022 CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS First reading at the March 1, 2022 City Council meeting and approved by a vote of 7- 0. Published in the Orange County Reporter on March 4, 2022. Department(s): City Manager Office Recommended Action: Place ordinance on second reading adopt. MINUTES: Council discussion ensued. Councilmember Phan moved to approve the ser a reading with the a,. `ion to staff to have current retailers report their curre, ,ventoryon hand to staff,:. , allow them six (6) months to sell their product to , nailer outs; of the city. Councilmember Mendoza moved a substitute n, o approve the ordinance with an amendment directing staff to have current retain, report their current inventory to staff on hand and allow them , '' months to s6. gir product to a retailer outside of the city. Mayor Pro Tem Bacerra introduced ,ul, ute moz,,-1. This consent Ite Ordi►. ce No. A 7014 was approved. Moved by Ma_ ,conded by Councilmember Penaloza to approve substitro tion to approve recommended action. 110 -,: 7 — ht, -)dez. L z. Mendoza. Penaloza. Phan. Bacerra. Sarmiento 40: 0 ABSTAIN: 0 ISENT:0 S, s: 7 — 0 — 0 — Pass 12. Adopt, ,e No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , ATA ANA AMENDING SECTION 2-105 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT ABSTENTIONS UNLESS LEGALLY REQUIRED, TO REQUIRE UNAUTHORIZED ABSTENTIONS TO BE COUNTED AND RECORDED AS A VOTE WITH THE MAJORITY, AND TO DESCRIBE THE CONFLICT DISQUALIFICATION PROCESS First reading at the March 1, 2022 City Council meeting and approved by a vote of 7- 0. City Council 911 — 9 34Y5/2022 Published in the Orange County Reporter on March 4, 2022. Department(s): City Manager Office Recommended Action: Place ordinance on second reading and adopt. MINUTES: This consent Item - Ordinance No. NS-3015 was approved. Moved by Councilmember Phan, seconded by CouncilmP ,er Lopez to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Ph n cerra, �iento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 13. Award Blanket Order Contracts to Office Depot, . - . id Veritiv Operating Company in an Annual Aggregate Amount Nnt to Exceed $80,. ' for up to a Four -Year Term for the Purchase of Reprographic P -d Envelopes t, cification No. 21-088) (General and Non -General Fund) Department(s): Finance and Man ent v., Recommended Act' °ward bla ,der contracts to Office Depot, LLC and Veritiv Operating r , ipan) provide ographic paper and envelopes in an annual aggregate amn of $80,01 for a one- it period beginning April 1, 2022 and expiring Mar s1, 2023, �rovision fc Free one-year renewals by mutual agreement, s, ,:t to �-'-anges approved by the City Manager and City Attorney. 14. F iu trite ket O..Contract with Core & Main LP, Ferguson Enterprises LLC id Western -r Wor, ',apply Company for Waterworks Fittings and Supplies by Increasing it to a nnual ggregate Amount Not to Exceed $600,000 for the _)emainder of the intract Term (Specification No. 21-012) (Non -General Fund) L rtment(s): blic Works Agency Reco. an,. , Action: Amend the blanket purchase order contracts with Core & Main LP, juson Enterprises LLC, and Western Water Works Supply Company for waterworks fittings and supplies to increase the annual amount by $175,000, for a revised annual aggregate amount not to exceed $600,000, for the remainder of the current three-year term expiring May 17, 2024, and two one-year renewal periods, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award a Purchase Order in an Amount Not to Exceed $323,827 to Trane U.S. Inc., dba Trane for Replacement of an Air Conditioning Unit in the Ross Annex Portion of City Hall (Specification No. 22-024) (General Fund) City Council 101 — 10 34Y5/2022 Department(s): Public Works Agency Recommended Action: Award a purchase order to Trane U.S. Inc., dba Trane, in the amount of $281,589, with a contingency amount of $42,238, for a total amount not to exceed $323,827, to replace an air conditioning unit at the Ross Annex, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order in the Amount of $62,679 to Penske Chp� et of Cerritos for One Chevrolet 2500 HD Truck (Specification No. 22-003) (N, general Fund) Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase .od payrri. ')f purchase order to Penske Chevrolet of Cerritos for one Chevtount 2500 HD Truct, the amount of $62,679 plus a contingency of $5,000, for a tots not to exceeu '.679, subject to non -substantive changes approved h ,e City Manager and City, ,mey. MINUTES: Councilmember Phan recused If fro, .am 16, due to a conflict of interest. 17. Approve an Appropriation Adjusti t riaN$l ,.10 in District 2 Acquisition and Development Fun eceive,ears for the Santiago Park Main Street Entrance Project (Proje o. ' �731) a,. Approve an Amendment to the Agreement with N ',:�r & Assc , to Increase the Design Services Amount by $133,740 for a ' dv Es-,, ited Pro Design Cost of $383,740 (Project No. 20- 2731) (Non-Ge, al Fund) Departmer, ' • Public ry Recommender, +' - 1. Approve aii appropriation adjustment recognizing $1 ? _f Drior y. F nd balance from the Residential Development District 2, 11101. ' Devei. , nt, Prior Year Carry Forward revenue account and ,,propriating , ,ame C. , int to the Residential Development District 2, Acquisition andDevelopmer nprovei dents Other Than Building expenditure account for the ,antiago Park M Street Entrance Project (No. 20-2731). (Requires five affirmative S� 2. AL� ize tr Ay Manager to execute an amendment to the agreement with Hunsat, ,sociates for design services for the Santiago Park Main Street Entrance , )ject, to increase the amount by $133,740, for a total agreement amount of $383,740, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). MINUTES: This consent Item - Agreement No. 2022-036 was approved. 18. Award a Construction Contract to All American Asphalt in the Amount of $4,189,151, City Council 111 - 11 34Y5/2022 for the Garnsey Business District Pavement Improvements FY 2021-22 Project, with an Estimated Project Delivery Cost of $4,763,666 (Project No. 22-6991) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $4,189,151, for construction of the Garnsey Business District Pave- It Improvements FY 2020-21, for the term beginning March 15, 20' and ending upon project completion, and authorize the City Manager to execute contract subject to non -substantive changes approved by the City Manager a . �e Attorney. 2. Approve the Project Cost Analysis for a total estim tea constructiu `livery cost of $4,763,666, which includes $4,189,151 for the co 7 ,;tion contract; $.. 132 for contract administration, inspection and testing; a $239,383 project co, ryency for unanticipated or unforeseen work. Moved by Mayor Sarmiento, seconded by. or r rem Bacerra to Approve. YES: 7 — Hernandez, Lopez, Menr4nza, Penaloza, F Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: MayraWarmiee, provides. 'rection to staff. 19. Approve an A dmer . LiIU ar 2021-2022 Emergency Solutions Grant Memorandum of .5tanding Agreement with Santa Ana Police Department HEM' - gram fo, 'ditional Street Outreach and ESG Subrecipient Agreement . 1-1-1 1,, -le Coy, for HMIS Data Collection using Unspent FY 2020-2021 _SG Funds (N, genera. nd) ')epartment(s): Mifmunity Development Agency t. -immended ;tion: 1. Authorize the City Manager to execute an amendment to the , +a Ana ' ice Department HEART Program Memorandum of Understanding to incr, V amount of the agreement by $33,884 for program year July 1, 2021 - June 30, . -2 for additional street outreach activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022- XXX). 2. Authorize the City Manager to execute an amendment to the 2-1-1 Orange County Subrecipient Agreement to increase the amount of the agreement by $47,212.35 for program year July 1, 2021 - June 30, 2022 for additional Homeless Management Information Systems data collection, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). City Council 121 — 12 34Y5/2022 MINUTES: This consent Item - Agreement Nos. 2022-037 and 2022-038 were approved. 20. County of Orange Social Services Agency (SSA) Vocational Training and Work Experience Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to exec -in agreement awarding $2,516,892 to the City of Santa Ana's Santa Anp _), "enter from the County of Orange Social Services Agency for vocations' .fining a, pork experience activities, effective July 1, 2022 through June 30, 2021 subject to non stantive changes approved by the City Manager and City P' iey (Agreement N, '022- XXX). MINUTES: This consent Item - Agreeme►. 'n. 2027 J was approved. 21. Amend the Agreement with We rborists, Inc,. Tree Maintenance Services, Increasing the Annual Amount bV %, r the Rema. Term of the Agreement (General and Non -General Fund) k Department(s): Public Works Agen Recommended ,A rize th ty Manager to execute an amendment to the agreement with ;st Coas borists, Ii or tree maintenance services to increase the annual a►- ant by $14F 0, for a tot ount not to exceed $2,164,100, for the remaining te, f the ao, 1 December 31, 2022, with six one-year renewal option:, err e by e anager, for a total amount not to exceed $16,2,in 750 subj(-- non -substantive changes approved by the City Manager and CP 'Agree + No. 2022-XXX). hk MINUTES: Ma, Sarmie..o recused himself from Item 21, due to a conflict of ,nterest. T►. -onsent It , - Agreement No. 2022-040 was approved. 22. Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $300,000, and by $600,000 Annually for the Remaining Term of the Agreement (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $300,000, for a total amount not to City Council 131 — 13 34Y5/2022 exceed $1,660,000, and increasing the annual amount by $600,000, for a total amount not to exceed $1,960,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $14,979,667, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). MINUTES: Council discussion ensued and direction provided to ff Councilmember Hernandez expressed support of a prevent � and proactive approach to engage youth in the arts. Mayor Pro Tem Bacerra moved to approve to adjuF -dinance with "1ional direction to staff to add the downtown parking str, gyres to the contract c,. "d another way to have the operators use them. ' .;onded by Councilmemb6. Penaloza. Councilmember Phan introduced a substitute r,. Moved by Councilmember Pha e 4 by COnember Lopez to approve substitute motion to c ue ite, +iex meeting. YES: 7 - Hernandez - Mendoz Aialoza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:C Status: 7 - 0 -0-' 23. Rep-' Authoriz. 'he Submission of the Building Forward: Library Infrastructure . ,r Appi,. n to tr. '91ifornia State Library, and if Awarded, Acceptance and _xecution of ti, 'rant FL � for Library Critical Maintenance, Life Safety, and Infrastructure Ne, artment(s): lRary Re. mende .ction: Resolution No. 2022-XXX - Adopt a resolution authorizing the su. `s; if a Building Forward: Library Infrastructure Grant Application for library cri. . maintenance, life safety, and infrastructure needs; and if awarded, approval to accept funds, implement the awarded project; and designate Library Services Director Brian Sternberg as the Authorized Representative to enter into the grant agreement. MINUTES: This consent Item - Resolution No. 2022-020 was approved. City Council 141 - 14 34Y5/2022 24. Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill ?' .or the next 30 days. MINUTES: This consent Item - Resolution No. 2022-0' rva, 'iproved. Moved by Councilmember Penaloza, seconded by ' .jncilmember Hern, 'iz to Approve Consent Calendar items 8-24 with the e- :ption of 11, 12, 18 and 22. Councilmember Phan recused herself from 4rn 16, dui a conflict of interest. k. Mayor Sarmiento recused himself from Item 21, +o a .iflict of interest. . YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, b. -ra, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END : CONSEi CALENDAR** I BUSINESS CALENDAR 25 icy of Santa /- Genet, "an Annual Progress Report (2021) Department(s): nning and Building Agency ommended ion: Authorize staff to submit the City of Santa Ana's 2021 Ge, ,I Plan A, .al Progress Report to the State of California Department of House, nd .,nmunity Development (HCD) and Office of Planning and Research (OPR). Moved by Mayor Sarmiento, seconded by Councilmember Hernandez to Approve. YES: 7 — Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0 ABSTAIN: 0 City Council 151 — 15 34Y5/2022 ABSENT:0 Status: 7-0-0-0— Pass 26. Early Direction for Fiscal Year 2022-23 Budget Cycle Department(s): Finance and Management Services Recommended Action: Provide early budget direction to staff for the upcoming fiscal year. MINUTES: City Manager Kristine Ridge provided a brief pr, ,tation. Executive Director of Finance and Management Servic,, Agency Fhryn Downs provided a brief presentation. Council discussion ensued and direction prov" .i to staff. Councilmember Phan recused herself durirt, o disc, ,on of 3rd and Broadway due to a conflict of interest. **END OF P '17SS CALEND. �* PUBL HEAK. PUBLIC COMMENTS— Members of the � ;c r addreske City Council on each of p 9 Y the Public Hearing items. 27. Public Hearina insider a )rdinance ending Chapter 39 of the Santa Ana Municipal Cr Related t Water Sh e Contingency Plan Legal Notice pL he e my Reporter on March 4, 2022. Dep---' -nt(s): Works Agency .;ommen, Actio, `oprove first reading of an ordinance amending Chapter 39 if the Municipa, de rela, a to the Water Shortage Contingency Plan. 'MUTES: Mayc Sarmiento opened the public hearing at 11:53 p.m. and seeing nL mment MF Sarmiento closed the public hearing at 11:54 p.m. Moved by .;ouncilmember Phan, seconded by Councilmember Mendoza to Approve. YES: 6 — Lopez, Councilmember, — Mendoza, Councilmember, — Penaloza, Councilmember, — Phan, Councilmember, — Bacerra, Mayor Pro Tem, — Sarmiento, Mayor NO: 0 ABSTAIN: 0 City Council 161 — 16 341(5/2022 ABSENT: 1 — Hernandez, Councilmember Status: 6-0-0— 1 — Pass 28. Public Hearing - Consider an Ordinance Repealing and Reenacting Article II of Chapter 16 of the Santa Ana Municipal Code Related to Solid Waste Collection Regulations Legal Notice published in the Orange County Reporter on March 4, 2022. Department(s): Public Works Agency Recommended Action: Approve first reading of an ordina, -)eating and reenacting Article II of Chapter 16 of the Santa Ana Muni, ai Coy. -fated to solid waste collection regulations. MINUTES: Mayor Sarmiento opened the publi, :wring at 11:55 p.m. a, "geing no comment Mayor Sarmiento closed the p► hearing P ` 11:56 p.m. Moved by Councilmember Phan, seconded ncilmember Lopez to Approve. YES: 7 — Hernandez, Councilmen Councilmember, — Penaloza, Cou Mayor Pro Tem, — Sarmiento, May NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7 — 0 — 0 — P, COUNQV - REQL TED ITEMS ,oer, — Mendoza, ncilmember, — Bacerra, 29 scuss and k.. ,ider L. ping the City Manager to Direct Staff to Prepare a Resolution Callir Jpon o7uwState Legislators to Introduce and Pass a Bill that Would -nd Child Marriac - Councilmembers Mendoza, Lopez and Phan Mi. 'TES: Col ilmember discussion ensued and input provided to city staff: With no ot,, `;on ajority of the council supported the item. CITY MANAGER COMMENTS MINUTES: City Manager Kristine Ridge thanked councilmembers for participating in today's ribbon cutting ceremony for the new play and learn children's patio and congratulated Library Services Department for a well organized event. Congratulated Sewer Services team for winning the 2021 Medium Collection System of the Year award City Council 1 W 1 — 17 341(5/2022 from the California Water Environment Association. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Lopez thanked Fire Station 70 in Ward ? the ride along. Thanked staff for today's ribbon cutting event. Councilmember Mendoza wished all a goodnight. Councilmember Penaloza wished all a goodnight. Councilmember Phan announced her attendanc6 she Assoc on of California Water Agencies Conference and found it informative, than ' resi it Denise Reynoso for inviting her to speak during Read Across America at S, -jo Elementary school and wished all a goodnight. Mayor Pro Tem Bacerra thanked staff fo sucu,. ' -ibbon e� ,t, announced his monthly community hours, wished all a gL might. Councilmember Hernandr d City M, der for hiring Library Services Executive Director Brian Sternber nd regL ted to aa, rn in memory of former employee Arturo Hernandez. Mayor Sarmiento tha, -1st- or ton1,q,,. _ cellent presentations. Adjourned in memory of Ann Andres_ Ar .URNMENT — Ac. rn the Ucy Council meeting. MINUTE '4ayor Sar, 16, 2022 ai " 0 a. ;nto adjourned the City Council meeting on Wednesday, March City Council 181 — 18 34V5/2022 brs 2/28/22 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE VI OF CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE RELATING TO WATER CONSERVATION WHEREAS, California Water Code Section 375 et seq. authorizes the adoption of a water conservation ordinance after notice and a public hearing; and WHEREAS, in order to conserve water supplies, California Water Code Section 375 et seq. permits public entities that supply water at retail to: (1) adopt water conservation programs; and (2) enforce such programs. To minimize or avoid any future shortage, the City Council therefore establishes this comprehensive water conservation program pursuant to California Water Code Section 375 et seq. and the City's police power; and WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the southern California region; and WHEREAS, the protection, conservation, and management of local and imported water supplies are one of the main functions of the City of Santa Ana as a domestic water purveyor. The City has the power to perform all acts necessary to carry out fully the provision of California Water Code Section 375, to establish rules and regulations for the distribution of use of water, and to undertake a water conservation program to promote efficient water use and reduce water waste; and WHEREAS, wasteful water use practices constitute a potential threat to, and an unacceptable diminution of, the City's water supplies. The prevention of water waste is an economically and environmentally feasible way to protect, conserve, and prevent unacceptable diminution of the City's water supplies; and WHEREAS, careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs; and WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and n-ji-n- ni nic_XXX City Council 12 — 1 4/5/2Q22 of 18 brs 2/28/22 WHEREAS, Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof; and WHEREAS, California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies; and WHEREAS, contamination, drought, or failure of the water system infrastructure may lead to a potable water shortage emergency in the City's water supplies; and WHEREAS, California, including Orange County, experienced significant dry year conditions in 2012-2017, which led local water agencies to declare water shortage conditions that triggered drought actions; and WHEREAS, the City has experienced a direct impact on the reliability of available water supplies. The City's reliability was increased through customer curtailment due to demand management measures implemented with the passing of City Ordinance No. NS- 2877 in 2015. These actions are specified in the adopted 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan, based on levels of drought severity, and provide the legal authority for implementation and enforcement; and WHEREAS, following the end of the drought, the California Legislature modified the Urban Water Management Planning Act in 2018 to include additional water shortage planning requirements. California Water Code has significant updates, specifically to Water Code Section 10632.1 and Section 10632.5 that now mandate new elements to Urban Water Management and Water Shortage Contingency Plans, including an annual drought risk assessment, State Water Shortage Levels and statewide water use prohibitions; and WHEREAS, as of July 1, 2021, the City is required to prepare an Annual Water Supply and Demand Assessment and Drought Risk Assessment as part of the Urban Water Management Plan for submission to the California Department of Water Resources. Annually, by July 1 st of each year, beginning in 2022, the City is required to monitor, report and if declared a drought emergency, then notify the Department of Water Resources, in order to comply with the State's Water Code 10632.1 reporting requirements; and WHEREAS, the City adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of providing a reliable supply of water to meet the needs of its water customers. The City's Urban Water Management Plan also includes the City's 2020 Water Shortage Contingency Plan; and n-ji-n- ni nic_XXX City Council 12 — 2 4/5/2Q22 of 18 brs 2/28/22 WHEREAS, the City's Water Shortage Contingency Plan establishes standards and procedures to enable implementation and enforcement of local water shortage contingency measures. These measures align with the State of California, Water Code Section 353 which specifies that "when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire prevention"; and WHEREAS, the City currently has a water conservation ordinance set forth in Article VI of Chapter 39 of the Santa Ana Municipal Code; and WHEREAS, the City wishes to update this ordinance to be consistent with the new requirements of the updated California Water Code Section 10632 and the City's updated 2020 Urban Water Management Plan and 2020 Water Shortage Contingency Plan; and WHEREAS, to effectively update Article VI of Chapter 39, it is necessary that Article VI of Chapter 39 be repealed and reenacted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 2. Chapter 39 of Article VI of the Santa Ana Municipal Code is hereby reenacted in its entirety to read as follows: ARTICLE VI. WATER CONSERVATION DIVISION 1. GENERALLY Sec. 39-84. — Purpose. This article establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and prevent unreasonable method of use of water within the City of Santa Ana in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times. Sec. 39-85 — 39-87. — Reserved. DIVISION 2. — DEFINITIONS n.,ji—n— ni nic_XXX City Council 12 — 3 4/5/2Q22 of 18 brs 2/28/22 Sec. 39-88. —Definitions. For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows: "City" shall mean the City of Santa Ana, Orange County, California. "City Manager" means the chief administrative officer of the City of Santa Ana appointed by the City Council. "Cost" means the actual cost to the Utility, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the general administrative overhead, in accordance with the accounting practices of the Utility. "Customer" means water customer or water user. "Executive Director of Public Works" means the chief administrative officer of the Public Works Agency of the City of Santa Ana, or his or her designee. "Flow restricting device" or "flow restrictor" means a fitting inserted into the service connection to reduce flow capacity. "Grower" refers to those engaged in the growing plant material or raising animals. "Landscape Irrigation System" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. "New construction" means, for the purposes of this article, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape. "Person" shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business entity, or other similar entity, or the agent, employee or representative of any of the above. "Potable Water" means water that is suitable for drinking. "Recycled water" or "reclaimed water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. QrH;—n Kl�__xxx City Council 12 — 4 4/5/2QR2 of 18 brs 2/28/22 "Service connection" means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter. "Single Pass Cooling Systems" means equipment where water is circulated only once to cool equipment before being disposed. "Valve" means a device used to control the flow of water. "Water Allocation" shall mean the amount of water a customer may use in a billing cycle pursuant to this article. "Water customer" means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service. "Water feature" or "feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on -site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. "Water Shortage Emergency" shall mean a condition existing within the City of Santa Ana in which the ordinary water demands and requirements of persons within the City cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within its jurisdiction, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand. "Water user" means any user of water including a water customer. DIVISION 3. — RESERVED. Sec. 39-89 — 39-95. — Reserved. DIVISION 4. — REGULATIONS GOVERNING WATER CONSERVATION PHASES Sec. 39-96. — Applications. nrHi—ni nic_XXX City Council 12 — 5 4/5/2QR2 of 18 brs 2/28/22 (a) The provisions of this article apply to any Customer, Person, and property using water provided by and/or used within the City. (b) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services. (c) The provisions of this article do not apply to the use of Recycled Water, with the exception of Section 39-99, as Recycled Water is considered a valuable source of water. (d) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, with the exception of Section 39-99. (e) The provisions of this article do not apply to the use of water from private wells, with the exception of Section 39-99. (f) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff. Sec. 39-97. — Procedures for Determination of Water Supply Shortage and Level Implementation. (a) Under Water Code Section 10632.1, the City is required to submit a water shortage assessment "report" to the California Department of Water Resources by July 1 of each year. (b) The City will follow a written decision -making process defined in the Water Shortage Contingency Plan (WSCP) to assess water supply reliability on an annual basis. (c) The Executive Director of Public Works will determine if a water shortage exists based on the water shortage criteria and levels defined in the WSCP. (d) In the event a water shortage is triggered according to the procedures and conditions defined in the adopted WSCP, the City Council shall make findings of water supply shortage and declare the applicable water conservation phase by resolution. The implemented phase of the water supply shortage shall be in effect until the City Council declares that the water supply shortage has ended or until another phase has been implemented. (e) The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 39-98 of this Ordinance. n-ji-n- ni nic_XXX City Council 12 — 6 4/5/2Q22 of 18 brs 2/28/22 (f) Subject to subsequent ratification by the City Council, when the Executive Director of Public Works determines that a sudden event has, or threatens to, significantly diminish the reliability or quality of the City's water supply, the Executive Director of Public Works may declare a catastrophic water supply shortage and impose emergency water allocation or conservation actions as deemed necessary, in the Executive Director of Public Works' professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City takes other action. Sec. 39-98. — Procedures and Protocols for Communication. Upon declaration of a Water Shortage, the City will inform all relevant stakeholders, such as Customers, the public, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant level according to the communication procedures identified in the City's WSCP, including: (a) Any current or predicted shortages as determined by the annual water supply and demand assessment. (b) Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment. (c) Any other relevant communications. Sec. 39-99. — Permanent Water Conservation Requirements — Prohibition Against Water Waste. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water. Noncompliance with restrictions on water waste shall be subject to an administrative citation. (a) Watering of a lawn, landscape or other vegetated area between the hours of 8.00 a.m. and 6:00 p.m. is prohibited. Hand-held water cans, buckets, or similar containers reasonably used to convey water for irrigation purposes are not subject to these time restrictions. Similarly, a hand-held hose equipped with a fully functioning, positive self -closing water shut-off nozzle, may be used during the otherwise restricted period. If necessary, and for very short periods of time, for the express purpose of adjusting or repairing a landscape irrigation system, one may operate a landscape irrigation system during the otherwise restricted period. (b) Washing down sidewalks, walkways, driveways, parking areas, or other hard or paved surfaces is prohibited, except to alleviate safety or sanitary hazards using a handheld container, hose with an automatic shut-off device, or a low -volume high- pressure cleaning machine that recycles used water. nrHinnn— Kin nic_XXX City Council 12 — 7 4/5/2Q22 of 18 brs 2/28/22 (c) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff from the property onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. (d) The use of water to irrigate outdoor landscapes during or within forty-eight (48) hours after measurable rainfall is prohibited. (e) Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a hand- held bucket or hand-held hose equipped with a positive self -closing device or water shut-off nozzle. This subsection does not apply to any commercial car washing facility. (f) The use of water to clean, fill, or maintain levels in decorative fountains, ponds, lakes, or other similar aesthetic structures, unless such water is part of a re- circulating system, is prohibited. The only exceptions shall be a water feature currently listed in the National Register of Historic Places, where water use is deemed necessary for the integrity of the feature, or a water feature that has been issued a waiver from the City. (g) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours, unless other arrangements are made with the City. (h) No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested. (i) Hotels, motels and other commercial lodging establishments must provide customers the option to opt out of towels and linen laundering service. Commercial lodging establishments must prominently display notice of this option in each bathroom using simple and easily understood language. (j) Food preparation establishments such as restaurants or cafes are prohibited from using non -water efficient kitchen pre -rinse spray valves. (k) Installation of single pass cooling systems is prohibited in any new or remodeled buildings. (1) Commercial car wash system: Effective on January 1, 2012, all commercial conveyor car wash systems must have installed operational re -circulating water systems or must have secured a waiver of this requirement from the City. (m) Installation of non -recirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems unless a waiver from the City has been obtained. nrHinnn— Kin nic_XXX City Council 12 — 8 4/5/2Q22 of 18 brs 2/28/22 (n) Watering or irrigation with a device that is not continuously attended is limited to fifteen (15) minutes per day per valve. Low flow drip type systems, water efficient stream rotor systems, and sensor/weather-controlled systems are exempt. (o) Any new planting should be performed with drought tolerant plants, as listed in the Metropolitan Water District of Southern California's list of California friendly plants. (p) Irrigating ornamental turf on public street medians is prohibited. (q) Use a shutoff nozzle on hoses is required at all times. (r) Unauthorized use of hydrants is prohibited. Authorization for use must be obtained from the City. Sec. 39-100. —Water Shortage Levels. The City's Water Shortage Contingency Plan defines six water supply shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40, and 50 percent shortages and a greater than 50 percent shortage. The City Council by resolution shall require or impose reductions in the use of water if such reductions are necessary in order for the City to comply with water use restrictions imposed by federal, state or regional water agencies, or to respond to local or regional water shortage conditions and emergencies, as defined in the City's Water Shortage Contingency Plan. Depending on the expected duration and severity of the shortage, these measures may include, but are not limited to, some or all of the water conservation management measures listed for each of the six (6) water supply shortage levels listed below and in the WSCP, which shall take effect upon declaration by the City Council. In an emergency, the Executive Director of Public Works may make the declaration, which will be ratified by the City Council at a subsequent meeting. During each elevated water supply shortage level, the water conservation/demand management measures will include the Permanent Water Conservation Requirements and the water conservation management measures of the previous level(s). Each level is intended to be more restrictive than the previous level(s). The City may implement other prohibited water uses as determined by the City, after notice to Customers. (a) Water Shortage Level 0 Water Shortage Level 0 exists during periods when the City anticipates no supply reductions. City's Permanent Water Conservation Requirements (Sec. 39-99) are in place at all times to prevent waste and unreasonable use of water. (b) Water Shortage Level 1 nrHinnn— Kin nic_XXX City Council 12 — 9 4/5/2Q22 of 18 brs 2/28/22 Water Shortage Level 1 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of up to 10% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) Watering of a lawn, landscape or other turf areas between the hours of 6:00 a.m. and 6:00 p.m. is prohibited, except by use of hand-held device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time. (2) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within seventy-two (72) hours of notification by the City, unless other arrangements are made with the City. (3) All non -essential water use for public entities shall cease. (c) Water Shortage Level 2 Water Shortage Level 2 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 11-20% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within forty-eight (48) hours of notification by the City, unless other arrangements are made with the City. (2) Irrigation shall be limited to two (2) days per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering. (3) Filling or re -filling ornamental lakes is prohibited. Ornamental lakes and ponds that sustain aquatic life of significant value and were actively managed prior to the shortage declaration are exempt. (4) Subject to applicable law, the City may impose drought rates and surcharges if deemed necessary. nrHi—ni nic_XXX City Council 12 — 10 4/5P2022 of 18 brs 2/28/22 (5) The City may reduce potable water allocations in all categories to meet the available water supply. (d) Water Shortage Level 3 Water Shortage Level 3 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 21-30% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) Decorative water features that use potable water must be drained and kept d ry. (2) Car washing is only permitted using a commercial car wash that recirculates water or by high-pressure/low-volume wash systems. (3) Any new construction will be required to submit a water use plan to the City that addresses the impacts to the existing water users and how they will be mitigated (such as dust control, etc.). (4) Except for landscapes watered with non -potable water, the installation of new landscaping is limited to drought tolerant trees, shrubs and groundcovers. Installation of new turf or hydroseed is prohibited. Customers may apply for a waiver to irrigate during an establishment period for the installation of new turf or hydroseed. (5) Turf irrigation shall be limited to 2 days per week when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering. (e) Water Shortage Level 4 Water Shortage Level 4 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 31-40% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) Irrigation shall be limited to one (1) day per week turf watering when using potable water. Plant containers, trees, shrubs and vegetable gardens may be watered additional days using only drip irrigation or hand watering. n-ji-n- ni nic_XXX City Council 12 — 11 4/5P2&22 of 18 brs 2/28/22 (2) Existing pools shall not be emptied and refilled using potable water, unless required for public health and safety purposes. (3) No new permits for pools will be issued. (4) No new landscape installations or renovations will be permitted. (5) Previous waivers for watering during an establishment period will be revoked. (f) Water Shortage Level 5 Water Shortage Level 5 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of 41-50% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and Permanent Water Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or distribution system must be repaired within twenty-four (24) hours of notification by the City, unless other arrangements are made with the City. (2) All irrigation is prohibited. (3) Watering for agricultural or commercial nursery purposes is prohibited. (4) Watering of all golf course areas is prohibited. (5) Watering of parks, school grounds and recreation fields is prohibited, except for rare plant or animal species. (6) No new potable water service connections will be permitted. (7) Water use is only permitted for public health and safety purposes. (g) Water Shortage Level 6 Water Shortage Level 6 exists when the City determines, in its sole discretion, that due to drought or other water supply restrictions, a water supply shortage exists and a consumer demand reduction of greater than 50% is necessary to make more efficient use of water and appropriately respond to existing water restrictions. In addition to the above -mentioned requirements and Permanent Water nrH;n Kl�__xxx City Council 12 — 12 4/5P2022 of 18 brs 2/28/22 Conservation Requirements, the demand reduction actions provided in the most recent WSCP apply, including but not limited to: (1) Water can only be used for public health and safety purposes. Customer rationing may be implemented. (2) Water usage for air conditioning is prohibited. (3) The City may shut off all non -essential water services. (4) Water for commercial manufacturing or processing purposes shall be reduced in volume by up to 50% or more if necessary for public health and safety purposes. (5) The City of Santa Ana may discontinue service to consumers who willfully violate any water conservation provisions. Sec. 39-101. — Correlation Between City Water Supply Shortage Levels and California Department of Water Resources Water Supply Shortage Levels. The City's water supply shortage levels are aligned with the State Water Supply Shortage Levels and therefore comply with Water Code Section 10632(a)(3) as may be updated from time to time. Sec. 39-102. — Levels of Declared Water Supply Shortage. The City Council is authorized to require or impose reductions in the use of water by resolution if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City's Water Shortage Contingency Plan. Sec. 39-103. — Hardship Waiver. (a) Waiver: If, due to unique circumstances, a specific requirement of this article would result in undue hardship to a Person using water or to property upon which water is used, then the Person may apply for a waiver from the requirements as provided in this section. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. (1) Application for a Waiver. Application for a waiver must be on a form prescribed by the Executive Director of the Public Works Agency, or his or her designee. (2) Supporting Documentation. The written application shall be accompanied by photographs, maps, drawings, or other pertinent information as applicable, including a written statement of the applicant. n-Ji-n- ni nic_XXX City Council 12 — 13 4/5P2&22 of 18 brs 2/28/22 (3) Required Findings for Waiver. Based on the information and supporting documents provided in the application, additional information provided as requested, and water use information for the property as shown by the records of the City, the Executive Director of the Public Works Agency, or designee, in making the waiver determination, will take into consideration the following: (A) That the waiver does not constitute a grant of special privilege inconsistent with the limitation upon other City water service Customers; (B) That because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to water service Customers generally; (C)That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of this article and will not be detrimental to the public interest; (D)That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature; and (E) That no Person shall be given relief on appeal for hardship unless the water service Customer has installed water saving devices, as determined by the City, and made every reasonable effort to reduce water use. (b) Approval Authority. The Executive Director of the Public Works Agency, or designee, will act upon any completed application after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver will be promptly notified in writing of the action taken. The decision of the Executive Director of the Public Works Agency, or designee, is final. Sec. 39-104. — Penalties, Violations, and Enforcement. Noncompliance with restrictions on water waste shall be subject to an administrative citation. The penalties set forth in this section shall be additional to those penalties provided in any other section of this Code. The penalties for failure to comply with any of the prohibited use provisions of this article shall be as follows: (a) First Violation: The City shall issue a written notice pursuant to section 39-105. n.,iinnn— Kin nic_XXX City Council 12 — 14 4/5P2&22 of 18 brs 2/28/22 (b) Second Violation: A second violation within one year from the date of the first violation is punishable by a fine of Two Hundred Fifty Dollars ($250). (c) Third and Subsequent Violation(s): A third violation within one year from the date of the first violation and any subsequent violation is punishable by a fine of Five Hundred Dollars ($500) per notice. In addition to the fine and at the discretion of the Executive Director of Public Works, or his or her designee, the City may implement one or more of the following: (1) Water Flow Restrictor Device: The City may install a water flow restrictor device of approximately one gallon per minute. (2) Termination of Service: Subject to applicable law, the City may disconnect and/or terminate a Customer's water service for a willful violation of mandatory restrictions in this article. (3) Cost of Restricting Flow or Disconnecting Service: A Person that violates this article is responsible for payment of the City's charges for disconnecting and/or reconnecting service. All associated costs and fines must be paid in full prior to service restoration. Nonpayment will be subject to the same remedies as nonpayment of basic water rates. (4) Separate Offenses: Each day that a violation of this ordinance occurs is a separate offense. Sec. 39-105. — Notice of Violation. (a) If any Person fails or refuses to comply with this article, the Executive Director of Public Works, or his or her designee, shall provide that Person with written notice of the violation and an opportunity to correct the noncompliance. The written notice shall: (1) Be posted or presented at the site of the noncompliance; (2) State the time, date, and place of violation; (3) State a general description of the violation; (4) State the means to correct the violation; (5) State a date by which correction is required; and, (6) State the possible consequences of failing to correct the violation. nr�n�o ni nic_XXX City Council 12 — 15 4/5P2022 of 18 brs 2/28/22 (b) The City will issue a Notice of Violation by mail or personal delivery to the address of the violation, to the party who is billed for the water, or to the owner of the property, as appropriate at least ten (10) calendar days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. (c) Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared Water Shortage Level condition. Sec. 39-106. — Procedures for Monitoring Compliance and Reporting to the State. In order to ensure compliance with state reporting requirements and Customer compliance, the City will ensure to collect, track, and analyze relevant data per the procedures defined in the WSCP. Sec. 39-107. — Reevaluation and Improvement Process of Water Shortage Procedures. To ensure that water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP as needed. Sec. 39-108 — 39-116. — Reserved. Section 3. The City finds that this article and actions taken hereafter pursuant to this article are exempt from the provisions of the California Environmental Quality Act (CEQA) as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307 of the CEQA Guidelines. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that 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, sentence, clauses, phrases, or portions are declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. n.,iinnn— Kin nic_XXX City Council 12 — 16 4/5P2&22 of 18 brs 2/28/22 ADOPTED this APPROVED AS TO FORM: day of 12022. Sonia R. Carvalho, City Attorney By: Brandon Salvatierra Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor QrH;-- Kl�-_xxx City Council 12 — 17 4/5P2022 of 18 brs 2/28/22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana QrH;-- Kl�-_xxx City Council 12 — 18 4/5P2022 of 18 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE II OF CHAPTER 16 OF THE SANTA ANA MUNICIPAL CODE RELATING TO SOLID WASTE COLLECTION REGULATIONS WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and WHEREAS, State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multi -family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program; and WHEREAS, State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and multi -family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires jurisdictions to implement a recycling program to divert organic waste from businesses subject to the law, and requires jurisdictions to implement a mandatory commercial organics recycling program; and WHEREAS, Senate Bill 1383 (SB 1383), the Short-lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (SB 1383 Regulations) place requirements on multiple entities, including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self -haulers, food recovery organizations, and food recovery services, to support achievement of statewide organic waste disposal reduction targets; and Ordinance No. NS-XXX Page 1 of 42 City Council 13 — 1 4/5/2022 WHEREAS, SB 1383 requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of the SB 1383 Regulations. Such an ordinance will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, this Ordinance implements the requirements of the SB 1383 Regulations by updating Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds); and WHEREAS, to effectively update Article 11 of Chapter 16, it is necessary that Article II of Chapter 16 be repealed and reenacted in its entirety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds) is hereby repealed in its entirety. Section 3. Article II (Solid Waste Collection Regulations) of Chapter 16 of the Santa Ana Municipal Code (Garbage, Trash and Weeds) is hereby reenacted in its entirety to read as follows: ARTICLE II. — SOLID WASTE COLLECTION REGULATIONS Sec. 16-28. - Short title. This article shall be known and may be cited as the "Municipal Solid Waste Collection Regulations" of the city. Sec. 16-28.5. - Purpose of this article. It is in the public interest, health and safety that the collection, transportation and recycling, diversion by means of composting, mulching, and/or transforming, and disposal of all discarded materials in the city be regulated by the city. In order for the city to both manage the discarded materials generated within the city and to comply with California's regulatory requirements and any amendments made thereto, the city deems it necessary to provide rules and regulations relating to solid waste. Sec. 16-29. - Definitions. Applicant shall mean any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the Ordinance No. NS-XXX Page 2 of 42 City Council 13 — 2 4/5/2022 applicable permits to undertake any construction, demolition, or renovation project within the city. Bin service shall mean all solid waste collection services provided by means of front -loaded collection bins of various sizes. Blue container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of source separated recyclable materials or source separated blue container organic waste. Brown container has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used for the purpose of storage and collection of source separated food waste. Bulky items shall mean solid waste that cannot and/or would not typically be accommodated within a container, including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); up to twenty (20), thirty (30) gallon bags of green waste (including wood waste, tree branches, scrap wood); and electronic equipment (including stereos, televisions, computers and monitors, VCRs, microwaves and other similar items commonly known as "brown goods" and "e-waste"). Bulky items do not include car bodies, tires, construction and demolition solid waste or items requiring more than two persons to remove. Other items not specifically included or excluded above will be collected provided that they are not more than eight feet in length, four feet in width, or more than 150 pounds. C&D or construction and demolition debris shall mean construction and demolition solid waste. California Code of Regulations or CCR shall mean the State of California Code of Regulations. CCR references in this article are preceded with a number that refers to the relevant Title of the CCR (e.g., 14 CCR" refers to Title 14 of CCR). California Integrated Waste Management Act shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto. CalGreen means the California Green Building Standards Code. CalRecycle shall mean California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 regulations on jurisdictions and other regulated entities. Cart shall mean a plastic container with a hinged lid and wheels serviced by automated or semi -automated collection vehicles and with a container capacity of no less than 30 gallons and no greater than 101 gallons and furnished or supplied to each curbside service unit in the city by the city or its solid waste collection contractor for the Ordinance No. NS-XXX Page 3 of 42 City Council 13 — 3 4/5/2022 placement of gray container, blue container, brown cart and/or green container discarded materials. City shall mean the city of Santa Ana City enforcement official shall mean the city manager, executive director, or their authorized designee(s) who is/are partially or wholly responsible for enforcing this article. Collect or collection shall mean the act of taking physical possession of discarded materials at single-family, multifamily, or commercial premises within the city and from city facilities and transporting the discarded materials to an approved/designated facility for processing, transfer, or disposal. Commercial business or commercial shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for -profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). Commercial/industrial bin service shall mean bin service which is provided by the city's solid waste collection contractor to commercial and/or industrial units and/or a multifamily residential dwelling with 3 or more units. Commercial edible food generator includes a tier one commercial edible food generator or a tier two commercial edible food generator, or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators, or as otherwise specified by 14 CCR Section 18982(a)(7). Commercial premises has the same meaning as commercial business or commercial. Community composting shall mean any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on -site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined in 14 CCR Section 18982(a)(8). Compliance review shall mean a review of records by a city to determine compliance with this article. Compostable plastics or compostable plastic shall mean plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of this article, that "compost" means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. Ordinance No. NS-XXX Page 4 of 42 City Council 13 — 4 4/5/2022 Composting shall mean a method of waste treatment which produces a product meeting the definition of compost herein. Composting facility means a state permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of compost. Construction and demolition solid waste or construction and demolition debris shall mean the nonhazardous waste building material, inerts, soil, organic waste, yard trimmings, packaging, and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. Containers shall mean any and all types of solid waste receptacles, including carts, bins, and roll -off boxes provided by the solid waste collection contractor. Container contamination or contaminated container means a container, regardless of color, that contains prohibited container contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55). County agency enforcement official shall mean a county agency enforcement official, designated by the city with responsibility for enforcement in conjunction or consultation with the city enforcement official. Covered project means all demolition and building permits subject to the requirements of the California Green Building Standards Code. Covered projects are required to meet the minimum diversion requirements of the California Green Building Standards Code for all C&D debris generated by the project. Curbside service unit shall mean each single-family residence and duplex unit which receives curbside collection services provided by the city's solid waste collection contractor. This shall include commercial curbside users and any multifamily, business or professional user which does not require bin service as determined by the executive director of public works. Discarded materials are included in the definition of solid waste. For purposes of this article, material is deemed to have been discarded, whether it is destined for recycling or disposal, and whether or not it has been separated from other solid wastes, in all cases where a fee or other compensation, in any form or amount, is directly or indirectly solicited from, or is levied, charged, or otherwise imposed on, or paid by, the generator or customer in exchange for handling services. As used herein, handling services include, without limitation, the collection, removal, transportation, delivery, and processing and/or disposal of the material. Handling services specifically exclude the generator's use of a third party to assist the generator with on -site separation of materials into and among contractor - provided containers to facilitate recovery and minimize contamination. For the purposes of this article, discarded materials include source separated recyclable materials, source separated blue container organic waste, source separated green container organic waste, source separated brown container organic waste, food waste, non -recyclable gray container waste, and C&D, once the materials have been placed in containers for Ordinance No. NS-XXX Page 5 of 42 City Council 13 — 5 4/5/2022 collection. Discarded materials do not include edible food that is recovered for human consumption and is not discarded. Diversion requirement means the CALGreen-applied percentage of C&D debris generated by a covered project that must be diverted from landfills. Divert or to divert or diversion means any combination of recycling, sorting, composting, and/or other processing activities conducted in order to prepare, use and/or market the materials for reuse, remanufacture, reconstitution, or to otherwise return the material to the economic marketplace and to prevent the materials from being disposed in a landfill. Edible food shall mean food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this article or as otherwise defined in 14 CCR Section 18982(a)(18), edible food is not solid waste if it is recovered and not discarded. Nothing in this article or in Title 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code. Enforcement action shall mean an action of the city to address non-compliance with this article, including, but not limited to, a warning, a notice of violation, issuing administrative citations, fines, infractions, penalties, or using other remedies. Excluded waste shall mean hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the city and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in city's, or its designee's reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose city, or its designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multifamily solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or sharps when such materials are defined as allowable materials for collection through the city's collection programs and the generator or customer has properly placed the materials for collection pursuant to instructions provided by city or its designee for collection services. Executive director shall mean the Executive Director of Public Works of the city of Santa Ana, or his or her designee. Ordinance No. NS-XXX Page 6 of 42 City Council 13 — 6 4/5/2022 Food distributor shall mean a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22). Food facility shall mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, pursuant to Section 113789 of the Health and Safety Code. Food recovery shall mean actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). Food recovery organization shall mean an entity that primarily engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities, including, but not limited to: a food bank as defined in Section 113783 of the Health and Safety Code; a nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. A food recovery organization is not a commercial edible food generator for the purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this article. Food recovery service shall mean a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible food generator for the purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). Food scraps shall mean all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food scraps excludes fats, oils, and grease when such materials are source separated from other food scraps. Food service provider shall mean an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). Food -soiled paper shall mean compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. Ordinance No. NS-XXX Page 7 of 42 City Council 13 — 7 4/5/2022 Food waste shall mean food scraps and food -soiled paper. Food waste may include compostable plastics, as directed by the City. Generator shall mean a person or entity that is responsible for the initial creation of one or more types of discarded materials. Green container has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of source separated green container organic waste. Green container waste shall mean source separated green container organic waste. Grocery store shall mean a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). Hauler route shall mean the designated itinerary or sequence of stops for each segment of the city's collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). Hazardous wastes shall mean those wastes which, because of their physical or chemical characteristics, cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. High diversion organic waste processing facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average mixed waste organic content recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for organic waste received from the "mixed waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33). Inspection shall mean a site visit where a city enforcement official reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of organic waste, construction and demolition solid waste, recyclable materials, and/or edible food handling to determine if the entity is complying with requirements set forth in this article, or as otherwise defined in 14 CCR Section 18982(a)(35). Large event shall mean an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this article. Ordinance No. NS-XXX Page 8 of 42 City Council 13 — 8 4/5/2022 Large venue shall mean a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this article and implementation of Title 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this article. Local education agency shall mean a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40). Multifamily residential premises or multifamily residential building means of, from, or pertaining to residential premises with three (3) or more dwelling units. Multifamily premises do not include hotels, motels, or other transient occupancy facilities, which are considered commercial businesses. Non-compostable paper includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). Non -local entity shall mean the following entities that are not subject to the city's enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42), including: special district(s) located within the boundaries of the city; federal facilities, including military installations, located within the boundaries of the city; prison(s) located within the boundaries of the city; facilities operated by the state park system located within the boundaries of the city; public universities (including community colleges) located within the boundaries of the city; county fairgrounds located within the boundaries of the city; and state agencies located within the boundaries of the city. Non -organic recyclables shall mean non-putrescible and non -hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non -organic recyclables are a subset of source separated recyclable materials. Non -recyclable gray container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of non - recyclable gray container waste. Non -recyclable gray container waste shall mean solid waste that is collected in a gray container that is part of a three -container organic waste collection service that prohibits the placement of recyclable materials and organic waste in the gray container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Ordinance No. NS-XXX Page 9 of 42 City Council 13 — 9 4/5/2022 Section 17402(a)(6.5). Notice of violation shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4. Organic waste shall mean solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). Manure or feces generated by primates or other animals that may present a public health risk shall not be included in the definition of organic waste. Organic waste generator shall mean a person or entity that is responsible for the initial creation of organic waste, or as otherwise defined in 14 CCR Section 18982(a)(48). Paper products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). Permitted solid waste facility shall mean a solid waste facility for which there exists a solid waste facilities permit issued by the local enforcement agency and concurred by CalRecycle. Person shall include, without limitation, individuals, schools, colleges and all governmental agencies and entities, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, including the officers of such associations, corporations, etc. Printing and writing papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). Processing shall mean the reduction, separation, recovery, conversion or recycling of solid waste. Prohibited container contaminants shall mean the following: (i) discarded materials placed in the blue container that are not identified as acceptable source separated recyclable materials for the city's blue container; (ii) discarded materials placed in the green container that are not identified as acceptable source separated green container organic waste for the city's green container; (iii) discarded materials placed in the brown container that are not identified as acceptable source separated brown container organic waste for the city's brown container; (iv) discarded materials placed in the non -recyclable gray container that are acceptable source separated recyclable materials and/or source Ordinance No. NS-XXX Page 10 of 42 City Council 13 — 10 4/5/2022 separated green container organic wastes and/or source separated brown container organic waste to be placed in the city's green container, brown container, and/or blue container; and, (v) excluded waste placed in any container. Recovered organic waste products shall mean products made from California, landfill -diverted recovered organic waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Recycled -content paper shall mean paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61). Recycling means collecting, sorting, cleansing, treating, processing and reconstituting recyclable solid wastes for the purpose of reuse. Recycling includes processes deemed to constitute a reduction of landfill disposal pursuant to Title 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201. Remote monitoring shall mean the use of the internet of things (IoT) and/or wireless electronic devices to visualize the contents of blue containers, green containers, brown containers, and/or gray containers for purposes of identifying the quantity of materials in containers (level of fill) and/or presence of prohibited container contaminants. Residential bin service shall mean bin service which is provided by the city's solid waste collection contractor to any and all residential users which request or require such services. Responsible party shall mean the owner, property manager, tenant, lessee, occupant, or other designee that subscribes to and pays for discarded materials collection services from the city's solid waste collection contractor for a premises in the city, or, if there is no such subscriber, the owner or property manager of a single-family premises, multifamily premises, or commercial premises. In instances of dispute or uncertainty regarding who is the responsible party for a premises, responsible party shall mean the owner of a single-family premises, multifamily premises, or commercial premises. Restaurant shall mean an establishment primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). Roll -off service shall mean solid waste collection from transportable containers of ten (10) cubic yards or larger which are dropped off at residence, commercial or industrial establishments and later removed for collection of contents of said container. Roll -off service includes compactors which may be used with roll -off containers. Route review shall mean a visual inspection of containers along a hauler route for the purpose of determining container contamination and may include mechanical inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65). SB 1383 shall mean Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to Ordinance No. NS-XXX Page 11 of 42 City Council 13 — 11 4/5/2022 the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time. SB 1383 regulations or SB 1383 regulatory means or refers to, for the purposes of this article, the Short -Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created Title 14 CCR, Division 7, Chapter 12 and amended portions of regulations of Title 14 CCR and 27 CCR. Self -hauler shall mean a person, who hauls solid waste, organic waste or recyclable material he or she has generated to another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting organic waste to a destination owned and operated by the generator using the generator's own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). Single-family or single-family premises means any residential premises with less than three (3) units. Solid Waste has the same meaning as defined in Public Resources Code Section 40191, which defines solid waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes: (1) Hazardous waste, as defined in the Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code). (3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to Division 30 of the Public Resources Code. Solid waste includes, but is not limited to, yard waste, recyclable materials, organic waste, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the city. Ordinance No. NS-XXX Page 12 of 42 City Council 13 — 12 4/5/2022 Solid waste collection contractor shall mean the party (other than the city) that executed an exclusive franchise agreement with the city, and its affiliates, DBAs, and subcontractors that perform services on contractor's behalf. Source reduction and recycling element means the city's plan for meeting the requirements of California Integrated Waste Management Act. Source separated shall mean materials, including commingled recyclable materials, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this article, source -separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that source separated materials are separated from non -recyclable gray container waste or other solid waste for the purposes of collection and processing. Source separated blue container organic waste shall mean source separated organic waste that can be placed in a blue container that is limited to the collection of those organic wastes and non -organic recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7). Source separated blue container recyclable materials shall mean source separated non -organic recyclables and source separated blue container organic waste. Source separated brown container organic waste shall mean source separated organic waste that can be placed in a brown container that is specifically intended for the separate collection of organic waste by the generator, including food waste. Source separated green container organic waste shall mean source separated organic waste that can be placed in a green container that is specifically intended for the separate collection of organic waste by the generator, including food scraps, food soiled paper, compostable plastics (if directed by the city) and yard waste, and excluding source separated blue container organic waste, carpets, non-compostable paper, and textiles. Source separated recyclable materials shall mean source separated non -organic recyclables and source separated blue container organic waste. Supermarket shall mean a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). Three -container system shall mean a collection system in which generators are required to source separate discarded materials into three streams: solid waste, source Ordinance No. NS-XXX Page 13 of 42 City Council 13 — 13 4/5/2022 separated recyclable materials, and source separated organic waste, for placement in containers specifically designated for those materials. Tier one commercial edible food generator shall mean a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982(a)(73): supermarket; grocery store with a total facility size equal to or greater than 10,000 square feet; food service provider; food distributor; or wholesale food vendor. If the definition in 14 CCR Section 18982(a)(73) of tier one commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this article. Tier two commercial edible food generator shall mean a commercial edible food generator that is one of the following, each as defined in 14 CCR Section 18982(a)(74): restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; hotel with an on -site food facility and 200 or more rooms; health facility with an on -site food facility and 100 or more beds; large venue; large event; a state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; or a local education agency with an on -site food facility. If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this article. Uncontainerized green waste and yard waste collection service or uncontainerized service means a collection service that collects green waste and yard waste that is placed in a pile or bagged for collection on the street in front of a generator's house or place of business for collection and transported to a facility that recovers source separated organic waste, or as otherwise defined in 14 CCR Section 18982(a)(75). Waste reduction and recycling plan or WRRP shall mean a completed waste management plan form, approved by the city for the purpose of compliance with this article, submitted by the applicant for any CALGreen covered or noncovered project. The first portion of the form is submitted when applying for a permit, and the second portion when the project is completed. Wholesale food vendor shall mean a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, or prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76). Yard waste shall mean any wastes generated from the maintenance or alteration of public, commercial, or residential landscapes, including but not limited to, leaves, yard clippings, tree trimming, brush, weeds, and prunings, which have been source separated from other solid waste. Yard waste is a subset of organic materials and excludes hazardous materials. Sec. 16-29.5. -Administration. (a) The executive director may make rules and determinations pertaining to the storage, collection, recycling, diversion, conveyance, and disposal of solid waste Ordinance No. NS-XXX Page 14 of 42 City Council 13 — 14 4/5/2022 consistent with this article and with any resolution or contract of the city council pertaining to the same, including, but not limited to, the following: (1) The collection day schedules for curbside service and, when necessary to improve sanitation or reduce noise, for residential and/or commercial/industrial bin service. (2) Determinations as to whether waste material falls within the definition of solid waste. (3) Determinations as to whether the conditions for receipt of curbside service have been satisfied. (4) Determinations as to whether processing of solid waste is occurring in compliance with the California Integrated Waste Management Act and the city's source reduction and recycling element. (5) Determinations as to whether agreements between customers and the city's solid waste collection contractor for special or additional collection services or for bin or roll -off service are reasonable and consistent. (6) Regulations pertaining to periods of labor strike or other circumstances affecting collection services throughout the city. (7) Determinations as to whether residential, multifamily, commercial generators, tier one and tier two edible food generators, food recovery organizations, self - haulers, and organic waste generators are in compliance with the organics waste diversion requirements as described in this article. (b) Any person aggrieved by a rule or determination of the executive director of public works shall have the right of appeal to the city manager, who shall have the authority to confirm, modify, or revoke the same. Sec. 16-30. - Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and/or transforming, retain, and dispose of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. Effective July 1, 2022, this exclusivity includes construction and demolition solid waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in a roll -off container(s) and/or in bin(s). Ordinance No. NS-XXX Page 15 of 42 City Council 13 — 15 4/5/2022 (b) A person who generates solid waste, or who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of its own solid waste so long as it: (1) Does so in accordance with all governing laws and regulations, and (2) Does so in accordance with the self -hauler requirements in section 16-38.5. (3) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle), as described in section 16-38.5. (c) A person who generates solid waste, or who owns the premises upon which solid waste is generated or accumulated, may: (1) sell or, (2) donate its source separated recyclable materials and/or organic waste; provided, however, that in both instances: (A) the person must, on its premises, segregate from other solid waste the source separated recyclable materials and/or organic waste to be sold or donated, and (B) the person may not pay the buyer or donee, or any third party, any tangible consideration, including service, consulting or other fees or discount/reduction of fees, for collecting, processing, or transporting such source separated recyclable materials and/or organic waste. A person who simply receives a discount of, or reduction in, the collection, processing or disposal service rates for solid waste shall not be deemed to be selling or donating source separated recyclable materials and/or organic waste for purposes of this exception. At the request of the city, a person who sells or donates its source separated recyclable materials and/or organic waste shall provide documentation, including receipts from the person buying or receiving the donated source separated recyclable materials and/or organic waste evidencing the sale or donation, and invoices or agreements for hauling or recycling services. (d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste which it generates as an incidental portion of providing its licensed services. Any yard waste collected pursuant hereto must be transported by the gardener, tree trimmer or person to a facility permitted by CalRecycle in accordance with all laws and regulations. (e) Any person may collect, transport, and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection services throughout the city, provided such persons comply with any and all directives of the executive director. (f) Effective July 1, 2022, any solid waste collection contractor, other than the city's exclusive solid waste collection contractor as of that date, who may be entitled to continue services beyond that date pursuant to Public Resources Code section 49520 Ordinance No. NS-XXX Page 16 of 42 City Council 13 — 16 4/5/2022 shall not expand their account base or solicit new accounts during such period of continued services. (g) The executive director may, by written permit, authorize provision of bin service if the city's solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty-four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director. (h) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts, or disposes of solid waste, or who pays another to do so, other than as permitted by this section is guilty of a misdemeanor. Sec. 16-30.5. - Transporting solid waste on city streets. (a) Collectors of solid waste originating outside the city may haul such solid waste over city streets. (b) No person shall transport solid waste pursuant to subsection (a) above or sections 16-30(b), (c), or (d), or any other waste material, along the streets of the city unless it is enclosed or otherwise secured so as to prevent it from being blown, dropped, spilled, or leaked. Violation of this section shall constitute a misdemeanor. Sec. 16-31. - Curbside service regulations. Unless otherwise provided by special agreement for extra services between a curbside service unit and the city's solid waste collection contractor, subject to reasonable fees for extra services, persons receiving curbside service collection shall comply with the following regulations as a condition to regular curbside service collection: (a) All discarded materials shall be placed in the appropriate carts pursuant to section 16-31.5. (b) Any discarded materials placed for collection which is not contained in carts shall not be collected by the city's solid waste collection contractor. (c) Large, bulky items, such as furniture and household equipment, shall be considered bulky items which shall be disposed of as such. (d) The aforementioned requirements to place discarded materials in the appropriate carts shall not apply to Christmas trees, uncontainerized service, or bulky items properly placed for collection. (e) Carts shall be placed in the street with wheels adjacent to the curb, or along an alley having street access at both ends; provided, the city or its solid waste collection contractor may condition collection from private streets upon reasonable access and upon Ordinance No. NS-XXX Page 17 of 42 City Council 13 — 17 4/5/2022 the agreement of owners and occupants for the use of the private streets, including a reasonable fee for special services. (f) Single-family premises with less than three (3) dwelling units shall subscribe to cart service. Multifamily residential premises with three (3) or more dwelling units on a single parcel shall subscribe to bin service. These requirements may be waived for residential buildings by the executive director. Sec. 16-31.5. - Single-family SB 1383 requirements. Single-family organic waste generators with less than 5 dwelling units shall comply with the following requirements: (a) Subscribe to and pay for the solid waste collection contractor's three - container system collection services for weekly collection of non -recyclable gray container waste, source separated blue container recyclable materials, and source -separated green container organic materials generated by the single-family premises and comply with requirements of those services as described in this section. (b) Participate in the solid waste collection contractor's three -container system (gray container, blue container, and green container) service(s) in the manner described below. (1) Place source separated green container organic waste in the green container; source separated recyclable materials in the blue container; and solid waste in the gray container. (2) Not place prohibited container contaminants in collection containers and not place materials designated for the green container or blue containers in the gray container. (c) The executive director shall have the right to review the number and size of a generator's carts to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and single-family generators shall adjust their service level for collection services as requested by the executive director. (d) Nothing in this section prohibits a responsible party or generator of a single- family premises from preventing or reducing discarded materials generation, managing organic waste on site, and/or using a community composting site pursuant to 14 CCR Section 18984.9(c). Sec. 16-32. - Unlawful accumulations. (a) No person shall allow discarded materials to accumulate upon the premises under his or her control in an amount which is detrimental to the public health or safety or Ordinance No. NS-XXX Page 18 of 42 City Council 13 — 18 4/5/2022 which results in unsightly or insanitary conditions. Violation of this section shall constitute a misdemeanor. (b) Any accumulation of discarded materials upon any premises which is detrimental to the public health or safety, or which results in unsightly or insanitary conditions constitutes a public nuisance abatable pursuant to Chapter 17 of this Code or other applicable law. Sec. 16-32.5. - Disposal of dangerous materials. Any person violating any of the following provisions shall be deemed guilty of a misdemeanor: (a) No person shall dispose of any wearing apparel, bedding, or other material from any place where highly infectious or contagious diseases have prevailed except under the supervision and direction of the health officer or his representative. (b) No person shall dispose of any flammable or explosive materials except under the supervision and direction of the fire chief or his representative. (c) No person shall dispose of any hazardous waste and/or excluded waste except at an authorized hazardous waste and/or excluded waste collection site or as directed by the health officer, fire chief, or solid waste collection contractor. Sec. 16-33. - Service requirements for multifamily premises. (a) It shall be mandatory that residential buildings with three (3) or more dwelling units on a single parcel be served by bin service. This requirement may be waived for residential buildings by the executive director. Any applicant who has been denied a waiver by the executive director may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. (b) Multifamily residential premises receiving bin service pursuant to subsection (a) shall be required to obtain such service in the amount of not less than one- half ('/2) of one (1) yard per dwelling unit per week. (c) In the event that discarded materials being deposited in a container exceeds the container's capacity for such building, and the multifamily premises has produced more discarded materials than its current level of service during at least one other documented instance during a six-month period, the responsible party for the multifamily premises may be charged extra collection costs by the solid waste collection contractor. After three documented incidents of a multifamily premises producing more discarded materials than its current level of service in a six-month period, the responsible party for the multifamily premises may have its service level increase resulting in additional Ordinance No. NS-XXX Page 19 of 42 City Council 13 — 19 4/5/2022 collection fees and shall have its container size and/or service frequency increased to accommodate the volume of discarded materials generated. Sec. 16-33.5. - Multifamily SB 1383 requirements. Responsible parties of multifamily premises that have 5 or more units shall comply with the following requirements except responsible parties of multifamily premises that meet the self -hauler requirements in section 16-38.5: (a) Subscribe to and pay for the solid waste collection contractor's three - container system collection services for weekly collection of non -recyclable gray container waste, source separated blue container recyclable materials, and source separated green container organic waste or source separated brown container organic waste generated by the multifamily premises and comply with requirements of those services as described in this section. (b) Except multifamily premises that meet the self -hauler requirements in section 16-38.5 of this article, participate in the solid waste collection contractor discarded materials collection service(s) by placing discarded materials in designated containers described below. (c) Participate in the solid waste collection contractor's three -container system service(s) (gray container, blue container, and green or brown container) in the manner described below. (1) Place source separated green container organic waste, including food waste and yard trimmings, in the green container; source separated recyclable materials in the blue container; and non -recyclable gray container waste in the gray container. If the multifamily premises contracts with a landscaper to provide landscaping services, and the landscaping contractor hauls yard waste generated on the premises to a permitted recycling facility as described in section 16-39, the multifamily premises shall place, and/or direct its generators to place, source separated brown container organic waste (food waste) in the brown container, and source separated recyclable materials in the blue container; and non -recyclable gray container waste in the gray container. (2) Not place prohibited container contaminants in collection containers and not place materials designated for the blue container, green container or brown container in the gray container. (d) The executive director shall have the right to review the number and size of a generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and multifamily generators shall adjust its service level for its collection services as requested by the executive director. (e) Supply and allow access to adequate number, size and location of collection containers for employees, contractors, tenants, and customers, consistent with city's approved container collection service. Ordinance No. NS-XXX Page 20 of 42 City Council 13 — 20 4/5/2022 (f) Annually provide information to employees, contractors, tenants, and customers about organic material recovery requirements and about proper sorting of source separated recyclable material, and source separated green container organic waste or source separated brown container organic waste into blue, and green or brown containers. (g) It is the responsibility of a multifamily premises to provide education information before or within fourteen (14) days of the premises to new tenants that describes requirements to keep source -separated recyclable materials and source separated green container organic waste or source -separated brown container organic waste separate from solid waste (when applicable) and the location of containers and the rules governing their use at each property. (h) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with section 16-39.5 to confirm compliance with the requirements of this article. (i) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator's compliance with this section. The remote monitoring program shall involve installation of remote monitoring equipment on, or in, the blue containers, green containers, brown containers, and/or gray containers. Q) Multifamily premises that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a multifamily premises and a gardening or landscaping service specifies that the designated yard waste generated by those services be managed in compliance with this article and that the contract and/or work agreement contain the provisions set forth in Section 16-39. (k) If the responsible party of a multifamily premises intends to self -haul discarded materials generated by the premises, they must meet the self -hauler requirements of section 16-38.5. (1) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). Ordinance No. NS-XXX Page 21 of 42 City Council 13 — 21 4/5/2022 Sec. 16-34. - Service requirements for commercial/industrial premises. (a) It shall be mandatory that all commercial units and/or buildings and all industrial units and/or buildings be served by bin or roll -off service. This requirement may be waived by the executive director. Any applicant who has been denied a waiver by the executive director may appeal such action to the city council by filing within thirty (30) days after such denial, a written statement of his or her reasons why the city council should reverse the action from which the appeal is taken. Any person in the city who desires or is required to receive bin and/or roll -off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll -off container services. This provision shall not apply to roll -off containers or bins which are obtained for the collection of construction and demolition solid waste which has accumulated or been generated at a temporary construction site. Violation of this provision shall constitute a misdemeanor. (b) In the event that discarded materials being deposited in a container exceeds the container's capacity for such building, and the commercial/industrial building has produced more discarded materials than its current level of service during at least one other documented instance during a six-month period, the responsible party for the commercial/industrial building may be charged extra collection costs by the solid waste collection contractor. After three documented incidents of a commercial/industrial premises producing more discarded materials than its current level of service in a six- month period, the responsible party for the commercial/industrial premises may have its service level increase resulting in additional collection fees and may have its container size and/or service frequency modified to accommodate the volume of discarded materials generated. Sec 16-34.5. - Commercial SIB 1383 requirements. Responsible parties of commercial premises shall comply with the following requirements (except responsible parties of commercial premises that meet the self - hauler requirements in section 16-38.5): (a) Subscribe to and pay for the solid waste collection contractor's three - container system collection services for weekly collection of non -recyclable gray container waste, source separated blue container recyclable materials, and source separated green container organic waste or source separated brown container organic waste generated by the commercial premises and comply with requirements of those services as described below in this section. (b) Participate in the solid waste collection contractor's three -container system service(s) (gray container, blue container, green and/or brown container) in the manner described below. (1) Place source separated green container organic waste, including food waste and yard trimmings, in the green container; source separated recyclable materials in the blue container; and non -recyclable gray container waste in the gray Ordinance No. NS-XXX City Council 13 — 22 4/572of42 container. If the commercial premises contracts with a landscaper to provide landscaping services, and the landscaping contractor hauls incidental yard waste generated on the premises to a permitted recycling facility as described in section 16-39, the commercial premises shall place source separated brown container organic waste, including food waste, in the brown container, source separated recyclable materials in the blue container, and non -recyclable gray container waste in the gray container. (2) Not place prohibited container contaminants in collection containers and not place materials designated for the blue containers, green or brown container in the gray container. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with this section) for employees, contractors, tenants, and customers, consistent with the solid waste collection contractors discarded materials collection service. (d) Provide containers for the collection of source separated recyclable materials, and source separated green container organic waste or source separated brown containers organic waste in all indoor and outdoor areas where containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either: (1) A body or lid that conforms with the container colors provided through the collection service provided by the solid waste collection contractor, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022. (e) Prohibit employees from placing materials in a discarded materials container not designated for those materials to the extent practical through education, training, inspection, and/or other measures. (f) Periodically, but no less than once per year, inspect containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Ordinance No. NS-XXX City Council 13 — 23 4/572of42 (g) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated recyclable materials, and source separated green container organic waste or source separated brown container organic waste. (h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep source separated recyclable materials, and source separated green container organic waste or source separated brown container organic waste separate from solid waste and the location of containers and the rules governing their use at each property. (i) Provide or arrange access for city or its agent to their properties during all inspections conducted in accordance with section 16-39.5 to confirm compliance with the requirements of this article. Q) Accommodate and cooperate with city's remote monitoring program for inspection of the contents of containers for prohibited container contaminants to evaluate generator's compliance with this section. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green containers, brown containers, and/or gray containers. (k) If the responsible party of a commercial premises intends to self -haul solid waste generated by the premises, they must meet the self -hauler requirements of section 16-38.5. (1) Commercial premises that arrange for gardening or landscaping services shall require that the contract or work agreement between the owner, occupant, or operator of a commercial premises and a gardening or landscaping service specifies that the designated yard waste generated by those services be managed and recycled in compliance with this article and that the contract and/or work agreement contain the provisions set forth in Section 16-39. (m) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic material on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c). (n) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery requirements, pursuant to section 16-37.5. Sec. 16-35. - Service charges. (a) Owners and/or occupants of any improved parcel of real property in the city, as shown on the latest county assessment roll, except any parcel receiving bin or roll -off service exclusively, shall pay to the city a solid waste collection service charge (refuse service charge) in such amounts, at such times, and in such manner as shall be established by resolution of the city council. Such refuse service charge is imposed to provide for the continuing availability of curbside service and shall be due and payable in accordance with the terms of said resolution regardless of actual use thereof or of any interruptions or delays in such service, except to the extent reductions or refunds may be specifically authorized or directed by the executive director of public works or his or her Ordinance No. NS-XXX City Council 13 — 24 4/57ffl°f42 designee or by the executive director of finance and management services or his or her designee. (b) For purposes of administrative convenience, the city council may establish billing units for payment of the said service charge consisting of one (1) or more occupancies within one (1) or more parcels. The said total refuse service charge reflecting the number of billable units shall be billed as provided in section 39-20 as part of the city's regular consolidated municipal utility services account/billing statement but shall be listed as a separate line item on the municipal utility services account/billing statement. (c) A penalty of ten (10) percent shall be assessed on all unpaid refuse service charge bills thirty (30) days after the billing date. No penalty, however, will accrue until thirty (30) days after the date that the bill has been presented in accordance with section 39-20. (d) The said refuse service charge and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city. (e) In the event the occupant(s) of any property or premises, having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), thereafter quit or otherwise vacate the premises, then responsibility for future municipal utility services charges, including refuse charges, shall revert to the municipal utility services account of the property owner in accordance with section 39-16. (f) In addition to all other civil remedies for collection of such indebtedness, in the event that the owner and occupant of the premises or property receiving refuse service are the same, then said civil debt against such customer or person shall be subject to special assessment and lien against said property in the manner provided by law. Establishment of a lien against the property shall remove said refuse charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under this section and section 39-20. (g) Charges for bin service, roll -off container service or for collection services more frequent or more extensive than that provided in this article for curbside service shall be paid directly to the city's solid waste collection contractor in accordance with such regulations as shall be established by contract or resolution of the city council. Sec. 16-35.5. - Bin and roll -off services. Any person in the city who desires or is required to receive bin and/or roll -off service is required to obtain such services from the solid waste collection contractor with which the city has an agreement. Such persons shall be required to enter into an agreement with the solid waste collection contractor for the requested bin and/or roll -off container services. Ordinance No. NS-XXX City Council 13 — 25 4/572°f42 Sec 16-36. - Compliance with CALGreen recycling requirements. (a) Waste disposal and diversion reporting requirement (1) Covered projects. All construction and renovation projects subject to the requirements of the California Green Building Standards Code (CALGreen) shall be required to meet the minimum diversion requirements for all project -related C&D debris. All project contractors shall, upon project completion, provide to the executive director all project -related C&D debris collection, disposal and diversion information in the form prescribed by the executive director pursuant to section 4.408.1 and 5.408.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended. (2) Exemptions. All exemptions as provided in the California Green Building Standards Code shall be granted. (b) Compliance as a condition of approval. Compliance with the provisions of this section shall be listed as a condition of approval on all discretionary resolutions of approval for development projects and building or demolition permits. (c) Application fee. As part of any application for, and prior to the issuance of, any building or demolition permit that involves the creation of C&D debris, each applicant for covered projects shall pay to the city an application fee in the amount set forth in a resolution by the city council sufficient to cover the city's costs of reviewing an application and monitoring compliance with this section and/or the Waste Reduction and Recycling Plan (WRRP), or reviewing an application for exemption. (d) Security deposit. In addition to the application fee, each applicant shall deposit with the city a security deposit as security for performance. The security deposit is remitted at the same time the permit application is filed. The security deposit may be in the form of credit card, cashier's check, personal check, or money order. In addition, the executive director may accept a certificate of deposit or letter of credit in the form approved by the city attorney. (1) Single -Family Residential. All single-family residential projects covered by CALGreen shall submit a security deposit set forth in a resolution by the city council. (2) Multifamily/Commercial. All multifamily and commercial projects covered by CALGreen shall submit a security deposit set forth in a resolution by the city council. (e) WRRP forms. All applicants for any CALGreen covered project shall complete and submit a WRRP on a form prescribed by the executive director for this purpose, as part of the application packet for the construction, renovation, or demolition permit. (f) Compliance with the WRRP form (1) Documentation. Within thirty (30) days after the completion of any covered project, the applicant shall submit to the executive director documentation that it has met the diversion requirement for the project. Applicant shall provide a summary of efforts used to meet the diversion requirement and provide the following documentation: Ordinance No. NS-XXX City Council 13 — 26 4/572of42 (A) A recycling final report, on a form prescribed by the executive director. (B) Receipts from the vendor(s) and facility(ies) which collected and/or received material(s) showing the actual total weight(s) or volume(s) of each material diverted and landfilled. (C) Calculation of the total C&D tonnage hauled from the project. (2) Weighing of diverted materials and solid waste. Applicants shall make reasonable efforts to ensure that all C&D debris, diverted or landfilled, is measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighed. Regarding C&D debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose. (g) Determination of compliance and release of security deposit. The executive director shall review the information pertaining to diversion of C&D debris submitted pursuant to this section and shall determine whether the applicant has complied with the diversion requirement, as follows: (1) Full compliance. If the executive director determines that the applicant has fully complied with the diversion requirement applicable to the project, the executive director shall cause the entire security deposit to be refunded to the applicant without interest. (2) Good faith effort to comply. If the executive director determines that the diversion requirement has not been achieved, he or she shall determine on a case - by -case basis whether the applicant has made a good faith effort to comply with the diversion requirement. In making this determination, the executive director shall consider the availability of markets for the C&D debris landfilled, the size of the project, and the documented efforts of the applicant to divert C&D debris. The executive director may authorize a partial refund of a security deposit without interest when less than the minimum diversion requirement is met. The partial refund shall not exceed that portion of the security deposit that is in the same ratio as the demonstrated amount of diverted waste. (3) Noncompliance. If the executive director determines that the applicant has not made a good faith effort to comply with the diversion requirement, then the executive director shall notify the applicant in writing and all or a portion of the security deposit shall be forfeited to the city and shall not be refunded. Forfeited funds shall be used towards the city's recycling efforts pursuant to this section. (4) Other provisions for the refund of a security deposit (A) The executive director may authorize the refund without interest of any security deposit which was erroneously paid or collected. (B) The executive director may authorize the refund without interest of any security deposit when the permit application is withdrawn or cancelled before any work has begun. Ordinance No. NS-XXX City Council 13 — 27 4/572of42 (C) The executive director shall not authorize the refund of any security deposit, or any portion thereof, unless the applicant has filled out a WRRP, filed a recycling reporting form and has met all the provisions of CALGreen and this chapter. (h) Forfeiture and city use of security deposit (1) If the executive director determines that the applicant has not made a good faith effort to comply with this part, or if the applicant fails to submit the documentation required by this section prior to the expiration of the building or demolition permit, then the deposit is forfeited to the city. (2) Forfeited security deposits may be used by the city for solid waste and recycling related purposes, including but not limited to: (A) Plan, implement, or promote solid waste diversion programs. (B) Develop or improve the infrastructure needed to divert waste from landfilling. (C) Educate generators and handlers of solid waste in the city regarding solid waste recycling and disposal alternatives. (D) Review accuracy of the solid waste collection contractor's reports, Waste Reduction and Recycling Plans and other solid waste records. (i) Appeal. Upon payment of an appeal fee set forth in a resolution of the city council, the applicant may appeal to the city manager, a decision of the executive director to deny an exemption or withhold any portion of a security deposit. Notice of appeal of the decision of the executive director must be filed with the executive director within ten (10) calendar days of the date of the decision being appealed. The notice of appeal shall set forth in concise language the particular decision, or decisions, and the reason for the complaint. Failure to file a notice of appeal within the time prescribed herein shall constitute a waiver of any objection to the decision(s) of the executive director and such decision shall be final; otherwise, the decision of the city manager shall be final. Q) Administrative enforcement. In addition to the penalties provided for in this chapter and this code, if violations of the provisions of this part exist as to a covered project requiring completion of a Waste Reduction and Recycling Plan, the city may use various administrative measures to ensure compliance. Measures available include, but are not limited to: (1) Issuance of a building permit or a certificate of occupancy for that project may be withheld until all such violations have been corrected; (2) Issuance of a stop work notice, until all such violations have been corrected; and (3) Other measures recommended by the city attorney. (k) Civil Action. Violation of any provision of this section may be enforced by civil action including an action for injunctive relief. The city council hereby finds that violation of this section is a public nuisance. In any civil enforcement action, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this section. Ordinance No. NS-XXX City Council 13 — 28 4/572°f42 Sec. 16-36.5. - Waivers for generators. Commercial businesses and multifamily residential buildings with five (5) or more units may apply for waivers from the organic waste diversion requirements of this article where practical difficulties make it impossible or extremely difficult to carry out the strict letter of those requirements with respect to any particular premises. Under these circumstances, the executive director may issue waivers authorizing variations from the provisions of this article, subject to such terms and conditions as may deemed necessary to protect the public health and safety of the city. Special written permits include de minimis waivers and physical space waivers, as described below. (a) De minimis waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more to comply with some or all of the organic waste diversion requirements of this article if the commercial business or multifamily residential building provides documentation, or if the city has evidence demonstrating, that the business or multifamily residential building generates below a certain amount of organic waste material as described in this section. Commercial businesses or multifamily residential buildings requesting a de minimis waiver shall: (1) Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted below. (2) Provide documentation that either: (A) The commercial business' or multifamily residential building's total solid waste collection service is two cubic yards or more per week and organic waste subject to collection in a blue container or green container comprises less than 20 gallons per week per applicable container of the business' total waste; or (B) The commercial business' or multifamily residential building's total solid waste collection service is less than two cubic yards per week and organic waste subject to collection in a blue container or green container comprises less than 10 gallons per week per applicable container of the business' total waste. (3) Notify city if circumstances change such that commercial business's or multifamily residential building's organic waste exceeds the threshold required for waiver, in which case waiver will be rescinded. (4) Apply and provide written verification of eligibility for de minimis waiver every five (5) years, if city has approved application for a de minimis waiver. (b) Physical space waivers. The city may waive the obligation by a commercial business or a multifamily residential building with 5 units or more, to comply with some or all of the recyclable materials and/or organic waste collection service requirements if the city has evidence from its own staff, the hauler, or evidence provided by a licensed architect or licensed engineer and verified by the city or hauler, demonstrating that the Ordinance No. NS-XXX City Council 13 — 29 4/572°f42 premises lacks adequate space for the collection containers required for compliance with the organic waste collection requirements of this article. A commercial business or multifamily residential building's property owner may request a physical space waiver through the following process: (1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) Provide documentation that the premises lacks adequate space for blue containers and/or green containers including documentation from its hauler, licensed architect, or licensed engineer. (3) Apply and provide written verification to city that it is still eligible for physical space waiver every five (5) years, if city has approved application for a physical space waiver. Sec. 16-37. - Requirements for commercial edible food generators. (a) Tier one commercial edible food generators must comply with the requirements of this section commencing January 1, 2022, and tier two commercial edible food generators must comply with the requirements of this section commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. (c) Commercial edible food generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of edible food that would otherwise be disposed. (2) Contract with, or enter into a written agreement with food recovery organizations or food recovery services for: (A) the collection of edible food for food recovery or (B) acceptance of the edible food that the commercial edible food generator self -hauls to the food recovery organization for food recovery. (3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service. (4) Allow the city enforcement official or county agency enforcement official entity to access the premises and review records pursuant to 14 CCR Section 18991.4. Ordinance No. NS-XXX City Council 13 — 30 4/572 of42 (5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: (A) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). (B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (C) A record of the following information for each of those food recovery services or food recovery organizations: (i) The name, address and contact information of the food recovery service or food recovery organization. (ii) The types of food that will be collected by or self -hauled to the food recovery service or food recovery organization. (iii) The established frequency that food will be collected or self -hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self -hauled to a food recovery service or food recovery organization for food recovery. (6) Within 60 days of receipt of a written request from the city, commencing January 1, 2022, for tier one commercial edible food generators and commencing January 1, 2024 for tier two commercial edible food generators, provide an annual food recovery report to the city that includes the following information: (A) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). (B) The quantity of food, measured in annual pounds recovered, collected or self -hauled to a food recovery service or food recovery organization for food recovery. (C) The name, address and contact information of the food recovery service or food recovery organization. (d) Nothing in this article shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 (commencing with Section 49580) to Ordinance No. NS-XXX City Council 13 — 31 4/57of42 Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). Sec. 16-37.5. - Requirements for food recovery organizations and services. (a) Food recovery services collecting or receiving edible food directly from commercial edible food generators, by contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): (1) The name, address, and contact information for each commercial edible food generator from which the service collects edible food. (2) The quantity in pounds of edible food collected from each commercial edible food generator per month. (3) The quantity in pounds of edible food transported to each food recovery organization per month. (4) The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (b) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, by contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): (1) The name, address, and contact information for each commercial edible food generator from which the organization receives edible food. (2) The quantity in pounds of edible food received from each commercial edible food generator per month. (3) The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery. (c) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than March 31 st of each year. Ordinance No. NS-XXX City Council 13 — 32 4/5%212L°f42 (d) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city, special district that provides solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the city. Sec. 16-38. - Requirements for solid waste collection contractor and facility operators. (a) City's exclusive franchised hauler providing residential, commercial, or industrial organic waste collection services to generators within city's boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the city to collect organic waste: (1) Through written notice to the city annually, identify the facilities to which they will transport organic waste, including facilities for source separated recyclable materials, source separated green container organic waste, and mixed waste. (2) Transport source separated recyclable materials, source separated green container organic waste, and mixed waste to a facility, operation, activity, or property that recovers organic waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. (3) Obtain approval from the city to haul organic waste, unless it is transporting source separated organic waste to a community composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and section 16-36. (b) Owners of facilities, operations, and activities that recover organic waste, including, but not limited to, compost facilities, in -vessel digestion facilities, and publicly - owned treatment works shall, upon city request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the city shall respond within 60 days. (c) Community composting operators, upon city request, shall provide information to the city to support organic waste capacity planning, including, but not limited to, an estimate of the amount of organic waste anticipated to be handled at the community composting operation. Entities contacted by the city shall respond within 60 days. Ordinance No. NS-XXX City Council 13 — 33 4/572of42 Sec. 16-38.5. - Requirements for self -haulers. (a) Self -haulers shall source -separate all recyclable materials and source - separate green container organic waste or source -separate brown container organic waste (materials that the city otherwise requires generators to separate for collection in the city's three -container collection program) generated on -site from solid waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul organic waste to a high diversion organic waste processing facility as specified in 14 CCR Section 18984.3. (b) Self -haulers shall haul their source separated recyclable materials to a facility that recovers those materials, and haul their source -separate green container organic waste or source -separate brown container organic waste to a solid waste facility, operation, activity, or property that processes or recovers source separated green container organic waste. Alternatively, self -haulers may haul organic waste to a high diversion organic waste processing facility. (c) Self -haulers that are commercial businesses and multifamily residential premises with five (5) or more dwelling units, shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste. This record shall be subject to inspection by the city. The records shall include the following information: (1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on -site or employs scales incapable of weighing the self-hauler's vehicle in a manner that allows it to determine the weight of materials received, the self -hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste. (d) Self -haulers that are commercial businesses and multifamily residential premises with five (5) or more dwelling units shall provide information collected in section 16-38.5(c) to city, if requested. (e) A residential organic waste generator with less than 5 dwelling units that self -hauls organic waste is not required to record or report the information in sections 16- 38.5(c) and (d). Ordinance No. NS-XXX City Council 13 — 34 4/572 of42 Sec. 16-39. - Yard waste diversion required in landscaping contracts. (a) A commercial business and/or multifamily residential premise with 5 units or more contracting for gardening or landscaping services shall require written contracts which contain the following provisions: (1) All yard waste generated at the premises by the landscaping or gardening service shall be diverted from disposal by one or more of the methods in section 16-38.5. (2) A requirement that the landscaper, gardener or any third party(ies) certify that the requirements set forth in subsection (a) of this section are being met. (3) A requirement that the landscaper, gardener or any third party(ies), upon request by the city, certify that it is compliant with this section by completing and submitting a city -provided reporting form. (4) A requirement that the landscaper, gardener or any third party(ies) provide copies of weight tickets from the permitted processing facility(ies) where the yard waste from premises within city were delivered by the landscaper or gardener. (b) Within 60 days of a written request from the city, commercial businesses that contract with a landscaping or gardening service shall complete and submit a compliance reporting form as provided by the city with the following items attached: (1) Copies of the commercial businesses contract(s) with the landscaping or gardening service(s) that comply with this section. (2) Copies of landscaper, gardener, or any other third party(ies) certification(s) that certify that the requirements set forth in subsection (a) were met during the preceding twelve (12) months. Sec. 16-39.5. - Inspections and investigations. (a) The city enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, to confirm compliance with this article by organic waste generators, commercial businesses, property owners, commercial edible food generators, solid waste collection contractors, self -haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow city to enter the interior of a private residential property for inspection. (b) Commercial, multifamily, residential generators, including active building sites generating construction and demolition solid waste and landscape projects, that are subject to the requirements of this article shall provide or arrange for access during all inspections and shall cooperate with the city enforcement official during such inspections Ordinance No. NS-XXX City Council 13 — 35 4/572°f42 and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this article described herein. Failure to provide or arrange for: (1) access to an entity's premises; or (2) access to records for any inspection or investigation is a violation of this article and may result in penalties described. (c) Any records obtained by city during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City enforcement official is authorized to conduct any inspections, remote monitoring, and/or other investigations as reasonably necessary to further the goals of this article, subject to applicable laws. (e) City enforcement official shall receive written complaints from persons regarding an entity that may be potentially non -compliant with SIB 1383 regulations, including receipt of anonymous complaints. Sec. 16-40. - Enforcement. (a) Violations of SB 1383 requirements (1) Violation of the SIB 1383 requirements of this article shall constitute grounds for issuance of a notice of violation and assessment of a fine by city enforcement official or representative. Except as otherwise provided, enforcement actions under this article are issuance of an administrative citation, designated as an infraction, and assessment of a fine. The city's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued under this section. (2) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. (3) Process for enforcement (A) City enforcement official will monitor compliance with this article, including the organics waste diversion requirements thereof, randomly and through compliance reviews, route reviews, investigation of complaints, and an inspection program that may include remote monitoring. (B) City may issue an official notification to notify regulated entities of its obligations under this article. (C) For incidences of prohibited container contaminants found in containers, city will issue a notice of violation to any generator found to have prohibited container contaminants in a container. Such notice will be provided by cart tag or other communication immediately upon identification of the prohibited container contaminants or within one (1) day after determining that a violation has occurred. If the city observes prohibited container contaminants in a generator's containers on more than three (3) consecutive occasion(s), the city may assess contamination processing fees or contamination penalties on the generator. Ordinance No. NS-XXX City Council 13 — 36 4/572 of42 (D) With the exception of violations of generator contamination of container contents addressed in this section, city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice. (E) Absent compliance by the respondent within the deadline set forth in the notice of violation, city shall commence an action to impose penalties, by administrative citation and fine, pursuant to the Santa Ana Municipal Code. (4) In accordance with City's administrative fine schedule, the penalty levels are as follows: (A) For a first violation, the amount of the penalty shall be $100. (B) For a second violation of the same provision within one year from the date of the first violation, the amount of the penalty shall be $200. (C) For each additional violation of the same provision within one year of the first violation, the amount of the penalty shall be $500. (5) The city may extend the compliance deadlines set forth in a notice of violation issued in accordance with this section if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (A) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (B) Delays in obtaining discretionary permits or other government agency approvals; or, (C) Deficiencies in organic waste recycling infrastructure or edible food recovery capacity, and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (b) Other violations (1) The following violations shall be subject to issuance of an administrative citation, designated as an infraction, and assessment of a fine in the amounts and schedule fixed in subsection (a). The city's procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued under this section. (A) No person shall allow containers to remain along, at, or near any public street, sidewalk, parkway (excluding alleys), or in any area visible from a public street or in public view, except: (i) Between the hours of 4:00 p.m. of the day preceding the person's weekly collection day and midnight of such collection day; or (ii) During any period in which regular collection service is interrupted or delayed. (B) All containers obtained from the city's solid waste collection contractor, and all enclosures and surrounding areas, shall be maintained in a reasonably Ordinance No. NS-XXX City Council 13 — 37 4/572 of42 sanitary condition, free from obnoxious odors and from attachments of solid waste likely to create breeding grounds for insects or vermin, beyond that incidental to solid waste deposited since the previous collection; provided that persons receiving bin service may order bin cleaning services, subject to a fee, from the city's solid waste collection contractor in lieu of cleaning such bins themselves. (C) No person receiving curbside service shall use any container for solid waste collection purposes other than the containers which are provided either by the city or the city's solid waste collection contractor. (D) No person shall use the containers of another person for disposal of discarded materials without the consent of such other person. (E) No person shall remove discarded materials from containers or from the place where they have been put for collection by the city's solid waste collection contractor, except (1) those persons entitled to the use of such container or place for the disposal of their solid waste, and (2) the city's solid waste collection contractor. (F) No person shall damage or alter the appearance of containers. (G) No person shall remove and/or relocate any container from the curbside service unit to which it was furnished or supplied by the city's solid waste collection contractor. Sec. 16-40.5. - Change in contractor or control; general application and definitions. (a) Sections 16-40.5 through 16-41.5 shall apply to any corporation, company, partnership, trust, estate, association, joint venture or other legal or commercial entity operating within the city that employs workers to perform waste disposal services. (b) "Change in contract" shall mean any change by the city of any waste services provider with whom the city contracts to provide waste disposal services. (c) "Change in control" shall mean any sale, assignment, transfer, contribution or other disposition of all or substantially all of the assets or a controlling interest (including by consolidation, merger, or reorganization) of the incumbent operator, or any person who controls such incumbent operator, in a waste services provider, to a new operator. (d) "City" shall mean the city of Santa Ana. (e) "Incumbent operator" shall mean the person who owns, controls, and/or operates a waste services provider prior to a change in control or change in contract. (f) "New operator" shall mean the person who owns, controls and/or operates a waste services provider following a change in control or change in contract. Ordinance No. NS-XXX City Council 13 — 38 4/572 °f42 (g) "Person" shall mean an individual, corporation, partnership, limited partnership, trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. (h) "Qualified displaced worker" shall mean any person employed by an incumbent operator or any subcontractor of the incumbent operator of a waste services provider who: (1) Is not an "exempt" employee under the Fair Labor Standards Act (FLSA), and (2) Has been employed at the establishment by the incumbent operator or any subcontractor of the incumbent operator for at least thirty (30) calendar days prior to the execution of the transfer document. (i) "Transfer document" shall mean the document effecting a change in control or change in contract. Q) "Waste disposal services" shall mean the collection, transfer, transport, recycling, processing and/or disposal of residential, and commercial, industrial solid waste and solid waste generated at temporary construction and demolition sites under contract to the city through a franchise or other exclusive or non-exclusive agreement. (k) "Waste services provider" shall mean any entity identified in section 16.41.5 of this article and any subcontractor of such an entity providing waste disposal services. Sec. 16-41. - Employee retention/preferential hiring/wage maintenance. (a) Within ten (10) days of the execution of a transfer document, an incumbent operator shall provide to the new operator and the executive director of public works a list of all of the employees of the incumbent operator of a waste services provider, including each employee's name, last known address, date of hire and job classification at the time of the transfer. The new operator shall offer employment at an establishment to all qualified displaced workers. (b) All new operator work hours performed by a waste services provider must be performed, to the extent feasible, by qualified displaced workers. Nothing herein shall be construed as requiring the new operator to create additional positions that the new operator does not need. However, prior to reducing the amount of work hours or positions utilized to perform waste disposal services at an establishment, a new operator must obtain written approval from the executive director of public works. (c) A new operator shall not discharge any qualified displaced worker, except for cause, for at least one hundred eighty (180) days from the effective date of a transfer document, or the date on which the new operator actually begins operating the waste services provider, whichever is later. Ordinance No. NS-XXX City Council 13 — 39 4/572 °f42 (d) At the end of such 180-day period, the new operator (or subcontractor, where applicable) shall perform a written performance evaluation for each employee retained pursuant to the ordinance from which this section derives. If the employee's performance during such 180-day period is satisfactory, the new operator (or subcontractor) shall offer the employee continued employment. (e) In the event that, during the 180-day transition period described in above, the new operator determines that fewer positions are needed to deliver and maintain the contracted service, the new operator shall retain qualified displaced workers by seniority. Seniority shall be determined by reference to the collective bargaining agreement covering the qualified displaced workers, if one exists, or, if no such agreement exists, then by reference to the initial hire date with the incumbent operator of each qualified displaced worker. Any qualified displaced workers not retained by the new operator shall be placed on a preferential hiring list and considered by the new operator for any job openings that may arise. (f) Each new operator must provide all employees of a waste services provider with wages in an amount and benefits at a value of not less than the greater of those (a) in effect at the point of execution of the transfer document or (b) in any collective bargaining agreement, whether effective or expired, between an incumbent operator and such employees. For purposes of this article, "wages and benefits" includes all wages or compensation referenced in the existing collective bargaining agreement including provisions addressing how overtime shall be calculated, employer and employee contributions for medical insurance and retirement benefits, any tool, shoe or uniform allowance, sick leave, vacation time and personal or family leave. Sec. 16-41.5. - Retaliation and discrimination barred; no waiver of rights; enforcement. (a) No incumbent operator or new operator shall discharge or otherwise discriminate against anyone for making a complaint, participating in any city proceeding, or using any civil remedy to enforce his or her rights, or for otherwise asserting his or her rights under the ordinance from which this section derives. (b) Any waiver by a qualified displaced worker of any or all of the provisions of the ordinance from which this section derives shall be deemed contrary to public policy and shall be void and unenforceable, except where such waiver occurs in a bona fide collective bargaining agreement. Any attempt by an incumbent operator or new operator to have a waste or recycling worker waive rights given by the ordinance from which this section derives shall constitute a willful violation of the ordinance. (c) In addition to any rights and remedies which an employee might have, under any federal or state statute or regulation or municipal ordinance or regulation or at common law, any employee claiming a violation of the ordinance from which this section derives may bring an action against an incumbent operator or new operator in the Ordinance No. NS-XXX City Council 13 — 40 4/572"of42 Superior Court of the State of California, to enforce the provisions of this ordinance, and may seek liquidated damages, back pay, any other actual damages, reinstatement, injunctive relief, punitive damages, and any other legal or equitable relief, as permitted by law. Violations of the ordinance from which this section derives are declared to irreparably harm the public and covered employees generally. (d) The terms of the ordinance from which this section derives shall be included, by reference, in all future waste disposal services contracts entered into by the city, and all future waste services providers shall include the terms of the ordinance, by reference, in all contracts or subcontracts which the waste services provider may enter into involving waste disposal services. Secs. 16-42-16-45. - Reserved. Section 4. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15308 of the State CEQA Guidelines because it can be seen with certainty that the enhanced solid waste regulations, as provided for in this Ordinance, will not have a significant effect on the environment and that the new requirements, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. Vicente Sarmiento Mayor Ordinance No. NS-XXX City Council 13 — 41 41572 of42 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:; John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX City Council 13 — 42 4/5V2t Lof42 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Stormwater Channel Fencing Upgrades Phase II Project AGENDA TITLE Approve an Appropriation Adjustment and Award a Construction Contract to Lightning Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project with an Estimated Construction Delivery Cost of $849,348 and a total Project Delivery Cost of $950,000 (Project No. 22-1390) (Non - General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of $200,000 and approve an appropriation adjustment, moving funding from Reserve for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II Project. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $950,000 of funding in American Rescue Plan Funds for the Stormwater Channel Fencing Upgrades Phase II Project. 3. Award a construction contract to Lightning Fence Company, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $669,348, for construction of the Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated project delivery cost of $950,000, which includes $669,348 for the construction contract, $55,000 for contract administration, inspection and testing, $125,000 project contingency for unanticipated or unforeseen work, and $100,652 for Design Engineering. DISCUSSION The Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project involves the installation of new secure fencing along City -owned stormwater channels. The two channels receiving new fencing as part of this project are the Fairview Channel (Edinger City Council 14 — 1 4/5/2022 Stormwater Channel Fencing Upgrades Phase II Project April 5, 2022 Page 2 Avenue to McFadden Avenue) and the C-5-F Channel (Harbor Boulevard to Corta Drive) (Exhibit 1). The existing chain link fencing along City -owned stormwater channels is dilapidated and subject to trespassing. The installation of the new secure fencing will reduce water pollution, enhance public safety, and improve the aesthetics of stormwater channels. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 7 and January 14, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 1, 2022. The City notified a total of 1,436 regional vendors via PlanetBids, 83 of which are Santa Ana based. Forty-six vendors requested bidding documents. A total of 10 bids were received. However, no bids were received from Santa Ana contractors. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Lightning Fence Company, Inc. Escondido $669,348.00 2 Quality Fence Co Inc. Paramount $699,273.00 3 J & A Engineering Corp. Azusa $794,508.00 4 AZ Construction Inc. Dba ACE Fence Company La Puente $831,958.00 5 Izurieta Fence Company, Inc. Los Angeles $923,372.08 6 Diamond Construction and Design. La Habra $950,742.00 7 C.S. Legacy Construction, Inc. Chino $975,476.67 8 Bellakai Construction Carlsbad $1,053,258.00 9 Sierra Pacific Fence, Inc. Vista $1,090,145.31 10 Econo Fence, Inc. Riverside $1,241,629.00 A total of ten bids were received, all of which were deemed responsive. Lightning Fence Company, Inc. submitted the lowest responsive base bid in the amount of $669,348 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. In the past five years, Lightning Fence Company, Inc. has performed sidewalk and fence installation work for the City's Parks, Recreation, and Community Services Agency. Based on the bid analysis and a contractor's reference check, staff recommends City Council 14 — 2 4/5/2022 Stormwater Channel Fencing Upgrades Phase II Project April 5, 2022 Page 3 awarding the construction contract to Lightning Fence Company, Inc. in the amount of the base bid totaling $669,348 (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes design engineering, construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following: construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total delivery cost of the project is $950,000. The project contingency is higher than normal to address anticipated issues with fencing and trespassing at locations outside the original scope of work. Project Item Total Construction Contract $669,348 Construction Administration, Inspection, Testing $55,000 Contingencies $125,000 Design Engineering $100,652 TOTAL CONSTRUCTION DELIVERY COST $950,000 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-125 was filed for the project. FISCAL IMPACT On July 20, 2021, the City Council approved the Revive Santa Ana Spending Plan and appropriated $750,000 of American Rescue Plan Act (ARPA) funding for Design and Construction of this project. With the approval of the amendment to the Fiscal Year 2021- 22 Capital Improvement Program will officially incorporate this project into the program. With approval of the $200,000 Appropriation Adjustment, to move the funding from Reserve for Revenue Loss Allocation account (No. 18110013-69011) to the Stormwater Channel Fencing Upgrades Phase II Project account (No. 18117013-66220), the new total project budget will be $950,000 (Exhibit 5). As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $849,348, which includes construction, contract administration, inspection, testing, and an authorized contingency. The remaining $100,652 was allocated for project Design Engineering. The following table summarizes the funds budgeted and available for expenditure to deliver this project. City Council 14 — 3 4/5/2022 Stormwater Channel Fencing Upgrades Phase II Project April 5, 2022 Page 4 Fiscal Accounting Unit - Fund Accounting Unit -Account Year Account No. Description No. Description Amount Project No.) APPROPRIATION ADJUSTMENT 18117013-66220 American ARPA-PWA, 2021-22 (22-1390) Rescue Plan Improvements Other Than $200,000 Act Building EXISTING PROJECT BUDGET 18117013-66220 American ARPA-PWA, 2021-22 (22-1390) Rescue Plan Improvements Other Than $750,000 Act Building Total $950,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2021-22 CIP Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 14 — 4 4/5/2022 EXHIBIT 1 Legend � -Project Locations SANTA ANA i Project No. 22-1390: uajStormwater Fencing Upgrades Phase II PUBLIC WORKS AGENCY CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1390 STORMWATER CHANNEL FENCING UPGRADES PHASE II BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: L10-1*M-A:LWr.-,- �_ `.0 I t� L REQUIREMENT: ADDENDUM NO. 2 PROJECT NO. 22-1390 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 I Remove and Dispose existing chain link 3,960 LF $ $ fence, posts and foundations, complete. `1 - qo 2 Furnish and Install, complete, 8-Foot High 3,960 LF $ $ Securifor 4D fence and concrete foundation per plan. 13r? 512 j 2-0 3 Furnish and Install Complete 8-Foot High by to EA $ $ 6-Foot Wide Securifor 4D single swing gate per plan. _ $ QO0 $u 000 4 Furnish and Install sign on fence (CSA). 13 EA $ $ �D ^ 900 r 5 Traffic Signs. 24 EA $ 2�0 - $ r 6,600 6 Pedestrian Barricade. 2 EA _ _ 7 Vandalism - Maintenance Period (90 1 LS $15,000 $ Calendar Days). t500�� 8 Mobilization 1 LS $ $ 9 Construction Permit I LS $9,288 $9,288 10 Project Sign 1 LS $ ow City Council 14 - 6 4/5/2022 P-1 of P-17 ADDENDUM NO. 2 CITY OF SANTA ANA PROJECT NO.22-1390 PROPOSAL PROJECT NO.: 22-1390 STORMWATER CHANNEL FENCING UPGRADES PHASE II TOTAL BASE BID $ l o 3 cl 8 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This' bid item shall not be 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. 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 170 working days fter the commencement date stated in the Notice to Proceed. The first 80 working days of which is for construction, and the last 90 working days for the vandalism -maintenance period. The contractor shall order any material specified in the contract document requiring a long lead-time immediately after the Notice to Proceed. The lead-time for the items is including in the total working days. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name of Firm Signature of B11 Title ;�stjol .Jt' (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 14 — 7 4/5/2022 P-2 of P-17 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1390 STORMWATER CHANNEL FENCING UPGRADES PHASE II This CONSTRUCTION CONTRACT is made and entered into this P day of April, 2022 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 Lightning Fence Company, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Stormwater Channel Fencing Upgrades Phase II (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 Six Hundred Sixty Nine Thousand Three Hundred Forty -Eight Dollars and No Cents ($669,348.00), 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. City Council 14 — 8 4/5/2022 rev. 09l01/2017 Page 1 of 3 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 14 — 9 4/5/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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: 497�' �V. 1�� JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Lightning Fence Compa Inc. TITLE: City Council 14 — 10 4/5/2022 Page 3 of 3 ADDENDUM NO. 2 CITY OF SANTA ANA PROJECT NO. 22-1390 PROPOSAL PROJECT NO.: 22-1390 Exhibit A STORMWATER CHANNEL FENCING UPGRADES PHASE 11 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SA TA ANA REQUMMENT: 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 I Remove and Dispose existing chain link 3,960 LF $ $ fence, posts and foundations, complete. C� 2 Furnish and Install, complete, 8-Foot High 3,960 LF $ $ Securifor 4D fence and concrete foundation per plan. 159 .-- 9i2 4,;26 3 Furnish and Install Complete 8-Foot High by to EA $ $ 6-Foot Wide Securifor 4D single swing gate per plan. 5,tc0c) -- 9D1000- 4 Furnish and Install sip on fence (CSA), 13 EA $ $ 1 1 300- 31.900- 5 Traffic Signs. 24 EA $ 6 Pedestrian Barricade. 2 EA iuv 7 Vandalism - Mainte-nance.Period (90 1 LS $15,000 V Calendar Days). 8 Mobilization I LS s 'I > o0o �000 9 Construction Permit I LS $9,288 $9,288 10 Project Sign 1 I,$ 10D I, 00c) City Council P-1 of P-17 14-11 4/5/2022 CITY OF SANTA ANA ADDENDUM NO. 2 PROJECT NO. 22-1390 PROPOSAL PROJECT NO.: 22-1390 STORMWATER CHANNEL FENCING UPGRADES PHASE 11 TOTAL BASE BID J$ b tP "i 3LI 8 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This- bid item shall not be 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 170 working days after the commencement date stated in the Notice to Proceed. The first 80 working days of which is for construction, and the last 90 working days for the vandalism -maintenance period. The contractor shall order any material specified in the contract document requiring a long lead-time immediately after the Notice to Proceed. The lead-time for the items is including in the total worldng days. The liquidated ddynages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name Signat Title (If an i all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-2 of P-1714 — 12 4/5/2022 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1390: Stormwater Fencing Upgrades Phase II Construction Contract $ 669,348.00 Contract Administration, Inspection and Testing $ 55,000.00 Contingencies $ 125,000.00 Design Engineering $ 100,652.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 950,000.00 City Council 14 — 13 4/5/2022 PROJECT TITLE: Stormwater Channel Fencing Upgrades Ph // PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Storm Drain/Water Quality LOCATION MAP A N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Installation of new secure fencing along City -owned stormwater channels. PROJECT NEED: Existing chain link fencing is dilapidated and subject to trespassing. The installation of the new secure fencing will reduce water pollution, enhance public safety, and improve the aesthetics of stormwater channels. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 850,000 - - - - - - Engineering 100,000 TOTAL 950,000 - - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 950,000 - - - - - - TOTAL 950,000 - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works C/P Engineering Craig Foster, NPDES Manager 15-Mar-2022 City Council 14 — 14 4/5/2022 Public Works Agency Parks, Recreation & Community Services www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Cabrillo Park Irrigation Renovation Project AGENDA TITLE Approve Appropriation Adjustment and Award a Construction Contract to Marina Landscape Inc. in the Amount of $469,000 for the Cabrillo Park Irrigation Renovation Project with an Estimated Project Delivery Cost of $587,000 (Project No. 21-2727) (Non - General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing revenue received in Fiscal Year 21- 22 in the amount of $319,143 in the Residential Development District 2, District Park Acquisition & Development Fees revenue account and appropriating the same amount into the Residential Development District 2, Improvements Other Than Building expenditure account for FY 2021-22 capital operating expenses. (Requires five affirmative votes) 2. Award a construction contract to Marina Landscape Inc, the lowest responsible bidder, in accordance with the base bid in the amount of $469,000, for construction of the Cabrillo Park Irrigation Renovation, for the term beginning April 5, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,000 which includes $469,000 for the construction contract, $71,000 for contract administration, inspection and testing, and a $47,000 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $319,143 in construction funds for the Cabrillo Park Irrigation Renovation Project. DISCUSSION The Cabrillo Park Irrigation Renovation Project involves replacing the outdated irrigation system at Cabrillo Park (Exhibit 1). The main irrigation line at Cabrillo Park was installed City Council 15 — 1 4/5/2022 Cabrillo Park Irrigation Renovation Project April 5, 2022 Page 2 with transit piping. The transit pipe is difficult to repair when the main line breaks. In addition, the old system was not designed for zone coverage and the irrigation heads are spaced too far apart to provide adequate water coverage for the sports and passive turf areas. The new irrigation system is designed with zone coverage to adequately control watering in the ballfield and the passive areas. The entire system is designed with PVC piping and state-of-the-art controllers (Exhibit 2). The installation of this system will improve watering and maintenance of Cabrillo Park. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 13 and January 20, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 1, 2022. The City notified a total of 796 regional vendors via PlanetBids, 54 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of 5 bids were received. However, no bids were received from Santa Ana contractors. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Marina Landscape, Inc. Orange $469,000 2 Griffith Company Brea $474,950 3 Urban Habitat La Quinta $502,050 4 Diamond Construction & Design La Habra $574,060 5 Elegant Construction, Inc. Irvine $596,250 A total of five bids were received, and all were deemed responsive. Marina Landscape Inc. submitted the lowest responsive base bid in the amount of $469,000.00 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Marina Landscape Inc., in the amount of the base bid totaling $587,000.00 (Exhibit 4). Marina Landscape Inc. has not performed work in the City of Santa Ana in the last five years. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following: construction management; implementation of the City's Community Workforce Agreement City Council 15 — 2 4/5/2022 Cabrillo Park Irrigation Renovation Project April 5, 2022 Page 3 requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $587,000. Project Item Total Construction Contract $469,000.00 Construction Administration, Inspection, Testing $71,000.00 Contingencies $47,000.00 TOTAL CONSTRUCTION DELIVERY COST $587,000.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-10 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $587,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Upon approval of the appropriation adjustment, $319,143 will be recognized from the FY 2021-22 District Park Acquisition & Development Fees revenue account (31213002-53300) and appropriate the same amount into the Residential Development District 2, Acquisition & Development, Improvements Other Than Building expenditure account (No. 31213260-66220) for FY 2021-22 capital operating expenses. Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 6) will officially incorporate these funds in the amount of $319,143 to the program. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Accounting Unit - Year Account No. Fund Description Account No. Amount Description Project Available Funds Residential Acquisition & 2021-22 31213260-66220 Development Development- $267,857 (21-2727) District 2 2) Improvements Other Than Building Appropriation Adjustment 2021-22 31213260-66220 Acquisition & Development Acquisition & $319,143 (21 2727) Fund District 2 Development- City Council 15 — 3 4/5/2022 Cabrillo Park Irrigation Renovation Project April 5, 2022 Page 4 Improvements Other Than Building Total $587,000 EXHIBIT(S) 1. Location Map 2. Construction Plans 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. FY 2021-22 Capital Improvement Program Sheet Submitted By: Nabil Saba, Executive Dir Public Works and Lisa Rudloff, Executive Dir Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 15 — 4 4/5/2022 EXHIBIT 1 SANTA ANA i Project No. 21-2727: uajCabrillo Park Irrigation Renovation PUBLIC WORKS AGENCY CUT OF SA�NTA All - A—i� City pUQ�oC �oRK2 aa��CW 'llll► PROJECT N0.21-2727: CABRILLO PARK IRRIGATION RENOVATION +;� S. Kil FRUIT ST QI � all EIIl�N�I. .II.CE pp,1wr ME ■� III I VICINITY MAP Q (NOi TO SCAIt) SHEET INDEX I not SHEFf .. 2 PPEIOYAtInCMCLnIVN PIA1H PAm s AtumuimAounox nut RAPT M MNGAPON PLAN LW7 S M QA70 PLAN IACQ a MBGnaN uDiwa. NOTES. ! V'AES w MaBA,NM BE,AES NEVI 8 RUCATpH ANB INNAIAVG CEEALS EVE 9 IAImN1PE nA! LAm 10 LAI69 KM Vm tH EAECTWAt HEAD SHEET [Mm 12 PARTAE SEE EIFCIPoCAL f1lx EW Underground Service: Alert k 71YRDAYS BEFORE YDJ YOJ DIG cAli,Nw.� Imv. BE,.,E NOTICE TO OOMCTOR rs VAGO M2111ru�e[SSYMmE Mi�RACrtrsB 01 �111 roi1Mr9 p6 Altar IIEP�I 1l11aYR. CAIt all AT 1ElSr T10 WMMIB PA.4 MM M rnNlENavP iOUVAnMt APPROVALS; GENERAL NOTES ---TT 'Saber ��oi�' T s. M "E M AOEGHO M MM M'STNACAItlE SPEfl'1G110115 ETR PLMJC wVMS f �m1ct10M t..4"'NNTRN A1tl PRCMIEVAiO BY THE IV12 FCTM a SOIIIIIEriY fJMFOnIIA CIAPIFA CF IEE As.w.A I 8AOB1,b�iLAjfC1jJ,H MhE ORC7GR UK LOCC. .VINr OCOPEPATK CAMIIFE IIEMIH REEQdNp N AS 11E STNHBAIm SPEf31DA1NP5 10 T, d1Y Or SNIfA IJIA 51kM PLAnS ! SE[nMJ.MNS (UNIt4 4ECNC4IY NM OTENM$E DR w THE SPECAL PRCNSME FMt 7M5 OTIIE R91C W7US A�NC'![A 2 THE EV6if — COCA. H — UHpA * UTAl1Y CR SIRVCnNE SgMI CN nHEff PAA1H4 AftE ®TAPlp NY A SEARCH pP ANAAALE RECORDS NV CLRTRCAM M MACE AS ID ACE M M VA THCRCUCNffi u TxEq R V 1 4yd I-�-ZZ APPROVAL OF M .B. � NE IY HOT THIS R�HE THE � OF THE CCNMACTgi f0 YE4PY 1NE LDCAMM IF ML EMSIaG VIAJILS RY PmNw OR OTHER NEANB). max LOCATION MAPQ � E" °M"E,R IM,E THE C]1TRAC1o1 snAl4 — UNDERMIMM 1PTEILE ALERT al I) ANY EACAVATCN. N (NOT T SCALE) `f] • �� 011V9f2V2z s W Myl THE YIHh EYADT lAY{V75 OF ALL W&SCAPE wwm VAT N� f0 S IIQHPm m 991E En1n ACLTWTi WAY BE CMN CaGNMCHTE NFA[ E RAMS FRCP OF T E B� YrUN— PRCN M U ne 47 nE EOESS 10 AAPI8Ni7Y T TI[ IVW OFH M.MN AS PARP IF THE ®. 1NE .11/1 IARON Ftll INY YOgN�hTONS NECESBMY 1820 EAST FRUIT STREET � M PNK.¢rEEfACAMM Ilp�COW NITY EERNLFS A[EIICY PALE PR611ED IapEA TE SLPWAStlI K: City Council Ut 1AINA, UAMM 4/5/2022.5LLA NO, MRHAE)a'IEEiBETIER. WNIIOR LANDSCAPE AACNITECT DAM PS-06826 I Ny 1 _L Q I FRUIT ST MATCHLINE -SEE SHEET RA-02 MATCHLINE - SEE SHEET RA-02 REVISIONS `NRDscAA A9C DEMOLITION KEYNOTES: IH AS ALATERALS, AN11 UREp�ALSVESNANDOVALYL BoxES. — 'TOAS WELL AS SHRUBS AID (ROUNCAOVER, MULCH AID DEBRIS. T➢E'NPUCE ALL EMSTNG TREES lI PLACE SEE IRRICATON AID uICSCAPLAN FAR MOR[ INFORMATCN. • AHED AIEBL0 S�DISTI1. THEIR 1 Ett. WIRER ASSEUDLY IIALUOING RISERS • AND I.N xEMOVEAAID DN OSEE .1111NO AS NEEDED THAT I I CON�FUCT PLANE ARE BASED ON A—ARI '_QU _ ROD • EISTOEIMM. ON LATERALS AND ALL I-CIATEC PLANS RENEWRBASED ONSYSTEM AVAILABLE R-BULLTSTAT THE TME ME DRAIIGS WERET PREPARED AID RRPORS E FOR BIDDING PURPOSES A— ACTUAL LOCATILL BE U—INEU • ASSOGATED READ' 'MATERIALS w THEIRREN'_ EXISTNG LOCATIOAll IA"NS SHOWx AID MEAL PLARS ARE BASED ON —ABLE AS -EA- AT THE TIME THE LDOCAYONNI WILL BE OETERINED IN DEO OR xG PURPOSES U1LY. ACNAL • • PREPARED AID ARE FOR FOODS PURPOSES ONLY. AOTUFF LOGITOIS ILL BE DETERM'ED I THE RELY HAD PEPLACE EISTIGE TRAISITE TIS ASPHALT IINUHARRIS IE.R TOR ADD RETO GURI uWG LOT, MATCHING LINE FOR LIRE, P-DE RE-FLIIPINOY MORE NEEDED ING UIE FOR LIKE11T All 11 WATER ENDS FEEIIII III "'I" A". • FOR NORE NFOR A.B.. • REMONE AND DI— EIS➢NG DENCH IN ms APPROXIMATE LOCATORREM. IND AFTER REP iRRGATCNINI E'D xNAID PIACE PATTC AND REPAR�NFTEELD III MATORING UKE FOR UKE, — "—�DEWA TING LAWN AID ME-ESTSEUSH EDDE OF SOD MATCHING DID FGR URE. Tm. TCH nxo retynlln w/ New AREAS,v'AumN LGAN D DER auEa(s)� REFLN ..'ON "1 1. W -A DA TAILED IN THESE AR — TREE PROTECTION NOTES: I.ALL BISTRO TREES ITHIN THE PARK ARE TO BE PROIECTEU-IN-PLACE, TY➢ICAL. 2.ALL HEAVY EQUIPMENT SHALL ONLY OPERATE OUTSIDE OF THE DRIPLINE(S) AND AVOID CONTACT WITH ANY PART OF THE EASING TREES THROUGHOUT THE PARK. 3.N0 STOCKPIl1NG OR SOIL COMPACTNG SHALL BE ALLOWED WITHIN THE DRIPLINES(S) OF EKISTNG TREES THROUGHOUT THE PARK. 4. ANY EXIISTNG TREE DAMAGED BY THE INSTALLATON OF THIS WORK SHALL BE REPLACED BY THE CONTRACTOR AT NO COST TO THE CITY WITH COMPARABLE 48' BOX SPECIMEN. $.ALL DRENCHING AND/OR DIGGING 'WITHIN THE DRIPUNE(S) OF RISING TREES THROUGHOUT THE PARK SHALL BE DONE WTH HAND TOOLS, PATCH AND REPAIR NOTES: I. ALL EXISTING LAYM AREAS WTHIN THE PARK ARE TO BE PROTECTED -IN -PLACE. TYPICAL. 2. WHERE TRENCHING FOR IRRIGATON OCCURS, CONTRACTOR SHALL BE REQUIRED TO PATCH AND REPAIR LAWN. PROVDE AND INSTALL GRASS SEED IN ALL PAS1E PLAY IAWN AREAS OUTSIDE THE BASEBALL DIAMOND, PROVIDE AND INSTALL SOD IN ALL AREAS WITHIN THE BASEBALL DIAMOND'S FIELD OF PLAY. 3. ANY EXISTING LAWN AREAS DAMAGED BY THE INSTALLATION Of THIS WORK SHALL BE PATCHED AND REPAIRED BY THE CONTRACTOR AT NO COST TO THE CITY PER THE REQUIREMENTS OUTLINED ABOVE. N SCALE:1" = 20'-0" W E "V o 10 20 Wo . LITTLE aLMERGIFLE.T.TEDIDRAL DONBNL,ING UndergroundServiAle mu.n lDeliWmcece -., TWO WORKING DAYS BEFORE YOU DIG below. IINCallxmnya,�BRIMINI NOTICE TO CONTRACTOR PUF9/ANT TO ASSEMSLY BILL AYIB ND JERM IIQN PERMIT IS V" UMES'S THE CONTRACTOP COYTACR AND OBTAINS A DIG AIFRT DOOEr NUM&F. CALL BN AT (FAST TBV NVI`WW`V DAMS FAI TO COWHNpNG fXF/VA1 .. REM V ��991 PLAN — CABRILLO P I IN N RENOVATION CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. CITY OF SANTA ANA SHEET 2 OF MATCHLINE - MATCHLINE - SEE SHEET RA-01 I REVISIONS R VICE NWDscAA dT -"'- A 9P5 MIOIAFL IFDSEf1ER 0. m )ALE DESCRIPTION APPROVED INSTALED ffDCHYARN N0.: %%-W-%% EIEV.: NNN.NN NAVDri w� N- SENIOR LANDSCAPE AREA B U OESIWFD: Mil. gtAYN: AT CIECNfO. ML RENEMD Fqt 004MOIION OOMF ETED: JASON CARREL PRINCIPAL ME EN INIEEIR ROE M0.: IUSSS DEMOLITION KEYNOTES: • x0 REPLACE ExIGaAN Nj1.ANN9TE IPoMGAPON MNLNE APAT. H.BAND REPARPE PARKING LOT. MAttNNG ONE FOR ONE, PROWDE RE -STRIPING WHERE NEEOEO uARxmG UKE FOR UKE. •1APAND DRES PER NCFE INfORMAPOry REMOVE ARD NKNOSE EWSPNG DExGx IN THIS APPROMMAIE -TOR .'.'::#...':: OEM- Ex15PNC INRELD 1I1 ANO RE-ESTABUSII EDGE OF LAWN. n`: x5A OOGroPOx i5 IIPLAIS PATCH AND REPUR INRpD MIN © SOP MATCHING LIKE FOR LIKE. 11P. iCH AND REPAIR W/ NEW uE ALTO R TERNAL SEE PRIGANDIN PLAN FOR NEW SPRAY RRIGAISH TO BE I—LUES) IN THESE AREAS, TREE PROTECTION NOTES: 1.ALL EXISTING TREES WTHIN THE PARK ARE TO BE PROTECTED -IN -PLACE. TYPICAL 2.ALL HEAVY EQUIPMENT SHALL ONLY OPERATE OUTSIDE OF THE DRIPLINE(E) AND AVOID CONTACT WITH ANY PART OF THE EXISTING TREES THROUGHOUT THE PARK. 3.N0 STOCKPILING OR SOIL COMPACTING SHALL BE ALLOWED WITHIN THE DRIPUT RESIST OF EXISTING TREES THROUGHOUT THE PARK. 4. ANY EXISTING TREE DAMAGED BY THE INSTALLARON OF THIS WORK SHALL BE REPLACED BY THE CONTRACTOR AT NO COST TO THE CITY WITH COMPARABLE 48' BOX SPECIMEN. 5. ALL TRENCHING AND/OR DISONG WITHIN THE DRIPLINE(S) OF EXISTING TREES THROUGHOUT THE PARK SHALL BE DONE WITH HAND TOOLS. PATCH AND REPAIR NOTES: I. ALL EXISTING LAWN AREAS WITHIN THE PARK ARE TO BE PROTECTED -IN -PLACE, TYPICAL 2. WHERE TRENCHING FOR IRRICATON OCCURS, CONTRACTOR SHALL BE REQUIRED TO PATCH AND REPAIR LAWN. PROVIDE AND INSTALL CRASS SEED IN ALL PASSIVE PLAY LAWN AREAS OUTSIDE THE BASEBALL DIAMOND, PROVIDE AND INSTALL SOD IN ALL AREAS WITHIN THE BASEBALL DIAMOND'S FIELD OF PLAY. 3. ANY EXISTING LAWN AREAS DAMAGED BY THE INSTALLATION OF THIS WORK SHALL BE PATCHED AND REPAIRED BY THE CONTRACTOR AT NO COST TO THE CITY PER THE REQUIREMENTS OUTLINED ABOVE. N SCALE:1" = 20'-0" W E 0 10 20 40 LaBIIIE TITTLE UndergI IN G.n S,lviceAle ImIM�e TWO WORKING DAYS 49 BEFORE YOU DIG below. NO K�Ca bNOLNWw aie. ..WwIAAWIPR NOTICE TO CONTRACTOR S VALA'U IO ASAMBLY SSL ARON NO TAMAM TAWS A IG A MMES'B ENE UCOMMABIMCAU SU ACR AND OBTAINS I OIO AI DA FRIO NMAI&F. CALL SEI Ai MAZIOI STM XPW(RIC 0./1T PPoCW i0 CCWENpNB fXCAYAl10N. REM V ��991 PLAN — CABRILLO PA INN RENOVATION CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. CITY OF SANTA ANA SHM 3 OF al Q I MAICHLINL — SILL REVISIONS FRUIT ST `NWDscAA A9C Y � / IRRIGATION NOTES: 1. ALL LOCAL, MUNICIPAL AND STATE LAWS ARE HEREBY INCORPORATED INTO THESE PLANS AND SHALL BE CARRIED OUT BY ME CONTRACTOR. 2. IT IS THE CONTRACTOR'S RESPONSIBILITY TO SECURE ANY AND ALL PERMITS REQUIRED TO PERFORM THEIR SCOPE OF WORK. 3. IT IS ME CONTRACTOR'S RESPONSIBILITY TO PERFORM UNDERGROUND UTLITY SURVEY AND VERIFY THE LOCATIONS OF ALL EXISTING UTILITIES WTHIN THE LIMIT OF WORK PRIOR TO COMMENCING ANY WORK. LOCATORS OF EXISTING WERE NOT AVAILABLE AT THE THE THESE DRAWINGS WERE PREPARED. NOTIFY THE CITY'S AUTHORIZED REPRESENTATIVE IN THE EVENT CONFLICTS ARE FOUND BETWEEN ME PROPOSED DESIGN AND CONDITIONS IN THE FIELD. THE IRRIGATION DESIGN SHOWN HERE -IN IS DIAGRAMMATIC AND SHOWN FOR GRAPHIC CLARITY ONLY. ALL MAINUNE, SLEEVING, VALVES, ETC. SHALL BE INSTALLED WITHIN THE LIMIT OF WORK AND LOCATED IN LANDSCAPE AREAS WHERE EVER POSSIBLE. CONTRACTOR WILL BE EXPECTED TO MAKE ADJUSTMENTS IN THE FIELD TO AVOID CONFLICTS WTH PROPOSED PLANTING AND ARCHITECTURAL IMPROVEMENTS. CONTRACTOR SHALL INSTALL ALL PIPE UNDER PAVED AREAS (HARDSCAPE, PARKING LOTS, ETC.) INSIDE SLEEVING AS SHOWN ON THE LEGEND AND SPECIFICATIONS. INSTALL PER DETAILS PROVIDED. AT A MINIMUM, SLEEVES ARE TO BE 2X THE DIAMETER OF THE PIPE OR WIRE BUNDLE CARRIED. SLEEVES SHALL EXTEND 6" MIN. PAST THE EDGE OF PAVED AREAS ABOVE. IRRIGATION HEADS SHALL BE INSTALLED WITH THE NOZZLE, SCREEN, AND ARCS SHOWN ON THE LEGEND. CONTRACTOR IS EXPECTED TO PERFORM MINOR ADJUSTMENTS IN THE FIELD TO LIMIT THE AMOUNT OF OVER -SPRAY ONTO ANY HARDSCAPE ELEMENT. WHERE OCCURS, AND AT NO ADDITIONAL COST TO THE OWNER, CONTRACTOR IS HEREBY DIRECTED TO REPLACE NOZZLES, SCREENS, ETC. WITH MORE APPROPRIATE RADIUS EQUIPMENT TO BETTER FIT ACTUAL FIELD CONDITIONS ENCOUNTERED. CONTRACTOR SHALL ENSURE HEAD -TO -HEAD COVERAGE THROUGHOUT THE CONTRACTOR WILL BE EXPECTED TO COORDINATE THE ELECTRICAL SERVICE AND STUB -OUT LOCATION WITH THE GENERAL CONTRACTOR AND MAKE THE FINAL CONNECTION TO THE AUTOMATIC CONTROLLER AS SHOWN ON THE PLANS. CONTRACTOR SHALL SUBMIT SCALED SHOP DRAWINGS FOR PROPOSED MAINLINE ROUTING AND VALVE MANIFOLD LOCATIONS PRIOR TO COMMENCING ANY WORK. LAYOUT AND INSTALLALON OF IRRIGATION PIPING WITHOUT PRIOR APPROVAL WILL BE SUBJECT TO REMOVAL AND REINSTALLATION AT THE DIRECTION OF ME LANDSCAPE ARCHITECT UNLESS NOTED OTHERWISE, CONTRACTOR SHALL BE EXPECTED TO PROTECT -IN -PLACE ALL EXISTING LAWN AND SHRUB PLANTINGS THROUGHOUT THE PARK. ANY LANDSCAPE AREAS DISTURBED BY THIS WORK SHALL BE PATCHED AND REPAIRED AS NEEDED, MATCHING LIKE FOR LIKE. ** SEE IRRIGATION LEGEND, SHEET IL-01 FOR ALL REQUIRED PARTS AND MATERIALS AS DEPICTED HERE. ** TREE PROTECTION NOTES: 1. ALL EXISTING TREES WITHIN ME PARK ARE TO BE PROTECTED -IN -PLACE, TYPICAL ].ALL HEAVY EOUIPMENT SHALL ONLY OPERATE OUTSIDE OF ME DRIP NOE(S) AND AVOID CONTACT WITH ANY PART OF ME EXISTING TREES THROUGHOUT ME PARK. 3.NO STOCKPILING OR SQL COMPACTING SHALL BE ALLOWED WHIN ME ORIPDNEB(S) OF EXISTING TREES THROUGHOUT ME PARK, 4. ANY EXISTNG TREE DAMAGED BY ME INSTALLATON OF THIS WORK SHALL BE REPIACED BY ME CONTRACTOR AT NO COST TO ME CITY WITH COMPARABLE 48" BOX SPECIMEN. 5.ALL TRENCHING AND/OR DIGGING WMIN THE DRIPUNE(S) OF EXISTING TREES THROUGHOUT ME PARK SHALL BE DONE WITH HAND TOOLS. N SCALE:1" = 20'-0" IN E 0 10 4D 40 UndergIoUII ice Alert msow,em celmm�e TWO WORKING DAYS 49 BEFORE YOU DIG vbelow. a�Callxmnya, aia. ���.� NOTICE TO CONTRACTOR S VAL NT iU ME CO6AL IRN ND TACTSA PT9 A VALID UT I THE COMRACALL MI AT AND CBFAINS A DIG Al DA IMF NUAI&F. CALL 811 AT VAW 1HN NUPlfpIC DA15 PRIDF TO CD.IM®ICWD fA1:AYAMAV. CABRILLO PAMPRN RENOVATION CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. CITY OF SANTA ANA W1E7 4 OF MATCHLINE — SEE SHEET IA-01 MATCHLINE — SEE SHEET IA-01 — — Z — — — — _ IRRIGATION NOTES: EX WAN 1ER OE f® NTO IX uxN� 2h, NEA iA' 1. ALL LOCAL, MUNICIPAL AND STALE LAWS ARE HEREBY INCORPORATED L4 / l �511x0 RESTRGOM 'D 1 ', \ INTO THESE PLANS AND SHALL BE CARRIED OUT BY THE CONTRACTOR. �. 2. IT IS THE CONTRACTOR'S RESPONSIBWTY TO SECURE ANY AND ALL � M \ IX UWx� v N✓EA \ IX � l DMPtls< T' IX ENIWIN4 1 z14' 4. � PERMITS REQUIRED TO PERFORM THEIR SCOPE OF WORK �' YARO — — — — — — — 3. IT IS THE CONTRACTOR'S RESPONSIBUTY TO PERFORM UNDERGROUND \ / �. �, ,X• _ f-T... X, �. UTILITY SURVEY AND VERIFY THE LOCATIONS OFALL EXISTING UTILITIEWIN- Q i 'N G i5. 1A' NG ANY WORK. WMTHE LIMIT OF WORK PRIOR TO COMMENCING 25' 'y' AVAILABLE AT THE RIZ THESE LOCATIONS E EXISTED PREPA WERE HOLEY DRAWINGS WERE PREPARED. NONFV ICT CARE AUTHORIZED REPRESENTATIVE IN THE EVENT CONFLICTS ARE FOUND BETWEEN NE PROPOSED DESIGN AND CONDINSHOO OER IN THE FIELD. /Z_ ( -` EX_ ^ 'wIX \ 2' i:' `4" V AND ES SHOWN 4. FOR IRRIGATION DESIGN SHOWN HERE -IN IS , SLEEVED, VALVES, ETC. FOR GRAPHIC CLARITY ONLY. ALL MAINLINE, Q In 0 Q I _O _ _ RE-WMHECiIX OMMGND M-PLAC X�(vnOTECT-N-vLA¢) �I(ErXJ�I ;; 59.4 16 I I WORK ANDG, SHALL A INSTALLED WITHIN THE LIMIT OF 'hgRK AND LOCATED IN LANDSCAPE AREAS WHERE EVER POSSIBLE. CONTRACTOR WILL FL EXPECTED TO MAKE ADJUSTMENTS IN ME FIELD TO AVOID CONFLICTS W11H PROPOSED PLANTING AND ARCHITECTURAL IMPROVEMENTS. l Q IY.' O (\ Q J Ye" jYJ I 5. CONTRACTOR SHALL INSTALL ALL PIPE UNDER PAVED AREAS (HARDSCAPE, PARKING LOTS, ETC.) TING AS SHOWN ON THE INSIDE SLEETING LEGEND AND SPECIFICATIONS. INSTAL PER DETAILS PROVIDED. AT A MINIMUM, SLEEVES ARE i0 BE 2% 1HE DIAMETER OF ME PIPE OR WIFE J I BUNDLE CARRIED. SLEEVES SHALL EXTEND 6" MIN. PAST THE EDGE OF PAVED AREAS ABOVE. J I Q B I 6. IRRIGATION HEADS SHALL BE INSTALLED NTH THE NOZZLE, SCREEN, AND ry0 Z g0.pgwg� �' Hl�- 1' I ARCS SHOWN ON THE LEGEND. CONTRACTOR IS EXPECTED TO PERFORM SHOWN MINOR ADJUSTMENTS IN THE FIELD i0 LIMIT THE AMOUNT LL W,,^ i y- r O OVER -SPRAY ONTO ANY HARDSCAPE ELEMENT. WHERE OCCURS, AND AT C NO REPLACEADDIDONALNOZZLES, COST TO THE OWNER, CONTRACTOR IS HEREBY DIRECTED TO REPLAEE SCREENS, ETC. WITH MORE APPROPRIATE RADIUS Q u I1A O OO �J I OBETR BODEMENT TO BETTER FIT ACTUAL FIELD EONDIHO R ENCOUNTERED. CONTRACTOR THROUGHOUT. CONTRACTOR SHALL ENSURE HEAD -TO -HEAD COVERAGE NROUGHWT. 7, THE CONTRACTOR WILL BE EXPECTED TO COORDINATE THE ELECTRICAL SERVICE INS III -OUT LOCATION WI1H THE GENERAL CONTRACTOR AND O 578 7 2Ji•49.0 I MAKE THE FINAL CONNECTOR TO THE AUTOMATIC CONTROLLER AS SHOWN <64.6 15 , 1Ye' O ii C 15 42.7 1 I ON THE PLANS. 8. CONTRACTOR SHALL SUBMIT SCALED SHOP DRAWNGS FOR PROPOSED \ A _ /� y"•• ��// 1 ID IJY � I MAINLINE ROUTING AND VALVE MANIFOLD LOCATIONS PRIOR TO COMMENCING ANY WORK. LAYOUT AND INSTALLATION OF IRRIGATION 1 49A fi 1Y," IX AN. M 14 vuv¢ m —I 1ECT-Ix- NUNS RECONNECT m NEW MNNINE. ly. Y Y I A PIPING MINGLELLAnON PRIOR APPROVAL WILL BE SUBJECT TO REMOVAL AND REINSTALLATION AT THE DIRECTION OF THE LANDSCAPE ARCHITECT'. \ R p" 1 — L 9. UNLESS NOTED OTHERWISE, CONTRACTOR SHALL BE EXPECTED TO O \ 4 1 6• 'Y �IX��� I � PROTECT -IN -PLACE ALL EXISTING UM AND SHRUB PLANTINGS TH THROUGHOUT E PARK. ANY LANDSCAPE AREAS DISTURBED BY THIS WORK SHALL BE PATCHED AND REPAIRED AS NEEDED, MATCHING LIKE ItFOR Y." LIKE. r AREA X, �� I �� 4' \ IX %�\ � i y,. OI TREE PROTECTION NOTES: 1. ALL EXISTING TREES W IN ME PARK ARE TO BE /` �, t NI1�10110 \ DAD M� I PROTECTED -IN -PLACE. TWICAL. *, 2 // // / 2.ALL HEAVY EQUIPMENT SHALL ONLY OPERATE OUTSIDE OF THE IX LAWN \� K4" ,, / '// DRIPLINECC AND AVOID CONTACT IN ANY PART OF THE EXISTING TREES THROUGHOUT ME PARK. RELD�� \\\a ED // �BAYBNL� I 3.STOCKPILING OR SOIL COMPACTING SHALLALLOWED M D OF EXISTING TREPS PARK, THROUGHOUT THBY SISTNGTRIEE H' R. 4.ANY f%'DAMAGED THE NSTALLATON OFF MIS WORK SHALL BE REPLACED BY ME CONTRACTOR AT NO COST TO ME Cltt WTH COMPNABLE 48" BO% SPECIMEN. 0 V: 5.ALL TRENCHING AND/OR DIGGING WTHIN ME DRIPLINECR OF 2' �• 3" 0 E%IBTING TREES THROUGHOUT ME PARK SHALL BE DONE W1M HAND TOOLS ,h** �4� 6 83.6 Y' 14 91.2 13 1Y. 2 �>f' PATCH AND REPAIR NOTES: 1. ALL EXISTING LAWN AREAS WIN THE PARK ARE TO BE Z TYPICAL. O BePROTECTED-IN-PLACE, 0 ' y. yl 0 �. �" 0 I 2 IN RE ED T'NG FOR O PATCH NDA EPARCLAO CONTRACTORSHALLO BEREWIRED INSTALL GRASS SEED IN ALL PASSIVE PLAY LAWN AREAS OUTSIDE Q ME BASEBALL DIAMOHI PROMDE AND INSTALL SOD IN ALL fir, I I �X" AREAS WHIN ME BASEBALL DIAMOND'S FIELD OF PLAY. p -L 3. ANY EXISTING LAWN AREAS DAMAGED BY THE INSTALLATON OFTHIS �/BIXASB111� WORK CONiRACiOR ATEHALLNOECOSiCHED AND iO NE CITY PERENEYME REOUIREMENTS W 2 iE1D I OUTLINED ABOVE. cc F I SCALE:1" = 20'-0" ° I w E A* I I _Ex. 114' �BA mXUL I A.D .. 10 D 40 Y S O: ** SEE IRRIGATION a LEGEND, SHEET IL-01 L I T T L E p FOR ALL REQUIRED D coxsuulNc z 8 I 98.8 9 } 2' 98.8 10 2' ,. 11 83.6 SUM 2" 2" I De Alert PARTS AND MATERIALS � Under roundServi,IR AS DEPICTED HERE. 4 JOI DAYS Q BEFO z �--------- — — — — — — — — — �— — — EKy�m Dlc U x�CDIIM io .lya, ale. I� 1Y" r" ' x' ...ngN.LMe NOTICE TO CONTRACTOR n a ° 04 NL ASSEMBLYMM 4RNNOTAMATND PUV" U CIBIAMS r STMS A IGAUT? lit UMM. CAUL SIMTAT LEAST A pD A1FRT DCI(Ei NUM&F. CALL 811 A71FA57 MU cV TO NgPIWIC DAIS PRIDE CO.IM®ICMD EA'CAYAe .. BEE NQ: f_ REVISIONS R VICE - `NWoscAP > P= R � Z � NUMSEA DAIS I DESCRIPTON APPROVED INSTALLED MCHM x N0.: X%-%XN-%% EIEV.: NNN.NN NAVDri A� U SENIOR 1/N05C/FE ARCHIECT DESII MIL DRAM: AT CIEMED: ME CABRILLO PA N RENOVATION o�gtiV REMEWm PaR CABRILLO PARK —CORNER OF CABRILLO PARK DR. &FRUIT ST. 01 2 PUBLIC WORKS AGENCY CON5IRUCIIp1 CpP1ETED: JA4011 EMDREL PRINCIPAL pNL LTRLZIEER RQ N0.: 62eee CITY OF SANTA ANA SHEET 5 OF 12 MASTER IRRIGATION LEGEND GENERAL IRRIGATION NOTES: 1. ALL LOCAL, MUNICIPAL AND STATE LAWS ARE HEREBY INCORPORATED INTO THESE PLANS AND SHALL BE CARRIED OUT BY THE CONTRACTOR. 3, THE CONTRACTOR IS EXPECTED TO SECURE COPIES OF THE CURRENT ARCHITECTURAL AND ENGINEERING PLANS AND ANIMAMZE THEMSELVES WITH ALL ASPECTS OF THE PROJECT AS IT RELATES TO THEIR SCOPE. 4. IT IS THE CONTRACTOR'S RESPONSIBILITY TO SECURE ANY AND ALL PERMITS REQUIRED TO PERFORM THEIR SCOPE OF WORK. 5. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONS OF ALL EXISTING UTLITES WITHIN THE LIMIT OF WORK PRIOR TO COMMENCING ANY WORK. LOCATIONS SHOWN ON THE PLANS ARE APPROXIMATE AND THE LANDSCAPE ARCHITECT MAKES NO GUARANTEES ABOUT THEIR ACTUAL LOCATIONS. NOTIFY THE CITYS AUTHORIZED REPRESENTATIVE IN THE EVENT DISCREPANCIES ARE FOUND BETWEEN THE PLANS AND CONDITIONS IN THE HELD. 6. THE IRRIGATION DESIGN SHOWN HERE -IN IS DIAGRAMMATIC AND SHOWN FOR GRAPHIC CLARITY ONLY. ALL MAINLINE, SLEEVING, VALVES, ETC. SHALL BE INSTALLED WITHIN THE LIMIT OF WORK AND LOCATED IN LANDSCAPE AREAS WHERE EVER POSSIBLE. CONTRACTOR WILL BE EXPECTED TO MAKE ADJUSTMENTS IN THE FIELD TO AVOID CONFLICTS WITH PROPOSED PLANING AND ARCHITECTURAL IMPROVEMENTS, 7. THE CONTRACTOR IS EXPECTED TO SUBMIT ANY QUESTIONS REGARDING THE PROPOSED IRRIGATION DESIGN WHEN IT IS CLEAR THAT FlELD CONDITIONS DO NOT MATCH WHAT IS DEPICTED ON THE PLANS. SUBMIT QUESTIONS TO THE GENERAL CONTRACTOR AS OFFICIAL RFI'S (REMUEST5PoRTNPDRMATWIn. IN CASES WHERE THE CONTRACTOR WILLFULLY INSTALLS EQUIPMENT WITHOUT CLARIFYING INTENT OF THE DRAWINGS, THE WORK WILL BE SUBJECT TO CHANGE AT CONTRACTOR'S EXPENSE. B. THE CONTRACTOR SHALL INSTALL ALL EQUIPMENT AS SHOWN IN THE DETAILS AND SPECIFIC TONS. PROPOSED CHANGES BY THE CONTRACTOR SHALL BE SUBMITTED IN WRITING FOR RENEW AND APPROVAL. 9. FINAL LOCATIONS FOR THE POINT -OF -CONNECTION AND THE AUTOMATIC CONTROLLER SHALL BE DETERMINED IN THE HELD. STAKE LOCATIONS OF SAID EOUIPMENT FOR REVIEW AND APPROVAL BY THE CITY AND THE ARCHITECT PRIOR TO COMMENCING ANY WORK. 10, UNLESS NOTED OTHERWISE, CONTRACTOR SHALL PROVIDE THREE ADDITIONAL PILOT WEER AND ONE COMMON WEE TO END OF ANY MAINLINE RUN FOR POSSIBLE FUTURE EXPANSION. PROVIDE AND INSTALL AS A 1OFT COIL INSIDE A RECTANGULAR VALVE BOX.. 11. CONTRACTOR SHALL INSTALL ALL PIPE UNDER PAVED AREAS (HARDSCAPE, PARKING LOTS, ETC.) INSIDE SLEEVING AS SHOWN ON THE LEGEND AND SPECIFICATIONS. INSTALL PER DETAILS PROVIDED. AT A MINIMUM, SLEEVES ARE TO BE 2X THE DIAMETER OF THE PIPE OR WIRE BUNDLE CARRIED, SLEEVES SHALL EXTEND 6" MIN. PAST THE EDGE OF PAVED AREAS ABOVE. 12, IRRIGATION HEADS SHALL BE INSTALLED WITH THE NOZZLE, SCREEN, AND ARCS SHOWN ON THE LEGEND. CONTRACTOR IS EXPECTED TO PERFORM MINOR ADJUSTMENTS IN THE FIELD TO LIMIT THE AMOUNT OF OVER -SPRAY ONTO ANY HARDSCAPE ELEMENT. WHERE OCCURS, AND AT NO ADDITIONAL COST TO THE CITY, CONTRACTOR IS HEREBY DIRECTED TO REPLACE NOZZLES, SCREENS, ETC. 'NTH MORE APPROPRIATE RADIUS EQUIPMENT TO BETTER FIT ACTUAL FIELD CONDITIONS ENCOUNTERED. CONTRACTOR SHALL PROVIDE HEAD -TO -HEAD COVERAGE THROUGHOUT. 13, ALL IRRIGATION ROTOR AND ROTATORS WITHIN TURF AREAS SHALL BE (6°) POP -UPS. 14 THE CONTRACTOR IS EXPECTED TO ADJUST THE PRESSURE REGULATOR ON EACH RCV SO THAT THE HEAD FARTHEST AND HIGHEST IN ELEVATION OPERATES WITHIN THE OPERATING PRESSURE SHOWN ON THE IRRIGATION LEGEND. 15, THE PROPOSED IRRIGATION DESIGN IS BASED ON A STATED STATIC WATER PRESSURE OF 88 PSI PER THE CITYS WATER DEPARTMENT. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE STATIC WATER PRESSURE AVAILABLE PRIOR TO COMMENCING ANY WORK. NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES. 16, WHERE IRRIGATION PIPE INDICATED ON THE PLANS IS NOT SIZED, THE CONTRACTOR SHALL INSTALL SAID PIPE AT AN APPROPRIATE SIZE NOT TO EXCEED SHIPS IN PVC PIPE AND 7PS IN COPPER PIPE. ANY SUCH CHANGES SUCH AS THESE SHALL BE MADE AT NO COST TO THE CITY. 17. THE CONTRACTOR WILL BE EXPECTED TO COORDINATE THE ELECTRICAL SERVICE AND STUB -OUT LOCATION WITH THE GENERAL CONTRACTOR AND MAKE THE FINAL CONNECTION TO THE AUTOMATIC CONTROLLER AS SHOWN ON THE PLANS. 18, PRESSURE REGULATING DEVICES ARE REQUIRED IF WATER PRESSURE IS BELOW OR EXCEEDS THE RECOMMENDED PRESSURE OF THE SHOVED IRRIGATION DEVICES. 19. CHECK VALVES OR ANT -DRAIN VALVES ARE REQUIRED ON ALL SPRINKLER HEADS WHERE LOW POINT DRAINAGE COULD OCCUR. IRRIGATION SCHEDULE NOTES A. THE IRRIGATION SCHEDULES FOR PLANT ESTABLISHMENT AND ESTABLISHED LANDSCAPE SHALL BE DETERMINED BY THE MAINTENANCE CONTRACTOR AND SHALL BE CHANGED ACCORDING TO THE MONTH OF THE YEAR. THEY ARE TO BE USED IN CONJUNCTION WITH THE IRRIGATION SYSTEM'S SMART CONTROLLER TO ADJUST RUNTIMES BASED ON ACTUAL ETD DATA. CONTRACTOR IS EXPECTED TO MAKE ADJUSTMENTS AS NEEDED TO ACCOUNT FOR PLANT TYPES AND ON -SITE MICRO -CLIMATES. B. IRRIGATION RUN-TIMES SHALL BE ADJUSTED OR RUN AS REPEAT CYCLES TO ELIMINATE ANY WATER RUN-OFF OR EDUCING OF IRRIGATION WATER IN LANDSCAPE AREAS REVISIONS SYMBOL MANUFACTURERAMODEL/DESCRIPTION 90Z Hunter MP1000 PROS-06-PRS40-CV Turf Rotator, 6° pop-up with check wlw, pressure requlated to 40 psi, MP Rotator nozzle on PRS40 body. M=Maroon adi arc 90 to 210, L=Light Blue 210 to 270 arc, O=Olive 360 arc. SSS Hunter MP2000 PROS-O6-PR540-11 Tur! Rotator, 6" pop-up with factory installed check wlw, pressure regulated to 40 psi, MP Rololor nozzle on PRS40 body. K=Block adj arc 90-210, G=Green adj arc 210-270, R=Red 360 arc. Hunter MP3000 PROS-06-PR540-CV Turf Rotator, 6" pop-up with factory Installed check wlw, pressure regulated to 40 psi, MP Rololor nozzle on PRS40 body, B=Blue adj arc 90-210, Y=Yellow adj arc 210-270, A=Cray 360 blo Hunter MP3500 PROS-06-PRS40-CV Turf Rotator, 6" Pop-up with factory installed check wlw, pressure regulated to 40 psi, MP Rololor nozzle on PRS40 body, LB -light brown ad u.bable arc, 90-210, Air Hunter MPBOOSR PROS-06-PRS40-CV Turf Rotator, 6" pop-up with check calve, pressure regulated to 40 psi, MP Rotator nozzle on PRS40 body. ADJ=Orange and Gray ( orc 90-210), 360=Lime Green and Groy (orc 360) © ®® Hunter MP815 PROS-06-PRS40-CV Turf Rotator, 6° pop-up with check ulw, pressure requlated to 40 pi, MP Rotator nozzle on PR540 body. M=Maroon and Gray adj orc 90 to 210. L=Light Blue and Gray 210 to 270 orc, O-Oliw and Groy 360 orc. SYMBOL MANUFACTIRERAMODEL ® Hunter 1-25-O6-SS-HS ® Hunter 1-25-O6-SS-HS Hunter 1-40-06-SS-HS PRESSURE CALCULATION P.O.C. NUMBER: 01 Water Source Information: FLOW AVAILABLE Water Meter Size: 3' Flow Aailable: 225,00 gpm PRESSURE AVAILABLE Static Pressure of POC: 88.00 PSI Elewtion Change: 2,00 N Service Line Size: Lenolh of Service Ene 3" SO ft Pressure Available: 87.00 psi DESIGN ANALYSIS Maximum Station Flow: Flow Avo'lobI. at PZ 98.80 gpm ) 00 Residual Flow Available: 126.20 gpm Critical Stofion: 27 Design Pressure: 40.00 psi Friction Loss: 2.60 psi Fittings Loss: Elevation Loss: 0,26 psi 0.00 psi Loss through Valve: 22.50 psi Pressure Req. at Critical Station: Loss for Fittings: 65.36 psi 0.00 psi Loss for Main Line: 0.03 psi Loss for POD to Valve Elewtion: Loss far Backflow: NO psi VOO psi Loss for Molter Valve: Loss for Water Meter: 2,38 psi 1.00 psi Critical Station Pressure at POD: Pressure Available 79.77 psi .'OR Residual Pressure Available: 7.23 psi QTY PSI 18 40 79 40 135 40 12 40 21 40 7 40 QTY PSI C,PM RADIUS 71 40 3.80 37' 3 40 6.10 40' 102 40 7.60 41' `hWTscAw Sri �ITFRY� Wo - r 9y MIOIAFL IFLHTIER � U iZM� FCR w"�f'D". r�saF cram ' SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY RAIN BIRD 300-BPE-PRS-D ANGLE 31 3" BRASS ELECTRIC REMOTE CONTROL VALVE, IN ANGLE CONFIGURATION. PATH PRS-DIAL PRESSURE REGULATING MODULE. RAIN BIRD 33-DLRC 16 0 3/4" BRASS QUICK -COUPLING VALVE, WITH CORROSION -RESISTANT STAINLESS STEEL SPRING, LOCKING THERMOPLASTIC RUBBER COVER, DOUBLE TRACK KEY LUG, AND 2-PIECE BODY. GRISWOLD ISOLATOR UNION 4 w BRASS DWS VALVE WITH UNION BALL VALVE, INCLUDES PLUG IN BOSS. SIZES 1/2" THROUGH 3", SAME SIZE AS IRRIGATION LINE. 100 MESH STAINLESS STEEL STRAINER AND PACKING GLAND BALL VALVE ARE IDEAL FOR DIRTY WATER APPLICATIONS. GRISWOLD 216ON 3" 1 k 3" SOLENOID, NORMALLY OPEN MASTER VALVE. CAST IRON AND BRONZE MATERIAL. NPT END CONNECTION. BF ZURN 375-BP 3° 1 RE LOSS PRESSURE BACKFLOW r PREVENTER. IZES 2 1/2% 3% 4', 6', 8% 10" CALSENSE ET2000-32 © 32 STATION AUTOMATIC CONTROLLER WTH RADIO COMMUNICATIONS PER CITY REQUIREMENTS. ® Rain Bird FS-350-B 1 3" and Higher Flow Sensor for use with Rain Bird Mpxicom, SiteControl, and ESP-LXD Central Control Systems. Brass Model. Suggested Operatinq Range of 12.0 GPM to 45,000 GPM. Strong Box SBBC-75SS OR APPROVED EQUAL 1 High profile, tube and wire construction smooth touch wrface, stainless steel bockflow enclosure. 76.5% 39"H, 25.5"W (194.31 cm L, 99.06cm H, 64.77om W), Irrigation Lateral Line: PVC Schedule 40 UP TO 2° Class 200 SDR 21 OVER 2" 13.027 I.f. WTH SON. 80 FITTINGS, TYPICAL. Irrigation Mainline: PVC Class 315 SDR 13.5 3,024 I.f. WTH LEEMCO RESTRAINT FITTINGS, TYPICAL. Pipe Sleeve: PVC Schedule 40 2X Uk OF PIPE 209.1 I.f. Vd. Cnllaut Vdw Number Vdw Flow " Vdw Sze L-1..31AIJE UndergroundSelviceAle msoalhem Ca c' TWO WORKING DAYS 49 BEFORE YOU DIG v below. smCSll6dhey ie. wwtl.-wq NOTICE TO CONTRACTOR PURA/ANT TU ASSEMBLYWLL 4YIV WO F AVANW PERMIT IS VAUO UNES'S THE CONM RN CONTACTS AND, OBTAINS A MO AILRT M KO' NUMBIR CALL fit AT (FAST TIRO XGPlfpIC 0./1T PPoQP TO CCWMNCMC fXC1VADM.. IRRIGATION ��yy��gqqq����rr ALCULA710NS CABRILLO PAItK'1M�I�KN RENOVATION CABRILLO PARK - CORNER OF CABRILLO PARK DR. & FRUIT ST. CITY OF SANTA ANA SHEET 6 OF M© o 1=1illiM �I!'llllll_ NOTEDL ALL INREADED CONNECTIONS TO HAVE MON TAPE OR PASTE. 0 FINISH GRADE IN TURF AREAS Q JUMBO VALVE BOX - NOS OR APPROVED EQUAL. PROVIDE WTH STAINLESS STEEL ANTI -THEFT LID BY SENTRY OR APPROVED EQUAL. BOX TO BE PLACED AT RIGHT ANGLE TO HARDSCAPE EDGE HEAT BRAND "ARV' ON LID. Q MASTER CONTROL VALVE, SEE LEGEND FOR SPECIFICATION, INSTALL PER MANUFACTURER'S RECOMMENDATIONS. ao FINISH GRADE IN SHRUB AREAS 05 PVC MAINLINE TO FLOW SENSOR © (4) BRICK SUPPORTS Q 3/4" ROCK, 2 CUBIC FEET Q FILTER FABRIC (] 24- WE LOOP 1® PVC MAINLINE FROM BACKFLOW 10 BRASS NIPPLE, TYR. 1© BRASS UNION VALVE ID TAGS 1® PVC SON 80 FEMALE NO ES ALL THREADED CONNECTIONS TO HAVE MON TAPE OR PASTE. DMASTER VALVE REMOTE CONTROL VALVE N.T.S. C N.T.S. 0 FINISHED GRADE IN TURF AREAS Q 10' ROUND PLASTC VALVE BOX WITH BOLT DOWN COVER, USE STAINLESS BOLT, NUT, AND WASHER. HEAT BRAND 'PB' ONTO DD. Q 24' WE EXPANSION LOOP (PR). Q FINISH GRADE IN SHRUB AREAS Q WATER PROOF WE CONNECTORS © (4) BRICK SUPPORTS Q PVC ELECTRICAL SWEEP (IF INSTALLED IN CONDUIT) Q LANDSCAPE FABRIC Q 3/4' ROCK, 1 CUBIC FT. PULL BOX H N.T.S. NOTES NO FITTINGS 1OX PIPE 0.0. UPSTREAM OF SENSOR. NO FITTINGS 5. PIPE O.D. DOWNSTREAM OF SENSOR. 0 FINISH GRADE IN TURF AREAS Q JUMBO VALVE BOX - NDS OR APPROVED EQUAL. PROVIDE WITH STAINLESS STEEL ANT-THF}7 DO BY SENTRY OR APPROVED EQUAL. BOX TO BE PLACED AT RIGHT ANGE TO HARDSCAPE EDGE. HEAT BRAND 'RCV' AND CONTROL STATDN # ONTO UC Q FINISH GRADE IN SHRUB AREAS Q 24" WE LOOP Q VALVE ID TAG © SON 80 PVC THREADED ELL Q CONTROL VALVE, SEE LEGEND FOR SPECS Q SCH SO PVC NIPPIES (TYP). LENGTH AS FRONT Q (4) BRICK SUPPORTS ® IRRIGATION MAMLINE 0 3/4- ROCK GRAVEL 2 CUBIC FEET ® LANDSCAPE FABRIC 0 LATERAL 0 SCH. 80 PVC FEMALE ADAP. 0 SCH. 80 UNION Q1 FINISH GRADE IN TURF AREAS Q JUMBO VALVE BOX - AS OR APPROVED EQUAL. PROVIDE WM STAINLESS STEEL ANT -THEFT LID BY SENTRY OR APPROVED EQUAL. BOX TO BE PLACED AT RIGHT ANGLE TO HARDSCAPE EDGE. HEAT BRAND "FS" ONTO LID, Q FLOW SENSOR, SEE LEGEND FOR SPECIFICATION, INSTALL PER MANUFACTURER'S RECOMMENDATIONS (] FINISH GRADE IN SHRUB AREAS Q5 PVC MAINLINE TO IRRIGATION SYSTEM © (4) BRICK SUPPORTS Q 3/4' ROCK, 2 CUBIC FEET Q FILTER FABRIC Q 24" WRE LOOP 1® PVC MAINLINE FROM MASTER VALVE Q 1' ELECTRICAL CONDUIT TO CONTROLLER Q SAND BACKFILL COMPACTED TO THE DENSITY OF EXISTING SOIL Q LATERAL ONE SEE LEGEND FOR SPECS Q UNDISTURBED SOIL O CONTROL WIRE SEE LEGEND FOR SPECS © MAINLINE SLEEVE, SEE LEGEND FOR SPECS PEDEBTRNN PAVEMENT A B 2-TO 12-Slff 3fi' 11 PVC SLEEVES TO BE TWICE TIE DIAMETER VEHICULAR PAVEMENT A B OF THE PIPE OR WE BUNDLE CARRIED, 2' TO 12-SIZE 42' BO' n MIMING U N.T.S. NOTES I. BOX TO BE INSTALLED TO ALLOW FOR PROPER OPERATION OF BALL VALVE HANDLE. 2. INSTALL AT RIGHT ANGLE TO HARDSCAPE EDGE. 3. INSTALL VALVE BOX EXTENSIONS AS REQUIRED TO ACHIEVE PROPER VALVE INST—TION AT MAINLINE DEPTH. 4. ALL THREADED CONNECTIONS SHALL HAVE HERON TAPE OR PASTE. NOTE: TRENCHING SHALL BE KEPT TO A MINIMUM, RUN LATERALS AND MAINLINE IN COMMON TRENCHES WHERE EVER POSWE TO LIMIT DAMAGE TO EMSTNG US AREAS. m 3 Q FINISH GRADE - PROVIDE NEAT AND CLEAN IE 4 6 5 EDGES THROUGHOUT ALL EXISTING AREAS. FINISH GRADE SHALL BE COMPACTED SMOOTH AND LEVEL WITH NO HUMPS. 4 4". Q CLEAN COMPACTED BACIffILL Q LATERAL ONE - SEE PLANS AND LEGEND —UNDISTURBED Q SOIL ME QS CONTROL WRES, SEE SPECS. © MAINLINE - SFE PLANS AND LEGEND Q EXISTING LAM - PROTECT -IN -PUCE DIMENSION A B REPLACE ANY DAMAGED BY THIS WORK. Q LAWN PATCHING - FOR ALL PASSIVE LAWN IR'T03-IIY IN BIZE 34' 10' AREAS, CONTRACTOR $HALL APPLY MASS 3'IN SIRE 38' SEED PER SPECS. FOR ALL BASEBALL FIELD LAWN AREAS, CONTRACTOR SHALL INSTALL SOD PER SPECS. 4-AND LARGER OR nTRENCHING N.T.S. Q FINISH GRADE IN TURF AREAS Q JUMBO VALVE BOX - NDS OR APPROVED EQUAL. PROVIDE WITH STAINLESS STEEL ANT -THEFT LID BY SENTRY OR APPROVED EQUAL. BOX BE PLACED AT RIGHT ANGLE TO HARDSCAPE EDGE. HEAT BRAND 'BV ONTO LID. Q BALL VALVE, SEE LEGEND FOR SPECFICATON Q FINISH GRADE IN SHRUB AREAS Q MAINLINE, DEPTH AS PER SPECS. © DUAL UNION CONNECTONS AS PART OF BALL VALVE, THREADED IF SPECIFIED IN LEGEND Q (4) BRICK SUPPORTS Q 3/4" ROCK, 2 CUBIC FT. DA LANDSCAPE FABRIC 01 FINISH GRADE IN TURF AREAS Q PLASTC ROUND VALVE BOX WTH BOUT DOWN COVER, USE STAINLESS BOLT, NUT, AND WASHER. HEAT BRAND 'OV' ONTO LID. Q QUICK COUPLER VALVE, SEE LEGEND FOR SPECIFICATION, INSTALL PER MANUFACTURER'S RECOMMENDATIONS. O FINISH GRADE IN SHRUB AREAS 0 STAINLESS STEEL CLAMP © (4) BRICK SUPPORTS Q 3/4' ROCK, I CUBIC FEET 0 FILTER FABRIC 0 /4X36" DEBAR STAKES (2 TOTAL) MAINLINE, SEE SPECS. 11 BRASS NIPPLE (LENGTH AS ROOD) 1© SCH. 80 TRIPLE SWING JOINT ASSEMBLY W/ DOUBLE 0-RING SEAL NOTES: a. ALL THREADED CONNECTIONS TO HAVE MON TAPE OR PASTE. b. ENSURE COO KEY SWVEL'S FREELY WHEN INSERTED INTO LUG PAN. GFLOW SENSOR BALL VALVE C QUICK COUPLER VALVE N.T.S. N.T.S L N T.S. LITTLE ' aIMFRSIFIFD.WDHIrFDADR.L�DNDDL,IN� 1 UndergIoEII ice Alert i � msow,em cAliMm�A 1 TWO WORKING DAYS BEFORE YOU DIG a below. �Callxmnra, NOTICE TO CONTRACTOR 1 PURSUANT Ta AssELreLr eaL 42rW rro urAVARw M'F9WT IS VADO UMES'S THE CONIRACIpR OOATAOFS AND CIBUINS A DIG HURT nMt NMNRER. CALL MH AT LEAST TARN NgPlfWIG DAYS PRIOR TD CO.IM®IGMlD fXF/VAZIM.. FEE M f_ OCD Q�i REVISIONS R VICE - `HWDscAP WS >- P= S U „ I P R "'°""'°�"� SENIOt LANDSCAPE ARd1TECi � S ! CABRILLO PA N RENOVATION 1 CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. NUMBER OAIE I DESCRIPTION APPROVED INSTALIID ffNOYARK N0.: X%-%XN-%% EIEV.: NNN.NN NAVDri DESIGNED. Will. DRAM: AT MEMBER ME NNUDWFD FOR JA4011 GIWREL PRINCIPAL ME ENRMEI]i ROE N0.: 82B8a 01�2= PUBLIC WORKS AGENCY 1 CITY OF SANTA ANA SHEET T aF 12 COASIIAUCIIOI COMPLETED, O SHRUB PER PLAN - CENTER IN PIT, SET LEVEL TVF OROOTBALL - SET 2" ABOVE FINISH GRADE 0 AMENDED BACKFRL PER SPECIFICATONS 0 SCARIFY BOTTOM AND SIDES OF PLANTNG PIT, TYPICAL. O FINISH GRADE O MULCH �] NATIVE UNDISTURBED SOIL OWATERING BASIN O9 PLANT TABLETS - QUANTITY AND PLACEMENT PER SPECIFICATIONS. nSHRUB PLANTING L N.T.S. Q IRRIGATON MAINLINE INSTALLED 1T OFF HARDSCAPE EDGE O HARDSCAPE EDGE O3 DUICK COUPLER VALVE ON SWING JOINT IN ROUND VALVE BOX Oa SCH. 80 PVC TEE, SxS%S - LENGTH VARIES MAINLINE x MANIFOLD SIZE QS SON 80 PVC UNION Ofi BALL TYPE ISOLAiIgJ VALVE Qi SCH. 80 PVC ELL, Sx5x5 OB LATERAL LINE TO SPRINKLERS OB REMOTE CONTROL VALVE ® IRRIGATION SUB-MAINLNE, S1ZE PER LARGEST VALVE 11 MINIMUM 12' SEPARATON BETWEEN ALL VALVE ROWS NO ES: a. ALL THREADED CONNECTIONS TO HAVE TERON TAPE OR PAST b. = VARIABLE DISTANCE TO MANIFOLD. FINAL LOCATIONOF EACH MANIFOLD TO BE DETERMINED IN THE FIELD AND COORDINATED WTH EXISTING / PROPOSED LANDSCAPE. MANIFOLD SHALL BE SET BACK FROM THE EDGE OF PAVING AND PLACED IN PLANTING AT LEAST 2C HIGH, DISCREET AND OUT OF SIGHT c. STAKE MANIFOLD LOCATIONS IN THE FIELD FOR REVIEW AND APPROVAL BY PARK DEPARTMENT PRIOR TO INSTALLATION. /-11VALVE MANIFOLD OVERALL PAD SIZE AND ENCLOSURE DIMENSION TO BE DETERMINED BY INSTALLING CONTRACTOR. SUBMIT SHOP DRAWING OF NEW P.O.C. AND BACKFLOW FOR RENEW AND APPROVAL �BACKFLOW ASSEMBLY \ N.T.S. 0 INSTALL SPRINKLER HEAD BOSH MTH FINISH GRADE IN TURF AREAS 02 POP-UP SPRINKLER HEAD, SPRAY OR ROTOR SEE LEGEND FOR SPECIFIC TON (] INSTALL SPRINKLER HEAD 1/2" ABOVE FINISH GRADE IN SHRUB AND GROUND COVERS AREAS 04 UNDISTURBED SOIL 0 TRIPLE SANG JOINT ASSEMBLY © SCH 80 PVC S,SNT TEE FRI LATERAL x SPRINKLER INLET SIZE LATERAL LINE, SEE LEGEND AND DETAILS FOA ME AND DEPTH REQUIRED NOTES: I. INSTALL SPRINKLER HEADS 8" FROM PAVING EDGE IN SHRUB AND GROUND COVER AREAS. 2. INSTALL SPRINKLER HEADS 4" FROM PAVING EDGE IN TUBE AREAS. 3. ADJUST SPRAYS OR NOZZLE STREAM SO WERE IS NO OVERSPRAY ONTO ADJACENT HARDSCAPE AND/OR BUILDINGS. 4. ALL THREADED CONNECTIONS TO HAVE TERON TAPE OR PASTE. POP—UP ROTOR N.TS 01 FINISH GRADE PER PLANS NOTES: a. All THREADED CONNECTONS TO HAVE TEFLON TAPE OR 02 BACKFOW PER LEGEND PASTE POWDERCOAT GREEN, M. b. CONTRACTOR SHALL PROVIDE BACKFOW CERTFICATON. c. INSTALLATION SHALL CONFORM TO LOCAL CODES O 4" SUPPORTS, TYPICAL 04 BRASS FAR ELL, LINE SIZE 05 PVC PRESSURE SUPPLY LINE, SEE SPECIFICATIONS © FEMALE ADAPTER Q 18"%18"x MONOLITHIC CONCRETE THRUST BLOCK, M. Oe COPPER SxT ELL, BNE SIZE Q ME 'K. COPPER PIPE FROM WATER METER, LENGTH PER PLAN 1® 6" THICK CONCRETE W/ g4 0 12"0 C. EA. WAY SET 2" ABOVE `GIRRAAIDOE: EXTEND 4' BEYOND 11 gpp55 FIRLE71INGIH AS REO'D. 1© SENTRY HIGH SECURTY CAGE PER CONTRACTOR. SIZE AS REO'D. SUBMIT CUT SHEET FOR RENEW AND APPROVAL PRIOR TO PURCHASE OF ANY L I T T L E EQUIPMENT. PO'AOERCOAi GREEN, TYPICAL. REFER TO CITY STANDARD FOR ADDITIONAL INFO. ® COMPACT SUBGRADE 95% NlvEnslFlEn AnnHLTF c4unu coxsuulNc (4) 3/8° DIA, KB-TZ SS 3oa, Underground Service Ale 2-3/8° EMBEDMENT INSTAL PER ICC-ESR 1917 M. EA. CORNER msow,em celiBm�e TWO WORKING DAYS [a BEFORE YOU DIG t below. a�CallxmnLw, aie. ...,MRN.I."R NOTICE TO CONTRACTOR PUV" UNLESS 10 ASRM CONRA 1W NOTACAYAAD TTWMS A IGA RTW INN CONIRACALL Of AT LEAST AND CIBUINS 1 NO OA PRA NBO CO. CALL 8rr AT MAROiNU XUWfN'C 0./1T PPoCW i0 CMMENCWlO fXCAYAIiW. REVISIONS R VICE - WDscAn >- P= F�F' "'°""'°�"� W" " RRIGATI��ww DETAILS u—ut p�ON NWBEA OAIE DESCRIPTION APPROVID INBTALLID CENCIYARK N0.: X%-%ph%% BEY.: NNN.NN NAVDri W� UI M1HI. LAND. ARCIRTECT DE9RffD. ME DUYN: AT LTEDW. ME CABRILLO PARK RENOVATION OCR B REMEMD Pqt CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. m/2o22 PUBLIC WORKS AGENCY COrb1MICTlpI CCIPIE7ED: JA4011 PMbTEL I PRINCIPAL pNL B4RIE1]2 RCE N0.: 62938 CITY OF SANTA ANA SHEET 8 DP 12 ICI \ PLANTING NOTES: FRUIT ST ECI u c✓ v V fJ V �/ BW RECT VISES, ED O PRETF.TT-M-0LAEO EX PRSI TREES, DIP. almTEcr-MaAm IX uMN 1. (� �/ AREA ` V �ASPNAIi /�/1 PARKIND� I`/1`JI LET �X. CMJ SCRFIIT IX O11 SC%DI VAMIL TE Rowrti m REMAM, TIP. tPIm1ECT-EV PLA®\ TEIEVy� T- D / 1N00 co 00 00 00 00 ❑ .w ._� —_ _ ,' `[ �IX CMI RIMER VRLS m REM1M, TIP. aRolEcr-MaAvi O _�o �X% o D O �J ARFA O 0. aRu /'j TIDEvatA'X T N TREES, M. 'ECT-M-PLACED ASPNKr ° PULIGIN � LET r °` O LNIDSfNE ARFA j 00\BEN TIEEVAL ° \ o U �IX uWx� AREA IX PLAYFN.NI EXISTING SHRUB/GRASS PLANTINGS TO REMAIN, PROTECT -IN -PLACE °j �IXAreAn�� RE -MULCH NEEDED AFTER INSTALL OF NEW IRRIGATION. IX uvx^ E% /� E RISE \ ._ a EM RESIrIDI -Pp ��' ��U��1 xc P� �PAVEIENi� MATCHLINE-SEE SHEET LA-02 _ ..._ _: r REVISIONS RERERENCES4 IXUVM^ PENNISETUM SPATHIOLATUM L 0 SLENDER VELDT GRASS -o REFER TO PLANTIG SPECIFICATIONS FUR MORE NMRNA11ON REGARDING GXL PREP, RRTUZIxG, BACKFIu, PLANT SDECTOK, WARRANT ETC. ITIS THE CdV RESPONSIBWTY i0 NP RVNISH MATERIAL 1 GAL. ® 3D- O.C. OF D DEBTS A R TEAT Is FREE of PESTS u+D wscuE. A T N 1ERIAL 121O TOTAL THIS SHT.) AT THEGOTE 11 HED x0 REPLACEONAi x0 COSTriOATHE OWNER. ASE WLL BE J ONCE 1111 HAVE EN EIT111.111 Po TRACTOR SHALL DE REOUPW TO HAVE SGL SAMPLES TAOT 11 LTU LPERFS SXALL RExEA S.L RRTUttAAxD'NAKE 2COMNWDATOxS loft SO N (_0 BEE, FOLLOWED DURING CONSTRUCTION. THE L LOCATIONOF ALLTREES PRIOR UL IHHE APPROVED IN THE HEW BY B. " ""Ts IAoo FORDING FIBE_:R "" PLnxs. NI RNALLuµ-oz ALLDARK, EARIWOOD IIANF MUCH. ) ECO SOL PRIOR TORCxASE. xO ISERWDW'uATEIALIISBE AttEPrtVDLN� 'rn, 1 V / trn' VIHO"AGARTY TRUE LIFE IN MY DIRECTOR - TOM STALL TOM FEET " EACH UREIIIN FROM IF CENTEI I TBE TREE. PAN AGAVE ATTENUATTA L TRADES CONDTRucno'WMOREDSCHEDTO ABARRIER ECCCMPUSH _ONN,11 TO"CRERATI.NNS PER TIRE FOX TAIL AGAVE o E CONTRACTOR'S RESPo SIBITY To ENSURE VF DRUNADE 5 GAL. SPACED AS SHOWN Awnr EN ALL EVILEMO$ AND STRUCTURES, 2R MINPONn (63 TOTAL THIS SHT.) D IT"OBVID" THAT"' ON. oL` COM ONACO.,R"'� nYESLON COMP"TO S OTEY ARETHE TRAUIETO NOTFrE THE IF DSCO-DGENERAL O"FAIE REJECTIONREMOVAL, PPROPRATE PARTES COULD RESULT x THE AND REPLACEMENT OF Hx SHED WORK AT 10 COST TO THE OWNER. LANDSCAPE KEYNOTES: NEW SHOVEL CUT E. All INEW N IIKEOGrOkttLPIIN AFLONATCH AND EEPUR NANIRIME INFIELD Tw. HIBISCUS SPPP. L O O DWOR AnD INSTALL xsw __ AxD RE -ES "U" EDD of 'wR ELD. AFTER xEw IRRIGATION Is w PLACETPATCE ANDEREPAIR 0 BE DETERMINED BY CITY 15 GAL. -0 w% NEW SOD MATCHING UKE FOR URE. m. (5 TOTAL THIS SHT.) TREE PROTECTION NDTESI IXUVM^ 1,ALL EXISTING TREES WTUN ME PARK ARE TO BE PROTECTED -IN -PLACE, TYPICAL SALE HEAVY EQUIPMENT SHALL ONLY OPERATE OUTSIDE OF THE DRIPUNE(S) AND AVOID CONTACT NR ANY PART OF THE EXISTING TREES MROUGFOUT THE PARK. 3.N0 STOCKPILING OR SOIL CONPACTNG SHALL BE ALLOWED MTHIN THE DRIPLINES(S) OF EXISTING TREES MROUGJIOUT THE PARK. 4. ANY EXISTING TREE DAMAGED BY THE INSTALLATION OF THIS WORK SHALL BE REPLACED BY THE CONTRACTOR AT NO COST TO THE CITY IN COMPARABLE 48' BOX SPECIMEN. 5.ALL TRENCHING AND/OR DIGGING LNTHIN THE DRIPLINE(S) OF EXISTING TREES MROUGHOUT ME PARK SHALL BE DONE WTI HAND TOOLS. PATCH AND REPAIR NOTES, 1.ALL EXISTING LAWN AREAS WITHIN THE PARK ARE TO BE PROTECTED -IN -PLACE, TYPICAL. 2. WHERE TRENCHING FOR IRRIGATON OCCURS, CONTRACTOR SHALL BE REQUIRED TO PATCH AND REPAIR LAWN. PROVIDE AND INSTALL GRASS SEED IN ALL PASSIVE PLAY LAWN AREAS OUTSIDE THE BASEBALL DIAMOND. PROVIDE AND INSTALL SOD IN ALL AREAS WITHIN THE BASEBALL DIAMOND'S REM OF PLAY. 3. ANY EwSTNG LAWN AREAS DAMAGED BY THE INSTALLJ,FCN OF CONTRACTOR AT NO COST TO ME CITY PER THE REQUIREMENTS OURINED ABOVE. N F SCALE:1" = 20'-0" W E D 10 10 AO se La IITTL LO EUE CUOE. ARD.1 TURu mxE �uulM^ xEA UndergroundServlceAlert rotund celrvic \ BEFOREKYOU DG V ^� r" beION, K�"CBIIb PU,UW WWWWw"AMI n NOTICE TO CONTRACTOR IN ®® �j MATCHLINE--3EESHE iLA- 2 PURA/Mi' TO ASSEM6LY BELL ASIR MO EXCAVATION P T aac� EM x ��AATLEAST `NNoscAA W SENIOR L"r-AFEARGNECT M MORl W DAK MIX TO CD.IM®VCWO fXF/VATILSV. _ rere�� Z UABRILLO PANIRPRN RENOVATION - U DESI MIL DRAM: AT OEMED: ME CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. REMEMD FOR all M Z PUBLIC WORKS AGENCY JA" GNM PRNDP/1. OIL ENGINEER BEE NO.: 6sRee CITY OF SANTA ANA SHEET 9 DE 12 MATCHLINE - SEE SHEET LA-01 ED 77� 0 (� EXISTING SHRUB/GRASS PLANTINGS TO REMAIN, PROTECT -IN -PLACE RE -MULCH AS NEEDED AFTER INSTALL OF NEW IRRIGATION. Q ID 0 �J O v� J Q ° IT ° QC Q y �u uvx� \� Q AR� (\C Q � •�.�. kti }j \ s; C! 1 E14 IAVN IX uvn� FYLO REVISIONS _ MATCHLINE - SEE SHEET LA-01 _ _ _ _ _ ° " 4 — ) — — — — — .. — — Q 1 PLANTING NOTES: HCANDwc BIG ° ° uYN^ I IT"PaFP. FEaRAITUN BA...... PLANT suiMOREcnOrv°A1wAaanxtts. 11 M 2 li IS ME CCNIRACTCP'S RESPONS BILItt TO NUNm ATEREAL f0 M'O E FREE OF PEAR AND DOF TES ANY i REMOWD ND alPLACE SIGNS O TESTS O N°ERASE WI BE ° I }. ONGf POUCH GRADES HA OPED ESTABLISHED TO IAAF 1$PLANEPLANTING AREAS, KE1 IS MCONTRACTOR iN) um NAME ACRecuwSHALL REAM SNL aAL wl Aewn rzsrs ca°ucrm. PREPERATON PROT TO PLANI TxG MSUBMUT SULMTEST RESULTS RTO OWNR AID LANDSCAPE DUNNG AARCHURR THEIR REESCRDSRE. SUBMN ND ACEFOULOWSO C T M E ON2 P DE IN P HAVE OCESTRU YCH III II'� T I II s, 1Ec snEET IL-m FOR PLnxnnc DETALI IX LAMI� FMT I ` IX Lh1A1� PHHE LANDSGPE ARCHITECT PRIORCTI BE w'TNUTCH. Ix ME FIELD BY ° DID aa�TTAal ° R. sFF SHEETS IA -Di AND A - B ' FCR IRRIOAnary FLANS. /yJ / 4TNaRLf D1-PIAm `\� M SIALL BE DEC DARK AVAILABLE FROM EARNWUNNG GOIL AMENDMENTS OR PRAl. TE YEN To vANO DE 8. WHEREAxFREEISLOhDI'S1FEEOFANYPIING SURFACE IN 11 RCOTRCINSTALL IARRAEF IA ll.11 ME ALL 90EB DE PER EERIxOTEACH RE.lUr°VEDTEOUAL MODELSO LLUU-N-3. NSSEMBWL¶YAxO PnsinO P�RPMAxUFACNMR'S RECCUMENDATCHS AND L IT TRADES ME CCHmnCiOR' MI OxRFsaOxpEBICHUtt TOnC00RNG OgPExA"TIE xTM TIONS RMER CONSOUST SCH ° 9�: 5 GE `IR �'RA= aLLl o a ou; ,� A sTY TO w NPo MATERIALVE NA �vtY Y3 WHEN T IS OBwoiS MAT Uxxx°xi.' CCNDmOxs M GRADE v •' Q s ARUEL �N u'�w m�Iirt�c ai "Ri a , AND m ISO ^ REPLACEMENT OFF RISHED WORK ATT10 MST TO ME OWNER, vnL ES L BIG m L a Q LANDSCAPE KEYNOTES: 4vi¢La RED aRED .4 NEW SHOAD. UT EDGE. FEE, NdA ^ • PR�MDE INS CxIT LLL 11INFIELD MIx AND RE-ESTABLISH EDGE I>'.. O .:' ✓ \ xA A TER is IcauKe w uIN PlrocE. PATCH AxD REPAIR AFTER Naw ILINE RwAIR •„F::.. .:.'�': w/ NEW so0 MArcMATCHINGG �E F ATcx Ax FOR LAKE, TO.. rr Q O ENDAWN y..`, ;;;; ;•;' TREE PRDTECTIDN NOTES, 1. ALL EXISTING TREES W1MIN MEEPARK ARE TO BE '�'"" �• PROTECTED -IN -PLACE, TYPICAL. 2. AIL HEAVY EQUIPMENT SHALL ONLY OPERATE OUTSIDE OF ME ORISI NE(S) AND AVOID CONTACT WPM ANY PART OF ME E SING TREES THROUGHOUT THE PARK. 3.NO STOCKPILING OR SOIL COMPACTNG SHALL BE ALLOWED WMHIN ME DRIPLINES(S) OF EXISTING TREES THROUGHOUT ME PARK. All 4.ANY EXISTING RED DAMAGED BY ME INSTALLATION OF MIS } WORK SHALL BE REPLACED BY ME CONTRACTOR AT NO COST TO E%. LAVN ME CITY W1M COMPARABLE 48' BOX SPECIMEN. ME TRENCHING AND/OR DIGGING 'WITHIN ME DRIPUNE(S) OF TYP SEBNL� 20 MEENG TREES THROUGHOUT ME PARK SHALL BE DONE WPM HAND TOOLS, PATCH AND REPAIR NOTES, IX urx� FRLD O `NW08CAp �7F �TERA53FR' Wo - R 9y MIOIAFL IFLHf1ER - � U EWm FaR rAsaL cram ' �uvx aRLL� f1EL0 GRAIL flQ Wa: (DUMB 1. ALL E%ISEND LAWN AREAS IWIMIN ME PARK ARE TO BE Z PROTECTED -IN -PLACE, TYPICAL. O 2- RE TRENCHING FOR IRRIGATON OCCURS, CONTRACTOR SHALL r BE REWIRED TO PATCH AND REPAIR LAWN. PROMDE AND r INSTALL GRASS SEED IN ALL PASSIVE PLAY LAWN AREAS OUTSIDE Q ME BASEBALL DIAMOND. PRONDE AND INSTALL SOD IN ALL AREAS 'WITHIN ME BASEBALL DIAMOND'S FIELD OF PLAY C) 3. ANY EXISTING LAWN AREAS DAMAGED BY ME INSTALLATION OF -L THIS WORK SHALL BE PATCHED AND REPAIRED BV THE LV CONTRACTOR AT NO COST TO THE CITY PER ME REQUIREMENTS OUTLINED ABOVE. ¢ Z N F SCALE:1" = 20'-0" W E ¢ D iD sD 40 Y LITTLE��� onEDUID. aWCN.TeD .mxGOE O UndergroundServiceAlert mound ceW ic TWO WORKING DAYS49 Q BEFORE YOU DIG V vbelDw. H�Callxmnya, aiD. WM-wW _ n NOTICE TO CONTRACTOR n N WM51/ANT 10 ASSENaY6ftL A21a ND TAM AM PEaAT A VALID ALERT E THE CONTRA DARE CONTACTS AND CIBUINS r A DID A1£RT OpFEi NUM&F. CALL fil AT IFASi TWO cV WO,PlWIC DA/S MIX TO CCWIIHNW'D ERCAYAMAV. rere�� Q CABRILLO PANIRPRN RENOVATION CABRILLO PARK - CORNER OF CABRILLO PARK DR. & FRUIT ST. PUBLIC WORKS AGENCY CITY OF SANTA ANA SHEETIO OF 12 ELECTRICAL SPECIFICATIONS ELECTRICAL GENERAL NOTES ABBREVIATIONS AND DESCRIPTIONS CO11PRINT SNI BE TERM TO ME LOCATED "T". - TABLE uoote(AJ(I} wM Aw!1T LTECIRISAL ENX w PER % I ON tt IN rtFDE CONTRA"" m S XPLE uaz M1w/Ixw/Txw1 I ALL AMID CABLE �ff°XaxO�" OUR CRIU nDwArW NxALLMmAM)ED EEII U M AS S [Slip ON x A uAN MflSSw4 UNANNIAstx 'TO flu 0 I1 P DONE9 AND T. SHATT BE0 A' A BILLS THROMN TIT/wm STEEL DONS) RE ANN cTRIaL NETALLIS TURNG REMU 1H. TELEX "I urr OIacAL METxuo TDeMO DEMT) ro... =X" Lres`"Ea°VNDui ° ROD (I.), STEEL ORS) R L PA^10VIiU ALL s N"SSmRE °F CyOC OE} I . NWNON 1 ALLLS x7surv, XN1 BE AMME Y, NUI CHAD. EST ME USED RX"A' SHOUT BE iS oTUTLY ONI, APaI1ECi.°'THER� FwAVS, 0 ALL BE THPIC E& SONEOUIE u�ND TALL BADDE STZ Ix BY ry MAN m uL TXA AANNDNUE.A nX-1 IN SHALL El IALL HOT ME LESS THAN PENMN TLED HI I_ 2 IS TAN' 11 ELL ONES'"NC" TNN " , AD END XIIATC TO SIN AT ..EAIE —ENTRIES CALL. AS 11NAIDED 1. THEY RATED CRUNNSINT B04S Ww'wzix IAX ) FACE01 BUYS "UP, WC ss IIAOUNNY BALES (lx mhl/-/YNL/YA/ANS OEMC O r9 (mr .wEEAs) "G mIlATR1 o-LnT L (BBETT AAN'S INOAxE) iFs rPn (W11 a`BwisNi`Gu1e) S ffs 1-1/ 1-1 HOURANSOD AND Or NEMA ON ONS OnAT V2;CH 2VTo s I- I: IN LCDxDArvvY Wm NED ASTI. IT war« Ary W x DEC A AHE µeoias STALLeE sluD IN AXAXR,In ITS OTAL I. juo 1oz(C)E NEC TABLENTECIE LE # "lies"AND BE AED IN R S E LOM OF IS _CA DUCINKLE SHALL BE BY NO AL MUCCEIR LNATONAL CODES umµ7x�R[EWIRALLUIENISAaFFAULT 2 CONTRACTOR ro RIERY MP SETTINGSCoRM, BALLAST TAR'RCUNI IB U OF -METAL DEP S AGE RESUIRED DUE TO SUBSURFACE IMUN THE EEXAACCT-ONE01iS THE ELECTRICAL NFORK, AREU SW B' ST THE ISTACEARM ELECTRICALI'ACTORFAYBUTESE11 EXISTED STRUCTURE PRIOR TO DEMOUTCH FOR 16' BOuuDI5CA5C101AL (x��L5i5TPiCPAAs ffOUIREE, CONCRETE ALI�P,Rc GET"-°DATI HE EAFFECTING CE ALL PF "0"'A �N _ `GIBE pills) CONDUIT. MA ToLLnTpttiAID POPE. THE EUExi EOCAERnpi THE RIGHTT FIR EmOna u"AL vFaKD ' °" 4tlCIiDUIiE, F� AN AS THEA euiLliwc ca°nwnaiEUA°Br`oliTArz"t EM"Wq1COST ALL EOUIPUExi SxALL BE LISTED By A ptt ue (IERu�j "oanPPaavEo er ONEON SUED TRAD ON IN EITHER COUPLING ISIiCSSHEPR i0RtE5 AT LOCD URRpWxI EmAAOAPiE APFOGRESSES 4. DETAILS F CONSTRECITTOP AND OFAllv NA B AMENDMENTS i0 2019 CED A 19. E900E ALTO NMA HELE RSE METAL OUIU EEETALC DUiR PoSRE TRui9TONTWUIP RLSERS AT UTILITY PSUES SHALL µry ' CONSISTS �HAPSONEAoELE _ DESCRIBED HE EIN OR ED DATED ON TLE DRA,MOGS SD i BE SUBLECT To THE ENGINEERS PIROVAL IT IS THE INTSNT OF IE_& CNI O METAL CONDUIT SHILL NOT BE INSTALLED IN CONTACT I EARN o 4" n BOW FINISHED R 3G. PROVIDE AEATH o CLERAnCe°1E°SPEC.- LNG ORDER , RELY / AEDROFROM OFry R GRADE5, ExTEAIQR LOCAnp�S P INTERIOR LOCATIONIC SCRAP AND is let EPEMOKDSFROM ENS o or EY TxIS ALL s"clkeI 5� 31 ALL 019 CALIFOREBASED NIA 3TCONIL CODE. xpBLE THE RMTRAUP NL� 21. *LEDNDER 1"GCR.CEpAK SHALL BE E�tA.CSOL NIGANUFACIURED F - 5 1BSIEMS W 0 WIT AND kO EWAL AnO C1 1' OF DUST AIDreDIRTE PPORDMEN UFFIExi MIN FIREPROOF TARPAULINS iry wtiPPl"PAEA RTH"SSCAM DURING wVRK OPERATIONS. xG UTOR D OMPUElET CCUTS To ME aH ACCONUCE wm LBEININSA� 22.xW-M CAWCDPopO CONDUIT Sx ANEW TU [ try SIR�� wTH DL AS, AND NEMA 6TCW-4. 5 SHALL BE TECOXIES)CT FOR AL DMIHIMUY (s)NESLATED 9 COORDINATE NEW LOCAL NEUT, PANE(S)CONNECGQNS WI 0 M'0 NS [CEPORTRACTOR "SAPVEaG4ROvAIS, EEPMPIS OD nor—TALLIC 2A DC!nnfoFOPA nNEMA SOLCERM1n L CS sSo AND S_ CEMENMD E METS EAU' OR ENDS IRECED.URE EVER 11 ALL wCRa SHAF_LL BE GWUA AP MED TAF RE THE PER" C" S EADE"UD. ObEC°rESNEGREE FACTORYOE (5 OEGREEA`µRE TO ET' 90 12. GUNTRTRA OR 7S WORDIATE TE5DNG M1m 13. ALL wCR Wm STPoION ONES; EUD KOMI BYOnRC ME M°.1EU CNRETHAT. G E E�MTE LEE SBEEix a BWFORMANCE STATE OF ELEG,R, C HEESC E ENIHFORNC IUA (KEEN CODE. AND E GUEORNIA BUIIDING CODE. ALETMENEN "fiE�""CnKDIAMETER Y R OUR 0 YOI"VOLDmWINOMOGTME eTHE RRAREE AIL SVST* CUT JUR1 CM75 REWIRED FISH PROPER INCLUDE TRAINSFORMER TVS"MILIT A no NO FAILUS OR Rlpl 9 PERMITIFO BY NEC TABLE 2. CHAPTERSHALL APPLICABLE CODES 2C9 CALIFORNIA BUILDING ODE (CBC)CEG) CALIFORNIA GREEN BUILDING STANDARDS CODE SCOPE OF WORK ,OR UUN.EURUN OF NOB 'ENTREETER AD ALTERNATNI CURRIENT MCC MOTOR CONTROL CENTER AD AMPERES NZIPM1 ITY BIG PROTECT. AFF FNISHED ROOR ENU AEG ABOVE ABOVE FINISHED GRADE RED MNN WCS ONLY AF AMP AME/AMP FUSE MTO Mp1NTING Al aMPMSvnETH ATE AUTURATO TRANSFER SBITCH NO NL`AULY CLOSED A. AMERICU HIRE -GE NEC 11 ELECTRICAL M, NOT TO ONTEMAITCAT, CABLE TELEN". CWE SON CIRCUIT 0N NO NORMALLY OPEN RSER Go CCNDCALE CIRCUUiieONLLYY rem EN4HtW WILGORD AS OCANAL CABLE DEC OWNER WRNISIT ... INSTNLED WC� PC PN GO DIRECT CURRENT PIT PSE NET DISCRIEN— PLBG Wu91HG Or CURRENT TRANSFORMER "LLE"' CONTROL re DISCRIGUIECH SINTCHBOARO ARE PANEL OR POjNPOLL El EXHAUST SFU PS PDMH SENTRY EMERGENCY BATTERY UNIT ELEATOR Ott aMANTtt ETHERAIDN EMEREu EMEGENCvEEEV EMT EIECTRIMETAWC TU61uG ICE CIE R. NST.EX RE "BAC"IED STEEL ExISnNG FAHRENHEIT FA FIRE ALARM Se STANDRY E FURNITURE FEET. FINISHED FLOOR SDSPEC -DIE DITECTOR G 0 Gus OR '"RE SOT ED SC CHBOFRT ne SODARE FOOT CNEED GRIUND L RUADEFAUALT C OMIT INTExwUPRN EMOR SWEAR TEMP TEMPERATURE SIN TEMPORARY .CA 1ANG-GFF-AUTY T ISOL�ATEp GTRE IND ux0 UxLEff NOTED OmERvnff TI -BOX AINCTW BOX U CWWIi 'A VARIABLE FREWLNCE DRIVE HIT W KILO -WAIT ERE / MIGHTOv - IOS LAY SYMBOLS LIST GRAuapRWITNOMLNUN N/A" CWDUN 112GRE)UN D2FYOCT1815 EDDLITAL AND A CND/ HOT(5)MAR NS NWIT HIRING Wm LIN ELECTRICAL PANETBOARD Sheet List Table Sheet Number Sheet Title EN01 ELECTRICAL LEAD SHEET EA01 PARTIAL SIZE ELECTRICAL PLAN Underground Service Alert 01 Southern California w TWO WORKING DAYS BEFORE YOU DIG KNCaIbero,A elCA. I Y°U T ..DI9Mwtw9 NOTICE TO CONTRACTOR PURSUANT TO ASSEMBLY BILL 4216 NO EXCAVATION PERMIT IS ME UNLESS THE COAH-CTOR CONTACTS AND OBTAINS A M ALERT TICKET NUMBER CALL 811 AT LEAST W NYMKINI DAYS PRIOR TO COMMENCING EXCAVARON RobertJ. Hatch, P.E. OE,KNw000 DUE NO: REVISIONS R NCE PREPARED UNDER orE S,MGSI OATS D,2D21 ENOI E q�.� T , (j, NUMBER DALE A DESCRIPTION APPROYID INSTALLED BENCHMARK NO.: %%-X%X-X% EIEV.: NNN.NN• NA4DYY JAMES BRECK SENIOR LANDSCAPE ARCHITECT DESIGNED: ME DRAWN: AT CHECKED: ML CABRLLO P E1ON RENOVATION V O� / REHEw I) FOR coNSTRUCTMILm CABRILLO PARK — CORNER OF CABRILLO PARK DR. & FRUIT ST. AND RECOMMENDED FOR CONSTRUCTION'. PUBLIC WORKS AGENCY j QC� CONSTRUCTION COMPLETED: JASON GABRIEL PRINCIPAL DEAL ENGINEER GEE NO.: 62968 XX/YY Y CITY OF SANTA ANA SHEET 11 Or 12 TIDE NO REVISIONS rIEIECPtICAL ROOM APPROXIMATELOCATION Of{(N) IRREXIISTNG PANEL BOARD i0 EMP . O O 0 t ,+fit ° 1 ❑ / / \' PARTIAL SITE ELECTRICAL PLAN 11/2" = l'-O" GENERAL NOTES 1, CONTRACTOR SHALL WALK SHE AND FIELD VERIFY ALL REQUIREMENTS FOR ROUTING OF CONDUITS PRIOR TO BID. 2. CONTRACTOR SHALL EXERCISE CAUTION IN EXCAVATING AND TRENCHING ON MIS SIZE TO AVOID EXISTING DUCTS, PIPING, CONDUITS, ETC. AND SHALL PREMENT HAZARD TO PERSONNEL AND/OR DAMAGE TO EXISTING UNDERGROUND UTILITIES OR STRUCTURES. THESE DOCUMENTS ARE NOT RESPONSIBLE FOR THE LOCATION OF UNDERGROUND UTLITES OR STRUCTURES WHETHER OR NOT SHOWN, DETAILED OR INSTALLED BY MIS OR ANY OTHER CONTRACTS. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE OYMER IF UNFORESEEN CONDITIONS ARE DISCOVERED. THESE DRAWINGS AND SPECIFICATIONS DO NOT INCLUDE NECESSARY COMPONENTS FOR CONSTRUCPON SAFETY, 3- USE 3/4' CONDUIT (MINIMUM) AND #10 CONDUCTORS (MINIMUM) FOR ALL SITE WRING WORK. 4. REFER TO CEC TABLE 3DD-5 FOR MINIMUM CONDUIT BURIAL DEPTHS. 5. ALL YgRK SHALL BE VERIFIED AT MANDATORY PRE -BID JOB WALK. PLAN NOTES o 1. EMSTING IRRIGATION CONTROLLER TO BE DISCONNECTED AND REMOVED. REMOVE BRANCH ORCUIT WRING BACK TO SOURCE. 2. NEW PEDESTAL IRRIGATON CONTROLLER. REFER TO LANDSCAPE DRAWINGS FOR SPEGIFICATON. 3. PRONDE 3/4' — 2Al2 & 1J12 GROUND FROM PANEL BOARD TO NEW IRRIGATION CONTROLLER, CONDUIT SHALL BE ROUTED DOM WALL FROM PANEL TO EXISTING CORE THRU WALL, MRU WALL AND DOWN TO PLANER AREA, CONTINUE UNDERGROUND TO NEW IRRIGATION CONTROLLER AS SHOVM. CONNECT TO EXISTING SPARE CIRCUIT REMAINING AFTER DEMOLITION OF EASING IRRIGATION CONTROLLER. Underground Service All e � of Southern Californiaw O TWO WORKING DAYS BEFORE YOU DIG K�Chol s below. QIbefO,e you eIB. NOTICE TO CONTRACTOR a < 0 IS MUD !0 ASSEMBLY BILL TOR CO EXCAVATION PERMIT IPA UNLESS NE C0.NIRA OALL 811 ATL AND CWT NS A MG ALERT WCKET NUMBER CALL 81I AT LEAST iN0 WORKING GAYS PMOR TO COMMENCING EXCAVATION - Robert J. Hetch, P.E. 14 LE C LINWOOD f% c CABRILLOPP I ION RENOVATION CABRILLO PARK - CORNER OF CABRILLO PARK DR. & FRUIT ST. PUBLIC WORKS AGENCY CITY OF SANTA ANA SHEET 12 0E 12 � CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Marina Landscape, Inc. a e11I-a"�1�l0II11 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 Site Demolition (existing irrigation, misc demo) 1 LS $ ! j G�. rD $ r 2 ElectricaUController/Conduit/wiring 1 LS $ lct� o'a'D• � $ t 4-j b�'D . c o 3 Construct AC Paving (T=6") * 300 SF $ $ 4 Construct Concrete Surface (T=6") * 1000 SF $ $ 5 Baseball Infield Mix * 1,000 SF $ $ 6 New Sod adjacent to Baseball Infield (Kikuyu * 1,500 SF $ $ grass) 7 Hibiscus, 15 Gal * 5 EA $ $ 8 Shrub, 1 Gal * 350 EA $ $ 9 Shrub, 5 Gal * 150 EA $ GAD $ 2 NI ' 01 10 3" Thick Layer of Mulch 2000 SF $ $ 2�M.I" 11 Project Advertisement Sign 1 EA $ L/ S $ / fQP 6 _P 12 Irrigation Complete System 1 LS $ ��/, Sib• $ aS /, CZ. 13 Landscaping and Irrigation Maintenance 1 LS $ I' $ Period (90 Calendar Days) ! 14 As -Built Plans 1 LS $ 3,000 $ 3,000 City Council 15 — 18 P-1 of P-17 4/5/PA09age 4 of 12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION ADDENDUM NO. ONE Item Description Qty Unit Unit Price Amount 15 Construction Permit 1 LS $ 10,000 $ 10,000 16 Furnish and Install Temporary 6' tall Chain Link Fence to Secure the Park 1 LS $ /� $ (include ate) TOTAL BASE BID $ q-,6 11 W • Cb The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 sixty (60) working days after the commencement date stated in the Notice to Proceed plus ninety (90) calendar days for landscaping and irrigation maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Marina l Signature of BIDDER Title dscape, Inc. Hue Ta Vice President of Estimati (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 15 — 19 P-2 of P-17 4/5/ T1795e 5 of 12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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 of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the 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 MarirJ" JLan jscape, Inc. Signature of BIDDER I My/ X Hue Ta Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Marina Landscape, Inc. Robert B. Cowan - President, Secretary, CEO, Treasurer Ali Tavakoli - Vice President Ligia Keith - Chief Financial Officer Hue Ta - Vice President of Estimating City Council 15 — 20 4/5/2022 P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: Marina Landscape, Inc. Business Address: 3707 W. Garden Grove Blvd, Orange, CA 92868 Business E-Mail Address: estimator(a-)rnarinaco.com Telephone: 714-939-6600 State Contractor's License No. and Class: 492862 — A.B.C27.C29.C36.C61.D49.D License Expiration Date 6/30/2022 State Dept. of Industrial Relations (DIR) Registration No.: State Dept.Virayon ndustrial Relations (DIR) Registration Date: Signed: Hue Ta Title: Vic& President of Estimati 1000000079 6/30/2022 City Council 15 — 21 4/5/2022 P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION AILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and 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 Marina fi4d%cape, Inc. Signature of BIDDER 1_1 Hue Ta Title Vice PrKsident of Estimating (if an individual, so state) City Council 15 — 22 4/5/2022 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: '/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name L A-LI F License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Nv'Rl Name C— 9 S JNL License #/Exp. 3 DIR Reg. #/Exp. 166 r`.]? Location -OP—a A eA 9�2 17 Phone C/ Sl - i q(�2 Type Of Work -CLP'E C� Amount $ Name &ALI rc)MA F?tf(& IDt4AL tNV-fNE RlN i111c- Name License #/Exp. %1-11'&Z-/ M-36-2-623 License #/Exp. DIR Reg. #/Exp. 1��LQI6_ �3 DIR Reg. #/Exp. License # 7 q qn 7 License # Location 1 puF,'v � (�} al70? Location Phone �2 E , 23 16 j � 2,e Phone Type Of Work E/ Ce_TR/0,+/ Type Of Work Amount $ 1 Q, 0 142 - 60 Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ f Bidder Hue Tl� - Vice President of Estimating Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council 15-23 P-8 of P-17 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION REFERENCES 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 . Los Anaeles Conservation Corps - John Van de Kamp Center. 1400 N Sprina St. Los Anaeles. CA 90012 Name and Address of Owner. Carlos O. Campero - (213) 749-3601 x312 Name and Telephone Number of person familiar with project. $ 875,884 Improvements 3 acre park restoring habitat, 6/21/2021 Contract Amount wal . pe�T'MoA Date Completed 2. City of Downey - 11111 Brookshire Avenue. Downey, CA 90241 Name and Address of owner. Melanie Cazin -- (714) 318-3923 Name and Telephone Number of person familiar with project. $ 753,784 Irrigation & Landscape Contract Amount Type of Work 3. City of Irvine - 1 Civic Center Plaza, Irvine, CA 92606 Name and Address of owner. Brian D. Brown: 949-724-6474 Name and Telephone Number of person familiar with project. $ 456,243 Irrigation & Landscape Contract Amount Type of Work 7/15/2020 Date Completed 9/30/2018 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. BERKLEY INSURANCE COMPANY 23046 Avenida de la Carlota, Suite 600, Laquna Hills, CA 92653 _ (949) 887-6783 Matt Coats City Council 15 — 24 4/5/2022 P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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. 1. City of West Hollywood - 8300 Santa Monica Blvd, West Hollywood, CA 90069 Name and Address of Owner. Rafi Mouradian (818) 996-9666 x125 Name and Telephone Number of person familiar with project. $ 1,093,700 Irrigation & Landscape Contract Amount Type of Work 4/24/2020 Date Completed 2. LA Department of Parks and Recreation - 221 N Figueroa St, Los Angeles, CA 90012 Name and Address of owner. Nathan Stanley - (657) 276-3007 Name and Telephone Number of person familiar with project. $ 1,274,741 Irrigation & Landscape Contract Amount Type of Work 3. City of Tustin - 300 Centennial Way, Tustin, CA 92780 Name and Address of owner. Joann Wu. - (714) 573 - 3157 Name and Telephone Number of person familiar with project. 9/11/2017 Date Completed $ 4,618,982 Irrigation & Landscape 9/8/2019 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. : 1 111aW&ra160111 T_1HelX01•1nM_I0VA 23046 Avenida de la Carlota, Suite 600, Laguna Hills, CA 92653 City Council 15 — 25 4/5/2022 P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor 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. City Council 15 — 26 4/5/2022 P-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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, n anital status, or sex of such persons, except as provided in Section 1420, and any contractor ublic works violating this Section is subject to all the penalties imposed for a violation o C pter. Signed: Hue Ta Title: Vice P esident of Estimating Firm: Marina Landscape, Inc. Date: 1 /20/2022 City Council 15 — 27 4/5/2022 1'-13 of 111 i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 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 t ther contractors, except contractors not signatory to the trust agreement shall pay a like a t to the California Apprenticeship Council. Signed: Hue Ta Title: Vice rrosident of Estimating Firm: Marina Landscape, Inc. Date: 1 /20/2022 City Council 15 — 28 4/5/2022 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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 struction or repair of public work, to give up any part of the compensation to which he/she is 1{ revise entitled. Title: Vice President of Estimating Firm: Marina Landscaae. Inc. Date: 1 /20/2022 City Council 15 — 29 4/5/2022 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. City Council 15 — 30 4/5/2022 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/pwa/documents/CWARdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigne IDDER has reviewed the Public Works Construction Permit and required deposit describeU.,n f ection 2-2a and the Notice of Inviting Bids. Title: Vice Pr&ident of Estimatin Firm: Marina Landscape, Inc. Date: 1 /20/2022 City Council 15 — 31 4/5/2022 P-17 of P-17 Ftit Y� LY' N ao"M Marina Landscape, Inc. Resolution to Sign Contracts, Bid Documents and Bid Bonds A' No' Still Growing I ;n.Scape: cc si'uc icn 'aniscaf;e: r:,ain!e�,ar.r.c: ia��si::�f;e e.�c:F:.,,r•;:.lure EMS�C.:. t1 (Y.t:.rcI pr< cf, t!:: !.if Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2) Assistant Secretaries available to sign Documents, or in the absence of the President/CEO/Secretary, be it: Resolved, that the CFO, Vice Presidents, and Assistant Secretaries of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and on behalf of this Corporation. Resolved, that Hue Ta is assigned the title of Vice President of Estimating, and is authorized as such to sign Contracts, Bid Documents, and Bid Bonds, The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation on March 1, 2019, and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above -named Corporation this V day of March, 2019. Robert B. Cowan, Secretary Marina Landscape, Inc. MARWA LANDSCAPE, INC. 3707 W Garde c(l �ouric�range. CA92868-4803 r, 714.939.6600 ! 714.935 199 8iarinacocorn . License #492864/t �yQC36.D49.D59 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Hue Ta being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making 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. X❑ CORPORATION That he 'S fivi: arina Landscape, Inc. a corporation which is malting the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as ajoint venture. and the he/she has been and is duiy vested with the authority to execute instruments for an on behalf of the parties making said hid who are: that uch a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to s e any advantage against the City of Santa Ana or any person interested in the proposed cont or imself or any other person. Sian e of bidder Subscribed and sworn to before me this 20th day of January 20 22 Signature of officer Administering Oath (Notary Public) City Council 15 — 33 4/5/2022 P-b of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ora nge On January 31, 2022 before me, Date personally appeared Linh Tran, Public Notary Here Insert Name and Title of the Officer Hue Ta Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose name(O is/pro subscribed to the within instrument and acknowledged to me that he/z4eA+re7 executed the same in hisA4erM7efiauthorized capacityW, and that by his/he s) on the instrument the personal or the entity upon behalf of which the personD } acted, executed the instrument. *my LINHTiiA.N Notary Public - California Orange CountyCommission # 2375146 Comm. Expires Mar 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr p is true and correct. �, / WITNESS my hand and official seal. Signature Signature of Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: u Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General ❑ Individual —1 Attorney in Fact ❑ Trustee C Guardian or Conservator 7 Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — E Limited ❑ General ❑ Individual 1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City Council 15 — 34 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION BID BOND KNOW ALL PRESENT that, Manna Landscape, Inc. , as BIDDER, and Berkley Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, AGENCY, in the penal sum of _ Trn i�Cev,&- I b►d o�rra�tr� Dollars ($ 10% X >h& 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` ct in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, 17th day of January 20 22 . Subscribed and sworn to before me Signature: Notary Public in and for the County of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. City Council P-7 of P-17 15 — 35 4/5/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169 :Y",cS..i�.,�sycr,�c,�;x.�res>:cs�c-Y.,M�crcfiec�.cc>cf,�c�;c-�c�r,cccS.M,ssef�.o- c:csacc;�S.cr.;rcixr�ccscr„��c<cr�Y,eG�l',er.;rCrr�Y`.cresys 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 January 24, 2022 Date personally appeared before me, Linh Tran, Public Notary Here Insert Name and Title of the Officer Hue Ta Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personLsj whose named) is/pro subscribed to the within instrument and acknowledged to me that he/zheAht7 executed the same in hisA4em4he rauthorized capacityiyes), and that by his/heWtheifsigrtature(s) on the instrument the persor*, or the entity upon behalf of which the person* acted, executed the instrument. LINH TRAN _ Notary Public • California =� Orange County t. Commission # 2325146 t My Comm. Expires Mar 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragralph is true and correct. // WITNESS my hand and official seal. Signature Signature of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): ❑ Partner — !_' Limited General 'Individual El Attorney in Fact E Trustee ❑ Guardian or Conservator -, Other: Signer Is Representing: Number of Pages: Signer's Name: I Corporate Officer — Title(s): ❑ Partner — 1i Limited Ii General El Individual L, Attorney in Fact D Trustee CI Guardian or Conservator D Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City Council 15 — 36 4/5/2022 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :iaS..�...�.�l.nia'vaic�.r!ir.:.fi....e�.1.6..../..w�fi�ik�..�.:kn{;:li.�"-"n�eS.�:�.'.�.�ei:��?.JrS���.,i�:.i_i: i:i.:�'�.�.�i.�ti.`+"i �.. �f..i.�.�i'i.,rwi.�.".S^-T.':'.A i`ti.'�"(C..:.�.�s�.:iit+�is.4 ik��%•.1�..ti 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 JAN 17 2022 Date personally appeared before me, Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. — — SUMMED ER L. REYES Notary Public - California 4 Orange County Commission k 2339686 °�•"'� My Comm. Expires Dec 8, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n Signature Signatu` e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: i-1 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Partner — L] Limited ❑ General ❑ Individual ❑ Attorney in Fact Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: .�:zi::=G�z-r�,;�..;�:�c<—zz'�c;'2�;����;�;� c:. �z:��c.T-�''�.'"i:+-viz..;c;:�;;�;�¢.z*rz'�-�.+u:r-:{s'�'t�z;�•���('�.'+Z��.;: Oc2014 National Notary Association • \nrww.NationalNotary. org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City Council 15 — 37 4/5/2022 No. BI-7987d POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly — — organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Linda D. Coats; Matthew J. Coats; or Ryan Butterfas of Coats Suret , Insurance Services, Inc. of Laguna Hills, CA its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected _ officers of the Company at its principal office in their own proper persons. J _ J This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the ZLomanner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and _ further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, oi- other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN W1TNIESS LNR-IEREOF, the Company has caused these presents to, be sigmed and attested by its appropriate Officers anti its I. corporate seal hereunto affixed this )4wclay of ^ icy ; " at:at . Attest: 13erkl iance Cnmp,my { (Seatl By BYy��Tr. ederman Jc. aficrExecutive Vice President & Secretary Se ce resident f � WARNING: "CJITS POW1?.R 1N'VALID 1F NOT PRTNTED ON BLUE "l3ERKLEY" SECURITY PAPER. STATE OF CONNECTiCUT ) COUNTY OF FATRFTELD ) s Sworn to before me, is Notary Public is the State of Connecticut, this �"i'4^day of u QQa.l by Ira S. Lcdcrrn:ur and Jeffrey t.9. Ilaftcr who are sworn to me to be the L''YCCUiIVC Vice President.i c Secretat, and I Senior Vice President. ? _ respcctivcly, of Berklc}• lnsurancc Company. J ARIACRUNI AAKFUNO rARV 7,101il IC ' CONNECnCUT _ !. MY COMMISSION EXPIRES - APKIL30,2D24 OtalyPublic, Stale o.f Gounecticut _ CERTFF1CATE y 1, the undersigned, Assistant Secretary of BERKLEY INSUR-'iNCE COMPANY, DO HF:ItJ.EiY C'ERT'fFY that the Forcnuine, is a r true, correct and complete copy of the ori!_;inal Power of Attorney; that said Power of. Attonicy has not been revoked or rescinded ;Ind that the itodiorily cif the Attorney -in -Fact set forth therein, who executed the bond or uudcttaUig to which this Power of Attorney is attaelied, is in frill forceand effect its of this d;ite, ) 4- _ G.iven under my hand and seal of the Company, this I / clay of GV - — jSc;:l) _ Vuicent P. Torte _ _ City Council 15 — 38 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: T bove Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned Ath�i�aking a false certification may subject the certifier to criminal prosecution. Signed State of C, County of Subscribed and sworn to (or affirmed) before me on this day of , 20^, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City Council 15 — 39 4/5/2022 P-11 of P-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE § 1189 :Y`,cr.��.r�,�sc�'.4r�(`,c�-•crc�,ccic�`,coerce,crcGeroscrorc,C`,�ccYcS',cres,�Y',�.cY`,cryr,.crcrer.�r..c`.e<,�rc�',c{,,c�c',cec�,crs 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 January 24, 2022 Date personally appeared before me, Linh Tran, Public Notary Here Insert Name and Title of the Officer Hue Ta Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose namex is/Arg subscribed to the within instrument and acknowledged to me that he/sAeAt Tep executed the same in his44efOhetrauthorized capacity(jes), and that by his/ s) on the instrument the person;(aj°, or the entity upon behalf of which the personjsj acted, executed the instrument. UNH TRAN W� Notary Public • California _ Orange County F = My Commission H 2225146 Comm. Expires hoar 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragr�pF� is true and correct. /� // WITNESS my hand and official seal. Signature Signature of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited = General ❑ Individual El Attorney in Fact ❑ Trustee F7 Guardian or Conservator ❑I Other: Signer Is Representing: Number of Pages: Signer's Name: Cl Corporate Officer — Title(s): ❑ Partner — C Limited ❑ General ❑ Individual 1 Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 City Council 15 — 40 4/5/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-2727 CABRILLO PARK IRRIGATION RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 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 Marina Landscape, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Cabrillo Park Irrigation Renovation (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 Four Hundred Sixty Nine Thousand dollars and No Cents ($469,000.00), 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. City Council 15 — 41 4/5/2022 rev. 09/01/2017 Page 1 of 3 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 15 — 42 4/5/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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:i�„ JO (�HN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Marina Landscape, Inc. AME: T-A VA"ti TITLE: V &-e— City Council 15 — 43 4/5/2022 Page 3 of 3 CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Marina Landscape, Inc. a e11I-a"�1�l0II11 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 Site Demolition (existing irrigation, misc demo) 1 LS $ ! j G�. rD $ r 2 ElectricaUController/Conduit/wiring 1 LS $ lct� o'a'D• � $ t 4-j b�'D . c o 3 Construct AC Paving (T=6") * 300 SF $ $ 4 Construct Concrete Surface (T=6") * 1000 SF $ $ 5 Baseball Infield Mix * 1,000 SF $ $ 6 New Sod adjacent to Baseball Infield (Kikuyu * 1,500 SF $ $ grass) 7 Hibiscus, 15 Gal * 5 EA $ $ 8 Shrub, 1 Gal * 350 EA $ $ 9 Shrub, 5 Gal * 150 EA $ GAD $ 2 NI ' 01 10 3" Thick Layer of Mulch 2000 SF $ $ 2�M.I" 11 Project Advertisement Sign 1 EA $ L/ S $ / fQP 6 _P 12 Irrigation Complete System 1 LS $ ��/, Sib• $ aS /, CZ. 13 Landscaping and Irrigation Maintenance 1 LS $ I' $ Period (90 Calendar Days) ! 14 As -Built Plans 1 LS $ 3,000 $ 3,000 City Council 15-44 P-1 of P-17 4/5/PA09age 4 of 12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION ADDENDUM NO. ONE Item Description Qty Unit Unit Price Amount 15 Construction Permit 1 LS $ 10,000 $ 10,000 16 Furnish and Install Temporary 6' tall Chain Link Fence to Secure the Park 1 LS $ /� $ (include ate) TOTAL BASE BID $ q-,6 11 W • Cb The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 sixty (60) working days after the commencement date stated in the Notice to Proceed plus ninety (90) calendar days for landscaping and irrigation maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Marina l Signature of BIDDER Title dscape, Inc. Hue Ta Vice President of Estimati (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 15-45 P-2 of P-17 4/5/ T1795e 5 of 12 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-2727: Cabrillo Park Irrigation Renovation Construction Contract $ 469,000.00 Contract Administration, Inspection and Testing $ 71,000.00 Contingencies $ 47,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 587,000.00 City Council 15 — 46 4/5/2022 PROJECT TITLE: Cabrillo Irrigation Renovation PROJECT CATEGORY: Park Facility Improvements Park Facility LOCATION MAP N J = . s Park � � FF 2 BROW ST J w r CiR x N 6TH ST PARKCDl1RT PL Uzi CU?C1. L W Lu Y ] 4TH T CITY OF SANTA ANA FY 21/22 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION Design and installation of a new State of the Art Automatic irrigation system throughout the Cabrillo Park site. EXHIBIT 6 PROJECT NEED: The existing irrigation system is an old hydraulic system with a transit main line pipe. The system continually breaks down and is unreliable. Through the years, many of the irrigation heads have been replaced with the wrong nozzles that have compromised the efficiency of the watering in he park and creates many dry brown spots. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 319 143 TOTAL $ 319,143 SOURCE OF FUNDS FV 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 A&D District 2 319 143 _ TOTAL $ 319,143 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Jason Gabriel, Principal Civil Engineer 5 Apr-2022 City Council 15 – 47 4/5/2022 Public Works Agency https://www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Industrial Streets (Phase 1) Water and Sewer Improvements AGENDA TITLE Approve Appropriation Adjustments, Budget Reallocation, and Award a Construction Contract to SRK Engineering, Inc. in the Amount of $3,024,538 for the Industrial Streets (Phase 1) Water and Sewer Improvements Project, with an Estimated Project Delivery Cost of $4,050,000.00 (Project Nos. 21-6452 & 21-6456) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prior -year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward, and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $840,000 of prior -year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment to recognize $175,000 of prior -year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carry Forward revenue account, and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an appropriation adjustment to recognize and transfer $1,200,000 from the Special Gas Tax Interfund Transfer account to the Select Street Construction Interfund Transfer account and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 5. Award a construction contract to SRK Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,024,538 for construction City Council 16 — 1 4/5/2022 Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022 Page 2 of the Industrial Streets (Phase 1) Water and Sewer Improvements Project, for the term beginning April 5, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 6. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,050,000, which includes $3,024,538 for the construction contract, $453,681 for contract administration, inspection and testing, $150,000 for water engineering, and a $421,781 project contingency for unanticipated or unforeseen work. 7. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $2,325,000 in construction funds for the Industrial Streets (Phase 1) Water and Sewer Improvements Project. DISCUSSION Public Works Water Resources staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The water main, as well as sewer laterals, on Santa Fe Street, Wilshire Avenue, and Borchard Avenue have been identified for replacement (Exhibit 1). The improvements include new polyvinyl chloride (PVC) water main, fire hydrants, water services, sewer laterals, appurtenances, asphalt concrete pavement, and traffic striping. Once completed, water service reliability and general service quality will improve significantly. In addition, the potential for disruption due to water main breaks will be substantially reduced. After the bidding period closed, staff reviewed the bids received per standard operating procedure. Upon review of the bid submitted by the apparent low bidder, staff discovered the bid did not conform with the bidding specifications. Additionally, a bid protest was received within the bid protest period. The City Attorney's Office evaluated the bid protest, along with staff's findings, and concluded to elect not to waive the apparent low bidder's bid deviation, as the deviation was not minor or inconsequential. Therefore, the apparent low bidder's bid is deemed non -responsive and staff recommends awarding to the next lowest responsive bidder. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 28 and November 4, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on December 2, 2021. City Council 16 — 2 4/5/2022 Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022 Page 3 The City notified a total of 623 regional vendors via PlanetBids, 20 of which are Santa Ana based. Fifty-five vendors requested bidding documents. A total of five bids were received. However, no bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 SRK Engineering, Inc. Escondido $3,024,538.00 2 Big Ben, Inc. Irvine $3,688,260.00 3 CEM Construction Corp. Montebello $3,800,587.50 4 Colich & Sons L.P. Gardena $4,246,237.00 Of the five bids received, four were deemed responsive. SRK Engineering, Inc. submitted the lowest responsive base bid, in the amount of $3,024,538.00 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to SRK Engineering, Inc., in the amount of the base bid totaling $3,024,538.00 (Exhibit 3). SRK Engineering, Inc. has not performed previous work in the City of Santa Ana as a prime contractor; however, they are currently a subcontractor on the Main Street Water and Sewer Improvements (Project Nos. 21-6451 & 21-6461). Under this construction contract, SRK Engineering, Inc. will be performing work as a prime contractor. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following: construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,050,000.00. Project Item Total Construction Contract $3,024,538.00 Construction Administration, Inspection, Testing $453,681.00 Contingencies $421,781.00 Water Engineering $150,000.00 TOTAL CONSTRUCTION DELIVERY COST $4,050,000.00 City Council 16 — 3 4/5/2022 Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022 Page 4 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-79 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,050,000 which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested appropriation adjustments will recognize sufficient funds to complete the funding to deliver the project (Exhibit 5). • Recognize and utilize remaining bond proceeds from water bonds up to $110,000 of prior year fund balance from Water Utility Water Division Capital, Prior Year Carry Forward revenue account (No. 06617002-50001), and appropriate the same amount to the Acquisition & Construction, Water Bond Capital Projects, Water Capital Project expenditure account (No. 06617620-66301) • Recognize $840,000 from Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301) • Recognize $175,000 from Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account (No. 05417002-50001) and appropriate the same amount to the Sanitary Sewer Capital, Capital Recovery Charges, Improvements Other Than Building expenditure account (No. 05417647-66220) • Recognize $1,200,000 fund balance in the Special Gas Tax, Prior Year Carryforward account (No. 02917002-50001) and transfer from the Special Gas Tax Interfund Transfer account (No. 02917019-68000-059) to the Select Street Construction Interfund Transfer account (No. 05917002-59000-029) and appropriate the same amount into the Select Street Construction Fund, Improvements Other Than Building expenditure account (No. 05917663-66220). The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed. Fiscal Accounting Unit Fund Accounting Unit — Year — Account No. Description Account No. Amount Description Prior Authorized Funds Capital Recovery 2021-22 05417647-66220 Sanitary Sewer Charges, $225,000 (21-6452) Capital Improvements Other Than Building City Council 16 — 4 4/5/2022 Industrial Streets (Phase 1) Water & Sewer Improvements April 5, 2022 Page 5 2021-22 06617647-66301 Acquisition & Water Utility Capital Projects, Water $1,500,000 (21-6456) Construction Capital Project Appropriation Adjustments 2021-22 06617620-66301 Acquisition & Water Bond Capital Projects, Water $110,000 (21-6456) Construction Capital Project 2021-22 06617647-66301 Acquisition & Water Utility Capital Projects, Water $840,000 (21-6456) Construction Capital Project Capital Recovery 2021-22 05417647-66220 Sanitary Sewer Charges, $175,000 (21-6452) Capital Improvements Other Than Building Select Street 2021-22 05917663-66220 Select Street Construction, $1,200,000 Construction Improvements Other Than Building TOTAL: $4,050,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2021-22 Capital Improvement Program Sheets Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 5 4/5/2022 Exhibit 1 SANTA ANA PW1 Project Nos. 21-6452 & 21-6456: I Industrial Streets (Phase 1) PUBLIC WORKS AGENCY \AI-.L-- 0 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: SRK Engineering 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 Mobilization (max. 5% of total bid) 1 LS $ 140,000 $ 140,000 2 12" Class 305 (DR 14) C900 PVC 2400 LF $ 250 $ 600,000 Pipe 3 1" Copper Water Service 34 EA $ 5,600 $ 190,400 4 2" Copper Water Service 4 EA $ 9,000 $ 36,000 5 4" Fire Service 2 EA $ 7,500 $ 15,000 6 6" Fire Service 3 EA $ 10,500 $ 31,500 7 8" Fire Service 1 EA $ 14,000 S 14,000 8 12" Resilient Wedge Gate Valve 4 EA $ 4,400 $ 17,600 9 16" Butterfly Valve 1 EA $ 17,500 $ 17,500 10 16" Line Stop 2 EA $ $ 33,000 66,000 11 16" x 12" Hot Tap 2 EA $ 22,500 $ 45,000 12 Fire Hydrant l EA $ 17,200 $ 17,2000 13 Fire Hydrant with Protective Curb 6 EA $ 18,000 $ 108,000 and Posts 14 Sewer Lateral and Cleanout (Open 29 EA $ 8,250 $ 239,250 Trench) uty uouncll l b — I 4/b/2U21 P-1 of P-18 CITY OF SANTA ANA ADDENDUM NO. 1 PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 CCTV Inspection of Existing Sewer Main 2,200 LF $ 3 $ 6,600 16 CCTV Inspection of New Sewer Lateral 29 EA $ 300 $ 8,700 17 Vertical Offset (As -Needed)* 3 EA $ 5,000 $ 15,000 18 Additional Potholing (As -Needed)* 10 EA $ 750 $ 7,500 19 Unclassified Excavation 3,500 CY $ 90 $ 315,000 20 Asphalt Concrete 4,920 TN $ 90 $ 442,800 21 Asphalt Rubber Hot Mix (ARHM) 1,590 TN $ 100 $159, 000 22 Cold Mill (2") 40,870 SF $ 1 $ 40,870 23 PCC Sidewalk (T=4") 340 SF $ 12 $ 4,080 24 PCC Curb Ramp* 800 SF $ 16 $ 12,800 25 PCC Cross -Gutter 2,850 SF $ 15.50 S 44,175 26 PCC Longitudinal Gutter 4,550 LF $ 33 $ 150,150 27 Adjust Manhole Frame and Cover 7 EA $ 1,875 $ 13,125 28 Remove Existing Bollard 8 EA $ 411 $ 3288 29 Project Advertisement Sign 2 EA $ 2,500 $ 5,000 30 Stormwater Biofiltration System 1 LS $ 150,000 $ 150,000 31 Signing & Striping 1 LS $ 7,000 $ 7,000 32 SWPPP (Risk Level 2) 1 LS $32,000 $ 32,000 33 Construction Permit 1 LS $20,000 $20,000 34 As -Built Plans 1 LS $50,000 $50,000 City Council 16-8 4/5/2022 P-2 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS TOTAL BASE BID $ 3,024,538 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 seventy-five (75) 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 $8,000 per calendar day. Name of Firm SRK Engineering Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 16 — 9 4/5/2022 P-3 of P-18 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NOS. 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER & SEWER IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 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 SRK Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Industrial Streets (Phase 1) Water & Sewer Improvements (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 Three Million Twenty -Four Thousand Five Hundred Thirty -Eight Dollars and No Cents ($3,024,538.00), 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. City Council 16 — 10 4/5/2022 rev. 09/01/2017 Page 1 of 3 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 16 — 11 4/5/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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: , %N! I� JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: SRK Engineering, Inc. SHERRY R. KIRKPATRICK President City Council 16 — 12 4/5/2022 Page 3 of 3 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: SRK Engineering 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 Mobilization (max. 5% of total bid) 1 LS $ 140,000 $ 140,000 2 12" Class 305 (DR 14) C900 PVC 2400 LF $ 250 $ 600,000 Pipe 3 1" Copper Water Service 34 EA $ 5,600 $ 190,400 4 2" Copper Water Service 4 EA $ 9,000 $ 36,000 5 4" Fire Service 2 EA $ 7,500 $ 15,000 6 6" Fire Service 3 EA $ 10,500 $ 31,500 7 8" Fire Service 1 EA $ 14,000 $ 14,000 8 12" Resilient Wedge Gate Valve 4 EA $ 4,400 $ 17,600 9 16" Butterfly Valve 1 EA $ 17,500 $ 17,500 10 16" Line Stop 2 EA $ $ 33,000 66,000 11 16" x 12" Hot Tap 2 EA $ 22,500 $ 45,000 12 Fire Hydrant 1 EA $ 17,200 $ 17,2000 13 Fire Hydrant with Protective Curb 6 EA $ 18,000 $ 108,000 and Posts 14 Sewer Lateral and Cleanout (Open 29 EA $ 8,250 $ 239,250 Trench) City Council 16 — 13 4/5/2022 P-1 of P-18 CITY OF SANTA ANA ADDENDUM NO. 1 PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS Item Description Qty Unit Unit Price Amount 15 CCTV Inspection of Existing Sewer Main 2,200 LF $ 3 $ 6,600 16 CCTV Inspection of New Sewer Lateral 29 EA $ 300 $ 8,700 17 Vertical Offset (As -Needed)* 3 EA $ 5,000 $ 15,000 18 Additional Potholing (As -Needed)* 10 EA $ 750 $ 7,500 19 Unclassified Excavation 3,500 CY $ 90 $ 315,000 20 Asphalt Concrete 4,920 TN $ 90 $ 442,800 21 Asphalt Rubber Hot Mix (ARHM) 1,590 TN $ 100 $159, 000 22 Cold Mill (2") 40,870 SF $ 1 $ 40,870 23 PCC Sidewalk (T=4") 340 SF $ 12 $ 4,080 24 PCC Curb Ramp* 800 SF $ 16 $ 12,800 25 PCC Cross -Gutter 2,850 SF $ 15.50 S 44,175 26 PCC Longitudinal Gutter 4,550 LF $ 33 $ 150,150 27 Adjust Manhole Frame and Cover 7 EA $ 1,875 $ 13,125 28 Remove Existing Bollard 8 EA $ 411 $ 3288 29 Project Advertisement Sign 2 EA $ 2,500 $ 5,000 30 Stormwater Biofiltration System 1 LS $ 150,000 $ 150,000 31 Signing & Striping 1 LS $ 7,000 $ 7,000 32 SWPPP (Risk Level 2) 1 LS $32,000 $ 32,000 33 Construction Permit 1 LS $20,000 $20,000 34 As -Built Plans 1 LS $50,000 $50,000 City Council 16 - 14 4/5/2022 P-2 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6452 & 21-6456 INDUSTRIAL STREETS (PHASE 1) WATER AND SEWER IMPROVEMENTS TOTAL BASE BID $ 3,024,538 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 seventy-five (75) 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 $8,000 per calendar day. Name of Firm SRK Engineering Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 16 — 15 4/5/2022 P-3 of P-18 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 21-6452, 21-6456: INDUSTRIAL STREETS (PHASE 1) WATER & SEWER IMPROVEMENTS Construction Contract $ 3,024,538.00 Contract Administration, Inspection and Testing $ 453,681.00 Contingencies $ 421,781.00 Water Engineering $ 150,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 4,050,000.00 City Council 16 — 16 4/5/2022 EXHIBIT 5 PROJECT TITLE: Industrial Streets Water Main Improvements Phase 1 PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Water Improvements LOCATION MAP N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will replace aging water distribution pipelines and related appurtenances including fire hydrants and valves along Wilshire Ave and Borchard Ave, west of Grand Ave L ir IPROJECT NEED: Replacement of obsolete water mains to ensure system reliability and to protect water quality. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 2,450,000 - - - - - - TOTAL 2,450,000 - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 WATER BOND CAPITAL 110,000 - - - - - - PROJEC WATER CAPITAL 2,340,000 TOTAL 2,450,000 - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Water Resources Armando Fernandez, Senior Civil Engineer 11-Mar-2022 City Council 16 — 17 4/5/2022 PROJECT TITLE: Industrial Streets Sewer Main Improvements Phase 1 PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Sewer Improvements LOCATION MAP A N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will replace existing deteriorated and over capacity sewer mains, and related sewer assets, such as manholes and laterals. F OJECT NEED: s project is required to maintain effective operation of the City's itary sewer system, eliminate sewer main obstructions, reduce er maintenance requirements, and prevent sewer spills. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 400,000 - - - - - - TOTAL 400,000 - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 SEWER 400,000 - - - - - - TOTAL 400,000 - - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Water Resources Armando Fernandez, Senior Civil Engineer 11-Mar-2022 City Council 16 — 18 4/5/2022 PROJECT TITLE: Industrial Streets Pavement Improvements Phase 1 PROJECT CATEGORY: Street Improvements Curb, Gutter, Sidewalk Improvements LOCATION MAP N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project will reconstruct the pavement along Wilshire Avenue, Borchard Avenue, and Santa Fe Streets, north of Edinger Avenue and west of Grand Avenue. PROJECT NEED: This project is required to address streets that have been identified as a priority by the City's Pavement Management System. The pavement is deteriorating due to weather, age, and heavy usage. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1,200,000 - - - - - - TOTAL 1,200,000 - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 GAS TAX 1,200,000 - - - - - - TOTAL 1,200,000 - - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Water Resources Robert Aguirre, Senior Civil Engineer 11-Mar-2022 City Council 16 — 19 4/5/2022 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Residential Street Repair Program AGENDA TITLE Award a Construction Contract to Diamond Construction & Design in the Amount of $738,611 for Construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, with an Estimated Project Delivery Cost of $1,025,924 (Project No. 22-7533) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $1,025,924 in Community Development Block Grant (CDBG) funding. 2. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $738,611, for construction of the Residential Street Repair Program FY 2021-22 Project - Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch, for the term beginning April 5, 2022 and ending upon project completion; and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,025,924, which includes $738,611 for the construction contract, $110,791 for contract administration, inspection and testing, and a $176,522 project contingency for unanticipated or unforeseen work. DISCUSSION The City's Pavement Management System has identified Residential Street Repair Program Fiscal Year 2021-22 Richland Street from Flower Street to Van Ness Street, Highland Street from Broadway to Main Street, and Camile Street from Ross Street to Birch Street as high -priority road pavements in need of rehabilitation (Exhibit 1). The pavements are deteriorating due to weather, age, and heavy use. The improvements included in this project include localized concrete pavement reconstruction, replacing City Council 17 — 1 4/5/2022 Residential Street Repair Program April 5, 2022 Page 2 damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps, and sealing cracks to prevent deterioration from water infiltration. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance on both locations. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 10 and January 18, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on January 31, 2022. The City notified a total of 941 regional vendors via PlanetBids, 47 of which are Santa Ana based. Forty vendors requested bidding documents. A total of six bids were received. However, no bids were received from Santa Ana contractors. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Diamond Construction & Design La Habra $738,611.00 2 All American Asphalt Corona $754,177.00 3 Vido Samarzich, Inc. Rancho Cucamonga $938,800.00 4 Hardy & Harper, Inc. Lake Forest $1,025,000.00 5 EBS General Engineering, Inc. Corona $1,083,129.00 6 Excel Paving Co. Long Beach $1,216,463.00 All six bids received were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $738,611 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Diamond Construction & Design, in the amount of the base bid totaling $738,611 (Exhibit 3). Diamond Construction & Design has not performed previous work for the City of Santa Ana. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following: construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, City Council 17 — 2 4/5/2022 Residential Street Repair Program April 5, 2022 Page 3 workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,025,924. The construction bids came in lower than anticipated and the contingency was increased accordingly. This will allow additional street improvements to be completed beyond the anticipated scope. Project Item Total Construction Contract $738,611.00 Construction Administration, Inspection, Testing $110,792.00 Contingencies $176,522.00 TOTAL CONSTRUCTION DELIVERY COST $1,025,924.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-122 was filed for the project. Additionally, a National Environmental Policy Act (NEPA), Environmental Review was conducted and was determined that project was Categorically Excluded (Not Subject to 58.5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,025,924, which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the amendment to the Fiscal Year 2021-22 Capital Improvement Program which will officially incorporate this project into the program. Funding in the amount of $1,025,924 is available from Community Development Block Grant (CDBG) funds from the approved Fiscal Year 2021-22 CDBG funding plan to deliver this project. All Funds are available for expenditure in Fiscal Year 2021-22, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit -Account Year Account No. Description No. Description Amount (Project No.) 13518783-66220 Community CDBG Programs, 2021-22 (22-7533) Development Improvements Other $1,025,924 Block Grant Than Buildings Total $1,025,924 City Council 17 — 3 4/5/2022 Residential Street Repair Program April 5, 2022 Page 4 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Amended FY 2021-22 CIP Project Street Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 17 — 4 4/5/2022 ir SANTAANA Project No. 22-7533. u Pi Residential Street Repair Program PUBLIC WORKS AGENCY CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-7533 RESIDENTIAL STREET REPAIR PROGRAM FY 21-22 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design 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* 300 CY $ 48 $ 14,400 2 Removal of 6" PCC at 800 CY $ 56 $ Various Locations* 44,800 3 Construct 6" PCC with (3- 800 CY $ 500 $ day) Cure including Dowels 400,000 4 Aggregate Base* 2,300 TN $ 40 $ 92,000 5 Crack Seal with Deere Super 13,000 LF $ 0.45 $ Gray* 5,850 6 PCC Sidewalk (4")* 2,700 SF $ 14 $ 37,800 7 PCC Curb and Gutter (Type 600 LF $ $ A-2-6)* 48 28,800 8 PCC Cross Gutter* 500 SF $ 50 25,000 9 PCC Curb Ramp* 1,800 SF $ 23 $ 41,400 10 PCC Driveway Approach* 900 SF $ $ 28 25,200 11 Root Shave* 8 EA $ $4,000 500 12 Adjust Sewer and Drainage 1 EA $ 1,250 $1 250 Manhole to Finished Grade* ' 13 Furnish and Install Water 5 EA $ $ Valve Frame and Cover to 575 2,875 Finished Grade* City Council 17 — 6 4/5/2022 P-1 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-7533 RESIDENTIAL STREET REPAIR PROGRAM FY 21-22 Item Description Qty Unit Unit Price Amount 14 Project Advertisement Sign 1 EA $ 1,300 $ 1,300 15 Signing and Striping 1 LS $ 3,936 $ 3,936 16 Construction Permit 1 LS $10,000 $ 10,000 TOTAL BASE BID (Items 1-16) $ 738,611 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 (45) 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 $2,600 per calendar day. Name of Firm Diamond Construction & Design Signature of BIDDER Title General Parner (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 17 — 7 4/5/2022 P-2 of P-17 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-7533 RESIDENTIAL STREET REPAIR PROGRAM This CONSTRUCTION CONTRACT is made and entered into this 5th day of April, 2022 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 Diamond Construction and Design (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Repair Program (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 Seven Hundred Thirty Eight Thousand Six Hundred Eleven Dollars and No Cents ($738,611.00), 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. City Council 17 — 8 4/5/2022 rev. 09/01/2017 Page 1 of 3 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: hqp://www.santa-ana.ora/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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 17 — 9 4/5/2022 Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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: JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Diamond Construction and Design NAME: Stelian Onufrei TITLE: General partner City Council 17 — 10 4/5/2022 Page 3 of 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-7533 EXHIBIT RESIDENTIAL STREET REPAIR PROGRAM FY 21-22 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design 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* 300 CY $ 48 $ 14,400 2 Removal of 6" PCC at 800 CY $ 56 $ Various Locations* 44,800 3 Construct 6" PCC with (3- 800 CY $ 500 $ day) Cure including Dowels 400,000 4 Aggregate Base* 2,300 TN $ 40 $ 92,000 5 Crack Seal with Deere Super 13,000 LF $ 0.45 $ Gray* 5,850 6 PCC Sidewalk (4")* 2,700 SF $ 14 $ 37,800 7 PCC Curb and Gutter (Type 600 LF $ $ A-2-6)* 48 28,800 8 PCC Cross Gutter* 500 SF $ 50 25,000 9 PCC Curb Ramp* 1,800 SF $ 23 $ 41,400 10 PCC Driveway Approach* 900 SF $ $ 28 25,200 11 Root Shave* 8 EA $ $ 500 4,000 12 Adjust Sewer and Drainage I EA $ 1,250 $1 250 Manhole to Finished Grade* ' 13 Furnish and Install Water 5 EA $ $ Valve Frame and Cover to 575 2,875 Finished Grade* City Council 17 — 11 4/5/2022 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-7533 RESIDENTIAL STREET REPAIR PROGRAM FY 21-22 Item Description Qty Unit Unit Price Amount 14 Project Advertisement Sign 1 EA $ 1,300 $ 1,300 15 Signing and Striping 1 LS $ 3,936 $ 3,936 16 Construction Permit 1 LS $10,000 $ 10,000 TOTAL BASE BID (Items 1-16) $ 738,611 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 (45) 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 $2,600 per calendar day. Name of Firm Diamond Construction & Design Signature of BIDDER Title General Parner (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 17 — 12 4/5/2022 P-2 of P-17 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-7533: Residential Street Repair Program Construction Contract $ 738,611.00 Contract Administration, Inspection and Testing $ 110,791.00 Contin encies $ 176,522.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 1,025,924.00 City Council 17 — 13 4/5/2022 PROJECT TITLE: Residential Street Repair Program PROJECT CATEGORY: Street Improvements Neighborhood Street Rehabilitation LOCATION MAP A N CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project entails the rehabilitation of existing roadway pavement for local streets. The project will include the removal and replacement of existing concrete streets. Various replacement pavement strategies will be investigated to determine the most cost effective and maintainable treatment. Minor concrete repair to severely damaged or missing curbs, gutters, sidewalks, and wheelchair ramps will also be included. Work in FY 22-23 will focus on the Heninger Park Neighborhood. PROJECT NEED: The local street network has 316 miles citywide. In 2007 the City embarked on an extensive citywide improvement plan to rehabilitate and slurry seal the majority of the network. By the end of 2015, the City has completed rehabilitating all asphalt residential streets and currently working toward improving all residential concrete streets. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1,025,925 - - - - - - TOTAL 1,025,925 - - SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CDBG Programs 1,025,925 - - - - - - TOTAL 1,025,925 - - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Gilbert Castillo, Senior Engineer 15-Mar-2022 City Council 17 — 14 4/5/2022 Public Works Agency Finance and Management Services www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: City Hall 3rd Floor Tenant Improvements AGENDA TITLE Award a Construction Contract to Allinone Construction, Inc. in the Amount of $427,051.62 for the City Hall 3rd Floor Tenant Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $576,519.94 (Project No. 22-1401) (General Fund) RECOMMENDED ACTION 1. Award a construction contract to Allinone Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $427,051.62, for construction of the City Hall 3rd Floor Tenant Improvements Project, for the term beginning May 2, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $576,519.94, which includes $427,051.62 for the construction contract, $64,058.00 for contract administration, inspection and testing, and $85,410.32 of project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $576,519.94 in construction funds for City Hall 3rd Floor Tenant Improvements Project (Project No. 22-1401). DISCUSSION Facilities at City Hall and the Ross Annex are currently undergoing floor renovations (Exhibit 1). To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 3rd Floor of City Hall is outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non-loadbearing interior partitions, and ceiling finishes. Once completed, these improvements will enhance not City Council 18 — 1 4/5/2022 City Hall V Floor Tenant Improvements April 5, 2022 Page 2 only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on November 23 and November 30, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on January 27, 2022. The City notified a total of 886 regional vendors via PlanetBids, 44 of which are Santa Ana -based. There were 105 vendors who requested bidding documents. A total of four bids were received. However, no bids were received from any Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Allinone Construction, Inc. La Habra $427,051.62 2 Elegant Construction, Inc. Irvine $629,000.00 3 Rhome Profile Construction Bellflower $829,792.00 4 MBC Enterprises, Inc. Westminster $855,000.00 All four bids were deemed responsive. Allinone Construction, Inc. submitted the lowest responsive base bid in the amount of $427,051.62 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Allinone Construction, in the amount of the base bid totaling $427,051.62 (Exhibit 3). Allinone Construction has not performed any work in the City of Santa Ana within the past five years. Staff is confident this contractor will perform and produce quality work for the city. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes the following: construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $576,519.94. City Council 18 — 2 4/5/2022 City Hall V Floor Tenant Improvements April 5, 2022 Page 3 Project Item Total Construction Contract $427,051.62 Construction Administration, Inspection, Testing $64,058.00 Contingencies $85,410.32 TOTAL CONSTRUCTION DELIVERY COST $576,519.94 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-9 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $576,519.94 which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the amendment to the Fiscal Year 2021-22, Capital Improvement Program will officially incorporate this project into the program (Exhibit 5). The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit - Year Account No. Description Account No. Description Amount (Project No.) 01110110-66200 General Finance/Management 2021-22 (22.1401) Fund Services -Accounting, $576,519.94 Building Improvement Total $576,519.94 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Sheet Submitted By: Nabil Saba, P.E., Executive Dir - Public Works Agency and Kathryn Downs, Executive Dir - Finance & Management Services Approved By: Kristine Ridge, City Manager City Council 18 — 3 4/5/2022 EXHIBIT 1 EXHIBIT 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ALLINONE CONSTRUCTION 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 22-1401 - Santa Ana City Hall - 1 LS $ $ Third Floor - Tenant 355,051.62 355,051.62 Improvements 2 As -Built Plans 1 LS $10,000 $ 10,000.00 3 Construction Permit I LS $10,000 $ 10,000.00 TOTAL BASE BID $375,051.62 ADD ALTERNATES 1 Additional Painting & Flooring I LS $ $ LS 36,000.00 $ 36,000.00 2 Additional Ceiling Replacement 1 $ 16,000.00 16,000.00 TOTAL ADD ALTERNATE BID $ 52, 000.00 TOTAL COST (BASE BID + ADD ALTERNATES) $427, 051.62 City Council P-1 of P-1f — 5 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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. 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 sixty- (60)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 $1,020 per calendar day. Name of Firm ALLINONE CONSTRUCTION INC. Signature of BIDDER Jam} Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-2 ofP-1V — 6 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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 of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the 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 ofFirm ALLINONE COSNTRUCTION INC. Signature of BIDDER—i Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-3 of P-IV — 7 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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: ALLINONE CONSTRUCTION INC. Business Address: 1070 S. CYPRESS ST. #C LA HABRA CA 90631 Business E-Mail Address: AIO@AIOCOnst.com Telephone: 714-889-9745 State Contractor's License No. and Class: License Expiration Date: 1033862 , B 12/31 /2023 State Dept. of Industrial Relations (DIR) 1000054442 Registration No.: State Dept. of Industrial Relations (DIR) 6/30/2023 Registration Expiration Date: Signed: Title: President City Council P-4 of P-1V — 8 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and 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 ALLINONE CONSTRUCTION INC. Signature of BIDDER Title President (if an individual, so state) City Council P-5 ofP-1V — 9 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS OWNERSHIP AFFIDAVIT A notary public or other officer completing this certificate verifies only the identity of the individual STATE OF CALIFORNIA } who signed the document to which this certificate COUNTY OF ORANGE )SS,,. is attached, and not the Iruthfulness accuracy. or CITY OF SANTA ANA validity of that document. -vr C)�uq _ , being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making 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. F-� CORPORATION That he is of. President of ALLINONE CONSTRUCTION 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 to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. r Signature of Bidder Subscribe artd-swo before me this day of 20 �Z Signatur cer A Bring Oath (Notary Public) s` r CINDY E. HOISINGTON k=* Notary Public - California x Orange County b �c r• My Commission ; 2381044 Comm. Expires Nov 28, 2025 City Council P-6 ofP-11-P — 10 4/5/2022 Bond No.: CMGB00012853 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS BID BOND KNOW ALL PRESENT that, Allinone Construction, Inc. , as BIDDER, and Argonaut Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Their Greatest Amount Bid Dollars ($10% of 7rieir a A.B, ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this ___Zqtb_ day of Jan , 20_a. BIDDER* Allinone Construction, Inc., 1070 S. Cypress St. #C, La Habra, CA 90631, (714)889-9745 i SURETY* 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364, (866)363-2642 Subscribed aid sworn to before me See Attached this "I day of 20Z� Signature: Notary Public in and for the County of C) FLW C, , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document. '•. CINDY E. HOISINOTON Notary Public - California Orange County Commission # 2381044 my Comm. Expires Nov 28, 2025 City Council P-7 of P 1q — 11 4/5/2022 Bond No.: CMGB00012863 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under$a laws ofthe State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: f w V. � 1 Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above; tv make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertak ings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of S 15.000.000A0 This Power of Attorney is granted and is signed and sealed under and by the authority of the foltowing olutivn adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice PN'sdent. Secrdary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of fitcsimilc signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the givers power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bondundenakinbs and conll,icts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its affiiciul.scal to be hereunto affixed and these presents to be signed by its duly authorized officer on the i st day of June, 2021. %wool Argonaut Insurance Company STATE OF TEXAS COUNTY OF HARRIS SS: On this Ist day of June, 2021 &D SEAL; by: 1948 '•�.I �* INN•'• befomc nte, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, Joshua C. Betz Senior Vice President came THE ABOVE OFFICER OF TI IF COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged that execu[ion of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal of ixed to (lie preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TES ONY W-HMFOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. vF,Ut%1Lun `'ri) . `-' jj-k j a„ KATHLEEN M MEEKS NOTARY PUBLIC STATE . E TEXAS MY COMM. EXP. 07/15/25 NOTARY ID 557908-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 26th day of January 2022. off., t9ae r Y s James Bluzard Vice President -Surety City COUP 1C:I I 11 HAVE QUESTIONS ON AUTHENTICITY OFjVIS I ffUMENT CALL (833) 820 - 913741512022 13741512022 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 day of G , 20 2-L' by Stacey Garcia 2"} proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. T y..a.abUC S ._ER50N Af� i.`JCAS RATTEASON Notary Pubtit • California Los Angeles County _ Comm;ssion # 2752364 My comm. fx�m,-i tsar 11, 2625 �1 (Seal) Signature City Council 18 — 13 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ItzRoyalty Construction Inc. License #/Exp. 1081675 DIR Reg. #/Exp. 1000827558 Location 1070 S. CYPRESS ST. LA HABRA CA 90631 Phone 714-904-4188 Type Of Work Framing, Drywall, Paint, Plumbing, Ceiling, Cabinets Amount $ $220,000.00 Name Costruction Hardware Co. License #/Exp. DIR Reg. #/Exp. License # 515824 Location P O BOX 2587 POMONACA 91769 Phone 909-594-9093 Type Of Work Door, Door Hardware Amount $ 09/30/2023 6/30/2024 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder 08/31 /2023 1000000757 6/30/2022 $33,750.00 Name Wakeland Electric License #/Exp. 1063245 02/29/2024 DIR Reg. #/Exp. 1000580743 6/30/2023 Location 18510 Pasadena Street Suite G Lake Elsinore, CA 92530 Phone 951-399-0987 Type Of Work Electrical Amount $ $79,600.00 Name Division Ten Sinage Inc. License #/Exp. 02/28/2022 DIR Reg. #/Exp. 1000008553 6/30/2022 License # 832623 Location 584 MANZANA WAYSAN DIEGO, CA 92139 Phone (619) 741-8267 Type Of Work Signage Amount $ $5500.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ City Council P-8 ofP-11P— 14 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS REFERENCES 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. 1. UCLA HEALTH (26585 Agoura Road 2nd Floor Imaging Center) Project 947796.01 Name and Address of Owner. Jake Morales Project Manager (562)879-3079 Name and Telephone Number of person familiar with project. 1.4 Million Framing, Drywall, Suspended Ceiling, Plumbing 11/8/2020 Contract Amount Type of Work Date Completed 2. UCLA HEALTH (26585 Agoura Road Common Area Improvements) Project 944126.01 Name and Address of owner. Jake Morales Project Manager (562) 879-3079 Name and Telephone Number of person familiar with project. 94,140.05 Drywall, Patch, Paint 1/17/2021 Contract Amount Type of Work Date Completed 3. UCI (NELSON AUDITORIUM AND TAMKIN F-108 RENO Name and Address of owner. Jake Morales Project Manager (562)879-3079 Name and Telephone Number of person familiar with project. 73,000 Contract Amount Framing, Drywall, Paint, Demo 9/23/2018 Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Culbertson Bonding 5500 E Santa Ana Canyon RoadSuite 201Anaheim Hills, CA 92807 Office: 714-921-0530 CONTRACTOR MANAGING GENERAL INSURANCE AGENCY, INC 20335 VENTURA BLVD., SUITE 426, WOODLAND HILLS, CA 91364 PHONE # 666-363-2642 City Council P-9 of P-1V — 15 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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. 1. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. City Council P-10 ofP-1f — 16 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL - THIRD FLOOR - TENANT IMPROVEMENTS 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 cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 0116N-46 e' cc!luicate verifies only the identity of the individual vrho signed the document 10 which this certificate is attached, and not the truthfulness accuracy, or validity of that document. Subscribed and sworn to (or affirmed) before me on this X1 day of t 20 , by h t M Su ue- KI t!!N proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me ry P :nature Notary Public Seal CINDY E. HOISINGTON ±' Notary Public - California Orange County Commission # 23810414 "•:,. My Comm. Expires Nov 28, 2025 City Council P-11 ofP-1$— 17 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor 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. City Council P-12 ofP-1$ — 18 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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 public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: President Firm: ALLINONE CONSTRUCTION INC Date: / / •2C'z.2� City Council P-13 ofP-J� — 19 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 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 other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: President Firm: ALLINONE CONSTRUCTION INC Date: 1 (/.h 1 -7c z--Z' City Council P-14 ofP-J� — 20 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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 otherwise entitled. Signed: Title: President Firm: ALLINONE CONSTRUCTION INC. Date: I / Z L' � ;Z, City Council P-15 ofP-I§ — 21 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS 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. City Council P-16 of P-1� — 22 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.orp-/Rwa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: President Firm: ALLINONE CONSTRUCTION INC. Date: l 1 -2, City Council P-17 of P-1$ — 23 4/5/2022 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1401 Santa Ana City Hall -3`d Floor Tenant Improvement This CONSTRUCTION CONTRACT is made and entered into this 51h day of April, 2022 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 ALLINONE CONSTRUCTION (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Santa Ana City Hall 3rd Floor Tenant Improvement (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts 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 four hundred twenty-seven thousand fifty one dollars and sixty-two cents $427,051.62 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. City Council 1 of 318 — 24 4/5/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1401 Santa Ana City Hall-3dFloor Tenant Improvement 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.orglpwa/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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses. including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; r tier, City Council 2 of 318 — 25 4/5 022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1401 Santa Ana City Hall -3`d Floor Tenant Improvement of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 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 JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: -NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Company: ALLINONE CONSTRUCTION NAME: Title: President City Council 3 of318 — 26 4/5/2022 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ALLINONE CONSTRUCTION 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 22-1401 - Santa Ana City Hall - 1 LS $ $ Third Floor - Tenant Improvements ,355,051.62 355,051.62 2 As -Built Plans 1 LS $10,000 $ 10,000.0.0 $ 3 Construction Permit 1 LS $10,000 10, 000.00 — TOTAL BASE BID $375,051.62 ADD ALTERNATES l Additional Painting & Flooring 1 LS $ $ 36,000.00 36,000.00 2 Additional Ceiling Replacement 1 LS $ $ 16,000.00 16,000.00 TOTAL ADD ALTERNATE BID $ 52, 000.00 TOTAL COST (BASE BID + ADD ALTERNATES) $427,051.62 P-1 of P-17 City Council 18 — 27 4/5/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1401 SANTA ANA CITY HALL — THIRD FLOOR - TENANT IMPROVEMENTS The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be 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 RVIPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) wanking 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 $1,020 per calendar day. Name of Firm ALLINONE CONSTRUCTION INC. Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. if a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-17 City Council 18 — 28 4/5/2022 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1401: Santa Ana City Hall -3rd floor TI Construction Contract $ 427,051.62 Contract Administration, Inspection and Testing $ 64,058.00 Contingencies $ 85,410.32 TOTAL ESTIMATED CONSTRUCTION COSTS $ 576,519.94 City Council 18 — 29 4/5/2022 IPROJECT TITLE: City Hall Third Floor Tenant Improvements IPROJECT CATEGORY: City & Park Facility Improvements Municipal Facilities AGENCY: Public Works CITY OF SANTA ANA FY21/22CIP CAPITAL IMPROVEMENT PROJECT WORKSHE PROJECT DESCRIPTION: Selective demolition and installation of existing non -bearing interior partitions, electrical, finish ceiling, finishes, and plumbing fixtures. PROJECT COSTS FY 21/22 FY 22/23 FY 23124 Construction 576,520 - - TOTAL 576,520 SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 General Fund 576,520 - TOTAL 576,520 1 ■ DIVISION: C/P Engineering EXHIBIT 5 PROJECT NEED: Facilities at City Hall and the Ross Annex are currently undergoing floor renovations. To minimize the impact to daily operations of our employees and the general public, work has been programmed to take place in phases. The existing facility on the 3rd Floor of City Hall is outdated and some materials are beginning to show signs of deterioration and need of replacement. This project will include updating lighting, plumbing fixtures, finishes, demolition and installation of non -bearing interior partitions and ceiling finishes. Once completed, these improvements will enhance not only the physical aesthetics of the floor but also keep our facility in compliance with the latest building codes and the American Disability Act. FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 24125 FY 25126 FY 26/27 FY 27/28 CONTACT: DATE: Mike Ortiz, Senior Civil Engineer 21-Mar-2022 City Council 18 – 30 4/5/2022 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Amend Agreement for Grant Writing Services AGENDA TITLE Amend Agreement with Engineering Solutions Services, Inc. for Grant Writing Services by an Additional $75,000 for the Remainder of the Agreement Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Engineering Solutions Services, Inc. for grant writing services to increase the agreement amount by $75,000, for a total annual amount not to exceed $182,500 for the remainder of the term expiring August 15, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On August 15, 2017, at the conclusion of a competitive bidding process, the City Council awarded a three-year agreement, with the provision for one two-year renewal options, to Engineering Solutions Services, Inc. (ESS) to provide grant writing services for the Public Works Agency. Since the award of the agreement in 2017, ESS has helped the City secure over $5,350,000 in grant funding for Public Works projects. In addition to grant writing, ESS has been instrumental in assisting staff in meeting reporting requirements, and providing clarification and guidance in administrative activities associated with the funding sources. As more funding opportunities have become available in the last two years, the Public Works Agency has enlisted the assistance of ESS in exploring potential grants and low- cost loans to assist in the development or completion of several Public Works projects. Currently, ESS is assisting the Water Resources Division in seeking over $50M for future projects. Staff recommends amending the agreement with ESS to increase the funding amount for the remainder of the term in order to explore future funding opportunities and maintain the critical services being provided to ensure the City continues to meet grant funding requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 19 — 1 4/5/2022 Amend Agreement with Engineering Solutions Services, Inc. April 5, 2022 Page 2 FISCAL IMPACT Funding for the requested increase to the agreement of $75,000 is budgeted and available for expenditure in the current fiscal year and will be subsequently budgeted as reflected below: Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account # Description Account Description Water Administration & 2021-22 06017645-62300 Water Engineering, Contract $67,500 Services -Professional Water Administration & 2022-23 06017645-62300 Water Engineering, Contract $7,500 Services -Professional Total $75,000 EXHIBIT(S) 1. Agreement with Engineering Solutions Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 4/5/2022 FIRST AMENDMENT TO AGREEMENT WITH ENGINEERING SOLUTIONS SERIVCES, INC., FOR GRANT WRITING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 5, 2022, by and between Engineering Solutions Services, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2017-224 ("Agreement") dated August 15, 2017, to retain Consultant to provide on -call water and sewer programs grant writing services for the City of Santa Ana's Public Works Agency. B. The Agreement was extended on June 8, 2020 and is current and in -effect through August 15, 2022. C. The parties now wish to amend the Agreement to increase compensation. The Parties therefore agree: 1. Section 2, Compensation, is hereby amended to increase the total sum available to be expended under this Agreement from $107,500 to $182,500.00. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second 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 CITY OF SANTA ANA KRISTINE RIDGE City Manager ENGINEERING SOLUTIONS SERVICES, INC. By: B on Salvatierra Sudi Shoja Deputy City Attorney PE Principa [signatures continued on next page] City Council 19 — 3 4/5/ R of RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency City Council 19 — 4 4/5/ M of Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Real Property Acquisition for Fairview Bridge Replacement and Street Improvements AGENDA TITLE Authorize a Purchase Agreement in the Amount of $980,000 for Real Property Acquisition for Fairview Bridge Replacement and Street Improvements (Property Owners: Sergio De Leon and Laura De Leon) (Project No. 15-6827) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase agreement with property owners Sergio De Leon and Laura De Leon for the property acquisition and goodwill (if any) for the real property located at 2507-2509 W 9t" Street (APN 405-213-14) in the amount of $980,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Fairview Street is classified as a north -south major arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving Fairview Street from 9th Street to 16t" Street has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting. Construction is anticipated to begin in Spring 2023. The recommended property acquisition (Exhibit 1) is necessary to accommodate the line of sight for vehicles entering Fairview Street from 9t" Street. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2). ENVIRONMENTAL IMPACT On June 16, 2020, the City Council approved the Fairview Street Initial Study/Mitigated Negative Declaration (IS/MND) Statement (SCH No. 2020249015). City Council 20-1 4/5/2022 Real Property Purchase Agreement — Fairview Street Bridge April 5, 2022 Page 2 FISCAL IMPACT Funds in the amount of $980,000 are budgeted and available in the Fairview Street Improvements Project (No. 15-6827) for property acquisition expenditures in FY 2021-22 as follows: Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description Measure M Measure M2 Competitive 2021-22 03217663-66100 Street Construction Street, Improvements $735,000 Other Than Building Select Street Gas Tax HUTA 2103, 2021-22 05917663-66100 Construction Improvements Other $245,000 Than Building TOTAL $980,000 EXHIBIT(S) 1. Location Map 2. Purchase Agreement — APN 405-213-14 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 2 4/5/2022 EXHIBIT 1 12TH ST WASHINGTON AV 11TH ST 1OTH ST 4V 9TH ST 2507 & 2509 W. 9th Street 10TH ST 9TH ST CIVIC CENTER ❑R ir SANTAANA Project No. 15-6827. PWA Fairview Bridge Replacement and Street �CY PUBLIC WORKS AGENCY Improvements (9t" Street to 16t" Street) PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on , 2022, 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, Sergio De Leon and Laura De Leon, 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 2507 and 2509 West 9th Street, Santa Ana, CA 92703) (APN: 405-213-14) 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 Fidelity National Title, 4400 MacArthur Blvd., Suite 200, 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 $980,000 (Nine Hundred Eighty Thousand Dollars) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. City Council 20 — 4 4/5/2022 4. Escrow. City agrees to open an escrow at the office of Fidelity National Title, 4400 MacArthur Blvd., Suite 200, 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. 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, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of $980,000 (Nine Hundred Eighty Thousand Dollars). 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; City Council 20 — 5 4/5/2022 (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 the 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 the 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 the close of escrow. 8. 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/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. 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. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, 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. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. City Council 20 — 6 4/5/2022 13. 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 of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants 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 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. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2507 West 9th Street, Santa Ana, CA 92703. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. 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. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is: (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -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 C it'y ouncil _ 4 ntory), (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 seg. (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 seg. (42 U.S.C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. 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. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. City Council 20-8 4/5/2022 25. Compliance with Federal Laws. a. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3. b. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. 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 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. [signature blocks appear on next page] City Council 20 — 9 4/5/2022 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Sergio De Leon)and Laura De Leon, husband and wife as joint tenants Date: Z ` 7-2 , 2022 Sergio De Leon f�aa;'C0 Date: — z , 2022 Laura De Leon CitylBuyer: City of Santa Ana Date: , 2022 Kristine Ridge City Manager Attest: Date: 12022 Daisy Gomez City Clerk Approved as to Form: 0,64 ahu, ft6ej Date: 2022 Jo M.Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: 2022 Nabil Saba Executive Director Public Works Agency City Council 20 — 10 4/5/2022 EXHIBIT "A" LEGAL DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1 OF TRACT NO. 2980, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGES 18 AND 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE EASTERLY 2 FEET. ALSO EXCEPT A SPANDREL SHAPED PARCEL OF LAND BOUNDED ON THE EAST BY THE WEST LINE OF THE ABOVE MENTIONED PARCEL 1, BOUNDED ON THE SOUTH BY THE SOUTHERLY LINE OF SAID LOT 1; AND BOUNDED NORTHWESTERLY BY THE ARC OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND BEING TANGENT TO SAID EAST AND SOUTH BOUNDARIES. Assessor's Parcel Number: 405-213-14 City Council 20 — 11 4/5/2022 EXHIBIT "B" (Fidelity National Realty) GENERAL ESCROW PROVISIONS City Council 20 — 12 4/5/2022 GENERAL PROVISIONS 1. DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's escrow and/or sub escrow account prior to disbursement of any funds. Only wire -transferred funds can be given immediate availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks. Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an interest bearing account by signing and returning the "Escrow Instructions - Interest Bearing Account", which has been provided to you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general escrow trust accounts, which include both non -interest bearing demand accounts and other depository accounts of Escrow Holder, in any state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions") and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of California. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates. Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the maintenance of such general escrow trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services, accommodations or other benefits by the depository institution. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. Escrow Holder or its affiliates also may elect to enter into other business transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account to the parties to this escrow for the value of such services, accommodations, interest or other benefits. Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest -bearing account. All disbursements shall be made by check of Fidelity National Title Company. The principals to this escrow are hereby notified that the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation. Any instruction for bank wire will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires. In the event there is insufficient time to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON -INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. 2. PRORATIONS AND ADJUSTMENTS All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed in writing. You are to use information contained on last available tax statement, rental statement as provided by the Seller, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3. SUPPLEMENTAL TAXES The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this or a previous escrow transaction. Any supplemental real property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS OR REFUNDS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4. UTILITIES/POSSESSION Transfer of utilities and possession of the premises are to be settled by the parties directly and outside escrow. 5. PREPARATION AND RECORDATION OF INSTRUMENTS Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall mean the date instruments are recorded. 6. AUTHORIZATION TO FURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements, to the Real Estate Broker(s) and Lender(s) named in this escrow. 7. RIGHT OF CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall, within two (2) working days thereafter, deliver, one copy of such notice to each of the other principals at the addresses stated in this escrow. UNLESS General ProvisiQ fty Council 20 — 13 Printe4:/5W2212:00 AM by JK E1000076 (DSI Rev. 05/19/17) Page 1 WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DELIVERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the principals' mutual written instructions, or by final order of a court of competent jurisdiction. 8. PERSONAL PROPERTY No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow. 9. RIGHT OF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. If such right is exercised, all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow, forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It is not your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to insurance agent at close of escrow. Further, there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s) upon expiration or otherwise keep it in force either during or subsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly by the principals, and outside of escrow. 11. ACTION IN INTERPLEADER The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise. 12. TERMINATION OF AGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise, the fees and charges due Fidelity National Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically). 13. CONFLICTING INSTRUCTIONS Upon receipt of any conflicting instructions, you are to take no action in connection with this escrow until non -conflicting instructions are received from all of the principals to this escrow (subject to sections 7, 9, 11 and 12 above). 14. DELIVERY/RECEIPT Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail, email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due to the undersigned may be delivered to the contact information shown herein. All notices, change of instructions, communications and documents are to be delivered in writing to the office of Fidelity National Title Company as set forth herein. 15. STATE/FEDERAL CODE NOTIFICATIONS According to Federal Law, the Seller, when applicable, will be required to complete a sales activity report that will be utilized to generate a 1099 statement to the Internal Revenue Service. Pursuant to State Law, prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is located, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same at close of escrow. 16. NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C., Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer_ Fidelity National Title Comfy will not determine nor aid in the dPtPrminatinn of whether the FIRPTA General ProvisiQ fty Council 20 — 14 Printe4:/5W2212:00 AM by JK E1000076 (DSI Rev. 05/19/17) Page 2 withholding provisions are applicable to the subject transaction, nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the transaction. Fidelity National Title Company will not determine nor aid in the determination of whether the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any documentation from the buyer or seller on the buyer's behalf for the purpose of supporting a claim of an exception or exemption. Fidelity National Title Company is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment of this tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the buyer. Fidelity National Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced statute. The buyer is advised: they must independently make a determination of whether the contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or other expenses that may be due on the subject transaction; and they are responsible for the completion of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title Company is not tax or legal advice and should not be construed as such nor treated as a complete representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to determine any and all implications of the referenced statute. 17. ENCUMBRANCES Escrow Holder is to act upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of a discrepancy between the information furnished Escrow Holder and any amount later determined to be correct shall be settled between the parties direct and outside of escrow. You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the policy of title insurance called for in these instructions. If for any reason my account is not debited for such amounts at the time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them. 18. ENVIRONMENTAL ISSUES Fidelity National Title Company has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow. Fidelity National Title Company is released of any responsibility and/or liability in connection therewith. 19. USURY Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this escrow and is hereby released of any responsibility or liability therefore. 20. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to these instructions. 21. FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same for all escrow instruction purposes and the closing of escrow as if they bore original signatures. "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. 22. CLARIFICATION OF DUTIES Fidelity National Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto. Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder. The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties. 23. FUNDS HELD IN ESCROW When the company has funds remaining in escrow over 90 days after close of escrow or estimated close of escrow, the Company shall impose a monthly holding fee of $25.00 that is to be charged against the funds held by the Company. General ProvisiCky Council 20 — 15 Printe4:/5W2212:00 AM by JK E1000076 (DSI Rev. 05/19/17) Page 3 THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Fidelity National Title Company conducts escrow business under a Certificate of Authority No. 305350 issued by the California Department of Insurance. General Provisiq ft i nc robe 20 _ 16 E10000102 (DSI Rev. 12/09/16) Page 1 Printe4-/5W2212:00 AM by JK Escrow No.: JODYTEST-008-JK Public Works Agency www.santa-ana.org/pw Item # 21 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Assistance with Outreach Campaigns and Collateral Materials for Public Works Agency Projects and Programs AGENDA TITLE Approve an Agreement with Straightline Communications, LLC for Marketing and Graphic Art Services in an Amount Not to Exceed $600,000, for a Five -Year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Straightline Communications, LLC to provide as -needed assistance with development of outreach campaigns and collateral materials for performing community outreach and engagement leading to the effective delivery of projects and programs in an amount not to exceed $600,000 for a three-year term beginning April 5, 2022, and expiring April 4, 2025, with an option of one two-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency recognizes the importance of community outreach as well as effective communications and branding throughout the city. Community outreach is essential in keeping the public informed of projects that impact residents and businesses, and engage the community. The outreach project campaigns include, but are not limited to, critical announcements on infrastructure impacts, initiative programs such as the Neighborhood Block Transformation Contest, on -going educational programs, community events and meetings, social media and website content, and marketing and advertising materials. The value of consistent outreach to the community is priceless. Approval of this item will allow the City to retain a marketing and graphic art services consultant to provide effective outreach strategies and materials for Public Works projects. The selected consultant shall provide, at the request by staff, marketing strategies and develop digital and print media, including collateral materials such as brochures, event or project flyers, and web -based content, as needed. On September 28, 2021, the Public Works Agency released Request for Proposals No. 21-096 (RFP) on the City's nnlinP prncurPmPnt pnrtal ThirtPPn vendors suhmitted City Council 21 — 1 4/5/2022 Agreement for Outreach Campaigns and Collateral Materials April 5, 2022 Page 2 proposals. However, one proposal was disqualified. The remaining 12 proposals were evaluated by a five -member committee and ranked based firm/team experience, understanding scope of services, relevant project experience, references, and fee. The final rankings are as follows: Firm City Straightline Communications, LLC Sherman Oaks S. Groner Associates Long Beach MIG, Inc. San Diego Alliance Outreach, LLC Orange Circlepoint Orange JPW Communications Carlsbad Klein and Klein, Inc. Mission Viejo We The Creative San Juan Capistrano Park Circle Technologies, LLC Short Hills, New Jersey Copy & Design Long Beach Global Urban Strategies, Inc. Alhambra Cogs & Marvel San Francisco Staff recommends entering into an agreement with Straightline Communications LLC to provide outreach and public relations support for Public Works projects and programs (Exhibit 1). Their proposal demonstrated a clear understanding of the agency's needs and they have extensive experience in performing similar services for the City of Santa Ana. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The requested agreement will provide $120,000 annually for outreach and public relations services, for a total compensation not to exceed $600,000, for a three-year term and optional two-year extension. $60,000 will be budgeted each year in the Public Works Administrative Services, Contract Services -Professional account (No. 10117601-62300), with $25,000 being made available from the Fiscal Year 2021-22 Budget. Additional contract authority of $60,000 annually is identified for projects utilizing Capital Improvement funds or other special funding sources. For these projects, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and accounts to be used to ensure funds are available under the authorization and shared aggregate limit of $600,000. Upon successful completion of the fiscal review, City Council 21 — 2 4/5/2022 Agreement for Outreach Campaigns and Collateral Materials April 5, 2022 Page 3 a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funding from the Public Works Administrative Services account is available and will be budgeted in the fiscal years shown in the table below: Fiscal Accounting Fund Accounting Unit — Year Unit — Account Description Account Description Amount INITIAL 3-YEAR TERM 2021-22 Public Works- Public Works-Admin (Apr -Jun) 10117601-62300 Admin & Planning Services, Contract $25,000 Services -Professional Public Works- Public Works-Admin 2022-23 10117601-62300 Admin & PlanningServices, Contract $60,000 Services -Professional Public Works- Public Works-Admin 2023-24 10117601-62300 Admin &Plannin g Services, Contract $60,000 Services -Professional 2024-25 Public Works- Public Works-Admin (July -Apr) 10117601-62300 Admin & Planning Services, Contract $35,000 Services -Professional OPTIONAL 2-YEAR EXTENSION 2025-26 Public Works- Public Works-Admin (Apr -Jun) 10117601-62300 Admin & Planning Services, Contract $25,000 Services -Professional Public Works- Public Works-Admin 2026-27 10117601-62300 Admin & PlanningServices, Contract $60,000 Services -Professional 2027-28 Public Works- Public Works-Admin (July -Apr) 10117601-62300 Admin & Planning Services, Contract $35,000 Services -Professional Total $300,000 Funds not used in any year will be carried forward into the subsequent fiscal year. EXHIBIT(S) 1. Agreement with Straightline Communications LLC Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 — 3 4/5/2022 Exhibit 1 AGREEMENT FOR DEVELOPMENT OF OUTREACH CAMPAIGNS AND COLLATERAL MATERIALS FOR PUBLIC WORKS AGENCY SPECIAL PROJECTS AND EVENTS THIS AGREEMENT is made and entered into this 5th day of April, 2022 by and between Straightline Communications, LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 28, 2021, the City issued Request for Proposal No. 21-096, by which it sought a consultant to develop outreach campaigns and collateral materials for special projects and events conducted by the Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 21-096. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 21-096 and further described in Exhibit A. Consultant's proposal is incorporated in full by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $600,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 21 — 4 4/5/2022 Page 1 of 9 3. TERM This Agreement shall commence on the date first written above and terminate on April 4, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 2-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 21 — 5 4/5/2022 Page 2 of 9 the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. (automobile coverage is not required if Consultant does not require an automobile to perform services) • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (not required if consultant has no employees) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). City Council 21 — 6 4/5/2022 Page 3 of 9 Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies (applicable only to professional liability) If any of the required policies provide claims -made coverage: A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. C. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's City Council 21 — 7 4/5/2022 Page 4 of 9 obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 21 — 8 4/5/2022 Page 5 of 9 law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana City Council 21 — 9 4/5/2022 Page 6 of 9 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Straightline Communications, LLC 14930 Greenleaf Street Sherman Oaks, CA 91403 Attn: Linda O'Hanlon, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or City Council 21 — 10 4/5/2022 Page 7 of 9 right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City Council 21 — 11 4/5/2022 Page 8 of 9 21. MECELLANWUS PI )VISIONS Each 4mdersi i represeltrts and wamnts that i is sipature hoin Wow has the power, authudty and rift lo bind their respoctive Awties to each of tho tffTM Of th is AgraerneK acid shah ind ify City full}, including reasonable cysts and attorneys fits, f0T any inim-bz or damages to City in the event dmt such authority lor power is rut, m fact, hcld by the ai gnato y OTis wiffi ra, h_ All exhibit refermced herein and at c hcd hereto uho be incorpmted as if filly set fOrlfi in the budy of this Agram4mt, 1N WTrNES.', WFD3L'--OF, the Partim hereto have -ffxeL;uW this Agmcment the date and y=r fiat above Wittcm ATTEST: DAISY GOME7, Clerk of'the Council APPROVED AS TO FORM SONiA R- OARVAIRO City Attaamey -F,,� John M, FM Lr_ Assistant City Attamey RECOMMENDED FOR APPROVAL Nab]] Saba, F, f?, Rxccudve I]irWtDr Public Wudcs Agency O FTY OF SANTA ANA KR STWE RIFF. City [M,aaager CONSULTANT L A ► Title: City Council 21 — 12 4/5/2022 EXHIBIT Appendix ATTACHMENT 1: SCOPE OF WORK a. Introduction The Public Works Agency (PWA) is responsible for building and maintaining all public streets, storm drains, sewers, water, and public facilities. In addition, the agency manages Capital Improvement Projects (CIP), coordinates the collection of solid waste and recycling, street sweeping, landscaping in the public right-of-way, trimming trees, and graffiti removal. The agency also works with neighborhood associations to resolve speeding, parking, and traffic problems. Additionally, PWA works with developers to ensure City development standards are met. There are five divisions within PWA: Maintenance Services, Water Resources, Engineering Services, Building Maintenance/Fleet Services, and Administrative Services. g. Background & Description The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles with a population of approximately 310,227 people. PWA coordinates services, programs, and Capital Improvement Projects. Maintaining over 400 miles of street centerline and related infrastructure including public streets, storm drains, sewer, and water facilities requires an effective communications strategy with residents and businesses. PWA recognizes the importance of community outreach as well as effective communications and branding throughout the City. Community outreach is essential in keeping the public informed of projects that impact residents and businesses, and engaging the community. Outreach includes, but is not limited to, critical announcements on infrastructure impacts, initiative programs such as the Neighborhood Block Beautification Contest, ongoing educational programs, community events and meetings, social media and website content, and marketing and advertising materials. c. Work Description The selected Consultant will provide assistance with development of outreach campaigns to include collateral material development and branded promotional items related to the City's infrastructure. The Core Requirements and Deliverables are listed below and represent the central work efforts the Consultant will be responsible for performing. Proposers are encouraged to provide detail on how each task is to be accomplished. v. Core Requirements and Deliverables Consultant shall provide the following deliverables in accordance with established procedures as dictated by the Program Manager or designee. Turnaround time shall not exceed thirty (30) calendar days per assignment unless otherwise specified by the Program Manager or designee. The successful proposer will be experienced and knowledgeable in communications and marketing disciplines. The Consultant is expected to become knowledgeable of the PWA mission and purpose to effectively develop outreach strategies. City Council 21 — 13 4/5/2022 Assistance with Development of Outreach Campaigns and Collateral Materials for the Public Works Agency. The consultant shall provide assistance with development of outreach campaigns, collateral materials, and strategic marketing support for special programs, projects and events, such as: Neighborhood Block Beautification Contest, Public Works Week, Capital Improvement Projects, Clean City Initiative, PWA website content, and other projects as identified: • Provide recommendations for citywide marketing strategies, and improving PWA brand awareness. • Provide recommendations to successfully design, develop and implement marketing projects. • Develop traditional print media campaign including collateral materials, such as brochures, event or project flyers, and posters for special projects. • Develop technical digital and printed material such as, but not limited to, fact sheets relating to Public Works subjects and discipline. Research and material development will be required. • Develop digital and social media campaign for web -based content, including Facebook, Twitter, and others. • Create branding materials and graphics for PWA programs and events to include program messaging, brochures, and social media posts, etc. • Participate in planning/status update meetings as required by Program Manager to discuss projects in development and provide updates on campaign development, as well as any challenges, issues and immediate needs. E. As -Assigned Tasks 1. Additional Assistance with miscellaneous proiects consistent with The consultant may be tasked with development of outreach campaigns and collateral materials for miscellaneous projects consistent with the scope of work. F. Technical Abilities Proposer must demonstrate the following skills: I. Ability to successfully create/develop graphic art designs. 2. Translation of marketing materials into two languages; Spanish and Vietnamese. City Council 21 — 14 4/5/2022 C 1 EXHIBIT .)L C o m m u n i C a t i a n 5 FEE SCHEDULE 2021 Rates Principal In Charge...........................................................................................$185 @ hour (blended rate) Project Manager/Senior Writer.......................................................................$185 @ hour (blended rate) Administrative..............................................................................................................................$80 @ hour Graphicdesigner...................................................................................................................... $115 @ hour Web Developer/Designer........................................................................................................ $125 @ hour Translator.....................................................................................................................................$65 @ hour Out -Of -Pocket Expenses Out-of-pocket or pass -through expenses, as stated in the RFP, are billed at cost.' The most common expense we incur on a regular basis is stock photography (see pricing below). iStock Photos....................................................................................................$8-$33 @ photo/illustration In our experience working with the City of Santa Ana, large expenditures are first approved by the client and typically billed to the City directly from an approved vendor. Below are expenses anticipated: Photographer...........................................................................................................................$1,000 @ day ......................................................................................................................... $650 @'/2 day Flyer distribution....................................................................................... (depending on scope of project) Printing (banners, brochures, flyers, bill inserts) .................................... (depending on scope of project) Monument signs....................................................................................... (depending on scope of project) Direct Mailing (e.g., InfoSend).................................................................. (depending on scope of project) Branded promotional Items (e.g. Promote -This) .................................... (depending on scope of project) Advertising (print/digital).......................................................................... (depending on scope of project) We do not bill for mileage to attend client meetings within Los Angeles and Orange County. Cost for mileage outside Los Angeles and Orange County would be assessed based on current IRS guidelines: Mileage (outside LA/OC Counties)............................................................................................ $.58 @ mile If special travel outside these areas is required and requested by the client (e.g., San Diego, Sacramento), travel expenses such as hotel and airfare (if applicable) will be billed at cost. t Starting in 2022, we are assessing a 10% late charge on invoices received past the due date. Invoices are billed in accordance with the City's Net 45 requirement. City Council 21 — 15 4/5/2022 Library www.santa-ana.org/library Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Library Radio Frequency Identification (RFID) Project AGENDA TITLE: Approve First Amendment to Agreement with Invengo America Corporation Doing Business as Fe Technologies to Add Additional Equipment, Maintenance Support, and Contingency Fund Related to the Library's Radio Frequency Identification (RFID) Project (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Invengo America Corporation doing business as FE Technologies to increase the total compensation from $82,284.94 to $101,401.34 to provide two live scanning wands, seven circulation assistant pads, RFID tags, second -year maintenance support, and a contingency fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 16, 2021, the City Council approved an agreement with Invengo America Corporation in the amount of $82,284.94 for the Radio Frequency Identification (RFID) project of embedding library materials with RFID tags and purchasing equipment to work with the new RFID system. With RFID technology, the Library can speed up the process of book borrowing, renewing, returning, and tracking accurate data, thus improving the workflows and customer service. The circulation assistant pads at the Circulation Desks can detect multiple RFID-tagged items in a single transaction. The live scanning wands connect to the Library's Integrated Library System (ILS), allowing Library staff to conduct inventory and claim returned items in real-time with efficacy. Using a handheld wand and tablet, Library staff can scan Library items and update the ILS instantly without the need for uploading or downloading data. The Library wishes to amend the agreement to increase the total compensation by $19,116.40, for a total of $101,401.34, to purchase additional equipment and RFID tags, and add a contingency fund for future needs. City Council 22 — 1 4/5/2022 Amend Agreement regarding Library Agency's Radio Frequency Identification (RFID) Project April 5, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are budgeted and available in the following account for the specified year. Fiscal Accounting Unit- Fund Accounting Unit - Amount Year Account # Description Account Description FY 21-22 01111190-62300- General Fund Library Technology & $19,116.40 21150505901 Support Services — Contract Services EXHIBIT(S) 1. Agreement Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager City Council 22 — 2 4/5/2022 FIRST AMENDMENT TO AGREEMENT WITH INVENGO AMERICA CORPORATION DOING BUSINESS AS FE TECHNOLOGIES FOR RFID CONVERSION FOR THE SANTA ANA PUBLIC LIBRARY THIS FIRST AMENDMENT to the above -referenced agreement is entered into April 5, 2022, by and between Invengo America Corp, a Texas corporation dba FE Technology ("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-2021-033 ("Agreement") dated March 16, 2021, to retain Consultant to convert the City's Library circulation system to RFID technology, which included the purchase of specific hardware including two (2) self -check-out kiosks, eight (8) circulation assistant pads, and four (4) security gates. As well .as training and support for the new system. B. The Agreement is current and in -effect through March 15, 2024, C. The parties now wish to amend the Agreement to expand the scope and increase compensation. The Parties therefore agree: 1. Section 1, Scope of Work, is hereby amended to include the addition of two (2) live scanning wands, seven (7) additional circulation assistant pads, 18,000 RFID book tags, and second year maintenance support as further detailed in Exhibit A-1 to this First Amendment, attached hereto. 2. Section 2, Compensation, is hereby amended to increase the total sum to be expended under this Agreement from $82,284.94 to $101,401.34. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager [signatures continued on next page] Page 1 of 2 City Council 22 — 3 4/5/2022 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney radon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL dam' r Brian Sternberg Library Services Director Library Services INVENGO AMERICA CORPORATION DBA FE TECHNOLOGIES Scotty Gag 022 10:37 CST) Name: Scatty Gage Title: vPofsaie5-us Page 2 of 2 City Council 22 — 4 4/5/2022 EXHIBIT A-1 City Council 22 — 5 4/5/2022 www.fetechgroui).com LIBRARY RFID PROPOSAL FE Technologies -RFID Your Way WSW, FE Technologies RFID your way Sialle'-Aa Ana flublic 1.1'brary For: Lynn Nguyen Prepared by: Melanie McRee Email: melanie.mcree@fetechgroup.com Mobile 18178180253 Date: 14-Feb-2022 City Council 22-6 4/5/2022 www.fetechgroup,com LIVE SCANNING WAND FE Technologies - RFID Your Way Using a handheld wand and a tablet staff can scan items and update the ILS live without the need for uploading or downloading data. The Live Scanning Wand (LSW) connects live with the ILS via Wi Fi. The live item status is collected from the ILS as the inventory is conducted. If a status is being tracked the library r) ) a the library can select to process that status automatically via R� aLl ,�,!� requesting a check in of that item or processing it manually. The library can configure the LSW to track any status from .�� the Integrated Library System; for example claim returns, holds, weed items etc. The Live Scanning Wand is set to the branch in which the inventory is being conducted. LIVE ILS INTERACTION Automatic Check -In process - The library can select to automatically perform a check in request for any class of status. A good example would be automatically checking in claimed returns or automatically checking in transits to correct the branch locations. Manual Process - If a status such as hold/reservation or weeded item that cannot be processed automatically and requires a physical process such as collecting the holds and placing them onto a trolley; a manual acknowledgement can be set for this process. It can also link with web based ILS workflows and will take the user from an exception alert to a pop-up that gives them options that will immediately update the ILS. The user can also select to go straight to the ILS to open the item if required. The Live Scanning Wand also keeps an inventory file on the device that can downloaded for further processing. The wand can stock take 18000 items an hour, has a battery life of 8 hours and the wand weighs only less than 1 pound. The speed is achieved as FE Technologies use our RFID accelerate software. BENEFITS FOR THE LIBRARY The Live Scanning Wand lookups up item information directly from the ILS in real time. The Tablet will immediately indicate if there is an exception. Jt will also automatically update the necessaryfield, such as 'last seen date". For exceptions it calls up the corresponding web ILS workflow on the tablet. 22 - 7 4/5/2022 www.fetechgroup.ccom FIE Technologies - RFID Your Way CIRCULATION ASSISTANT - STANDARD The FE Technologies Circulation Assistant converts an existing library terminal into a RFID enabled terminal for circulation functions, The Standard model is designed for multiple item processing, for example during check in and check out. The RFID pad is used as a reading device and connects directly into the ILS. The Circulation Assistant can integrate via either a keyboard wedge or an API; the options are ILS dependent. Note that the Circulation Assistant can be integrated with the Sort Assistant software. EXCEPTION TRAPPING Exception trapping in a multi item environment is configurable according to the ILS set up. This is possible using the keyboard wedge with our LMS Pop Up monitoring functionality and is completely seamless when using an API. BENEFITS FOR THE LIBRARY Multiple item processing Seamless integration with the ILS Manages exceptions 22 - 8 4/5/2022 www,fetechgroup.com FE Technologies - RFID Your Way Pricing Quotation Addtional Items + Contingent Fund LIB-127.2-US LIVE Scanning Wand 2 $3,214 $80 $0 $0 $6,428.00 $496 LIB-012-US Circulation Assistant - Standard 7 $657 $280 $0 $0 $4,599.00 $357 Credit Card Tags (contingent — TBD $2000.00 non taxable] Contingent Library Contingent Fund for 1 $3000 $0 $0 $0 $3000.00 Fund Tags and other Equipment Remote Install Fee $500 $500.00 Delivery Fee $360.00 $360M Sub Total $360.00 $0.00 $14,887.00 $853.00 Tax $0.00 $1,297.50 $78.90 Price quoted above includes sales tax of 9.25% Warranty & Support Levels: GOLD - 9am-5pm weekday support. Parts and onsite included. Phone, onsite support and remote support are included in the package. 22 — 9 4/5/2022 www.fetechgroup.com FE Technologies - RFID Your Way On acceptance of this quotation, the following payment terms will apply: - a. Prices are excluding Sales Tax. b. Prices are valid for 30 days from the date of this quotation. This is due to the volatility of exchange rates. C. Delivery charges in the quote is estimated and is subject to change d. Payment of 50% of the total quoted costing is required prior to the commencement of the RFID project {excluding any applicable annual maintenance fees} and is due 7 days from invoice issue date. e. The remaining 50% will be invoiced within 7 days of the scheduled completion date and is due 30 days from invoice issue date. If the agreed installation timeframes in the contract cannot be met by the library, payment of this invoice is still required to FE Technologies on the date that the delivery originally planned. f. In the event that a delay is made by the library then FE Technologies reserve the right to charge for the warehousing of the equipment. Library also accepts to pay the full balance of the equipment if this happens. g. Any ad hoc items will require a separate purchase order, and payment is due 7 days from invoice issue date. h. The final payment of any product is due 30 days from final delivery. i. Non-standard security gate installation will incur an additional cost of $1,750.00 A standard gate installation is a gate with a Standard Floor Ramp. See Smart Library"" Security Gate System - Architect Information Pack. j. The payment for book sorters shall be 50% deposit on order, 40% payable when it is due for shipping from overseas (i.e. when it leaves the overseas factory) and 10% 7 days after installation. k. Hardware delivery: 10-12 weeks from date of order (Note: Freight prices are based on standard door-to-door delivery. Extra freight charges may apply if delivery is difficult due to complex unloading conditions.) I. Some products have options and variations available — their codes (listed in the pricelist above) are as follows (multiple combinations of the below options can be purchased): i. Self Loan Station -- LIB-101-XXX ii. Self Loan Station with DVD Unlocker— LIB-101-DXX iii. Self Loan Station with Chip & Pin — LIB-101-XEX iv. Self Loan Station with Coin Acceptor— LIB-101-XXC m. If you wish to accept this quotation, a formal FE Technologies contract will be sent to you for signing. n. In the case of building sites, if a second installation visit is required by FE Technologies the library will be required to pay an additional installation fee. o. FE Technologies normal project plan provides for a technician who will complete the entire hardware and software installation in one trip. In the instance where a second trip is required due to a direct request from the customer or their nominated agent (building contractor), a charge of $1000 will be added to recover the additional travel and accommodation costs. p. Any building works required for the installation of equipment is not included. Refer to the libraries responsibilities as described in the architect packs supplied for each product. q. Mobile Retrospective Encoders are provided forthe agreed period without a rental charge. Any extension to the agreed period shall be charged at $600 per month per Mobile Retrospective Encoder r. Library hold the responsibility to look after the Mobile Retrospective Encoder crate when it is at library premise. An additional cost of $600.00 will incur if the crate is damaged or lost. s. 51 Self Loan Station is based on a standard architectural laminates from https://www.polytec.com.au/ Customisation fee applied. t Self -loan station with Chip & Pin payment does not include the Chip & Pin machine which the library orders directly with their bank. u. In the event that the library has under estimated the library collection size for outsourced conversion and tagging, the library will be required to pay for any additional outsourced conversion and tagging costs at the rate quoted in the Proposal. Signature & Title Date City Counccil 22 — 10 4/5/2022 www.fetechgroup.com FE Technologies - RFID Your Way Maintenance for all of FE Technologies' RFID products including hardware and software is provided free of charge for the first 12 months with our Warranty and Support Agreement. FE Technologies Customer Care Centre is staffed by experienced Technical Support Officers who are supported by a large research and development team and a quality assurance process that is audited annually for compliance with quality standard IS09001:2008. FE TECHNOLOGIES IS RENOWNED FOR ITS SUPPORT SERVICES. IN FACT, OUR SUPPORT TEAM IS FAR GREATER THAN THAT OF ANY OF OUR COMPETITORS AND ASSISTED BY A DAILY OPEN WORK TICKETS REPORT AND A GRAPH SHOWING OUR CURRENT CUSTOMER SATISFACTION RATING. ALL OUR STAFF HAVE A VESTED INTEREST IN SEEING OUR CUSTOMERS HAPPY! TWO WAYS OF LOGGING SUPPORT TICKETS Local dedicated call center SALES: TEL +1-888-278-1824 OPTION 1 SUPPORT: TEL +1-888-278-1824 OPTION 2 Online Support Portal: TICKETS. FETECHGROUP.COM L;lm FE .... Welcorr�e 7echnoiogies rw w.msM �gvlwn4u to the FE Service Portal -..ZM str!cry. 22 — 11 4/5/2022 www.fetechgrou p.com QUESTIONS? IDEAS? CLARIFICATION? CONTACT US TODAY: FE Technologies FE Technologies - RFID Your Way s 536 Silicon Dri►►e, Suite 100 Southlake Texas 76092 ' +1-888-278-1824 enquiries0fetechgroup.com Awk www www.fetechgroup.com City Council 22 — 12 4/5/2022 ?"i. Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 15, 2022 TOPIC: Agreement with CM Amusements for Amusement Ride Services at City events AGENDA TITLE: Agreement with CM Amusements for Amusement Ride Services at City Events for an Amount Payable to the City of 25 Percent of Gross Revenue Ticket Sales for the Period of April 1, 2022 to March 31, 2025 with Funds to be Deposited in the General Fund RECOMMENDED ACTION Authorize the City Manager to execute an agreement with CM Amusements for amusement ride services at City events for an amount payable to the City of 25 percent of gross revenue ticket sales for the period of April 1, 2022 to March 31, 2025 with funds to be deposited in the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)'s efforts to bring together many elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP, which include firm/team experience, references/relevant experience, manner for performing services and fee. The City received two proposals; below are the results of the evaluation. Company Score CM Amusements 256 SoCal Rides 245 Based on the results of the evaluation scores, staff recommends entering into an agreement with CM Amusements for amusement ride services. As part of the agreement CM Amusement will pay to the City 25 percent of gross revenue ticket sales. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 23 — 1 4/5/2022 Agreement with CM Amusements for amusement ride services at City events March 15, 2022 Page 2 FISCAL IMPACT CM Amusements is to pay the City 25 percent of gross revenue ticket sales. While the City will collect revenue there may be some additional costs related to having amusement rides at City events, such as event insurance premiums may increase (the vendor will also be required to have their own insurance). Also, depending on the location of the rides, it may require the City to rent traffic barricades. The vendor will be responsible for maintaining the site clean during and after events. The potential for additional costs will need to be evaluated on an event by event basis. Funds will be deposited in the following account for the specified years: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description FY 22-23 01113002- General PRCSA-City Events Estimate $5,000 - 53331 Fund 7,500 FY 23-24 01113002- General PRCSA-City Events Estimate $5,000 - 53331 Fund 7,500 FY 24-25 01113002- General PRCSA-City Events Estimate $5,000 - 53331 Fund 7,500 EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 23 — 2 4/5/2022 Exhibit 1 AGREEMENT WITH CM AMUSEMENT & PRODUCTIONS, INC., TO PROVIDE CARNIVAL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between CM Amusement & Productions, Inc., dba as CM Amusement, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide carnival equipment and services for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall provide carnival equipment and services for City events complete with rides, games, ticket booths and sellers, food concessions, equipment and services as set forth in the Scope of Work in RFP No. 21-139, which is attached as Exhibit A as well as the Contractor's proposal, attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. This includes, but is not limited to, setup, tear down, and clean up prior to, during, and after the event. City grants Contractor the right to enter its property for the purpose of these services, including delivery, setup, and pick up. Contractor is responsible for all equipment, clean up services, overnight security, electricity, carnival rides and games, vendor booths, and insurance for events. Contractor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. Contractor shall comply with, coordinate, and obtain all approvals and certifications that are required by the Amusement Ride and Tramway Unit of the California Department of Industrial Relations or other government agencies responsible for amusement ride oversight. City Council 23 — 3 4/5/2022 Page 1 of 10 Exhibit 1 2. COMPENSATION a. For the right to produce the event(s) set forth in Exhibit A, Contractor agrees to pay the City the sum of Twenty -Five Percent (25%) of gross ride ticket sales for the event(s). The ticket costs are provided for in Exhibit B. b. Payment to the City shall occur within seven (7) days following the event. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and City Council 23 — 4 4/5/2022 Page 2 of 10 Exhibit 1 perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Wrkers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions City Council 23 — 5 4/5/2022 Page 3 of 10 Exhibit 1 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): City Council 23 — 6 4/5/2022 Page 4 of 10 Exhibit 1 i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, City Council 23 — 7 4/5/2022 Page 5 of 10 Exhibit 1 restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor City Council 23 — 8 4/5/2022 Page 6 of 10 Exhibit 1 without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: CM Amusement & Productions, Inc. Attn: Mike Garcia, President 11721 Whittier Blvd. #503 Whittier, CA 90601 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. City Council 23 — 9 4/5/2022 Page 7 of 10 Exhibit 1 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. City Council 23 — 10 4/5/2022 Page 8 of 10 Exhibit 1 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on next page] City Council 23 — 11 4/5/2022 Page 9 of 10 Exhibit 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney -�3 By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Kristine Ridge City Manager CM AMUSEMENT & PRODUCTIONS, INC. Mike Garcia President Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency City Council 23 — 12 4/5/2022 Page 10 of 10 Exhibit 1 EXHIBIT A City Council 23 — 13 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-G SCOPE OF WORK SERVICE: CARNIVAL The City of Santa Ana is interested in a carnival operator to provide mechanical rides and game booth services for the 2022 Fiestas Patrias Festival on Saturday & Sunday, September 10-11, 2022 (Tentatively Scheduled) in Santa Ana and other related events, as needed. Below is a sample listing from previous events. Major Rides o Ferris Wheel - Required o Tilt a Whirl o Sizzler o Gravitron o Round Up Kiddie Rides o Dinos o Fun House o Glass House o Super Slide o Berries o Lady Bugs o Wind Jammer o Superslide Game Booths (4) Ticket Booths (2) Food Trailer (1) — optional Office Trailer (1) Proposals by qualified vendors will include a large scale carnival to occupy a 54' x 52 F space which must include a ferris wheel, major mechanical rides, kiddie mechanical rides, ticket booths, office trailer, staffing, carnival management/oversight, overnight security and cleaning service during and after the carnival (post event cleaning service to include power washing services). The proposal must include a 25% return to the City of gross generated revenue after the event. Vendor would be responsible to cover the cost of their own insurance coverage, sales tax, delivery/storage/transportation of equipment and parking* as well as all other required permits which may include Business Tax, Building and Planning, OC Fire, and OC Heath. It is the responsibility of the selected vendor to work directly with these corresponding departments and agencies to ensure all safety regulations are met, necessary inspections are conducted and permits are issued. * Vendor must cover parking for employees, subcontractors, and equipment vehicles before and after the event. The City will only cover parking for employees and subcontractors during Friday setup (919122) and the event dates (9110-9111122) (Tentatively Scheduled). rite r.nimril T1 _ 1d A11;19 99 City of Santa Ana RFP 21-139 Page 18 Exhibit 1 EXHIBIT B City Council 23 — 15 4/5/2022 January 20, 2022 Exhibit 1 To City of Santa Ana Re; RFP for Various Event Services RFP No: 21 — 13 9 Greetings, After thoroughly examining and becoming familiarwith services and responsibilities outlined in SantaAna's RFP for carnival, it is with confidence that CM Amusements submits this RFP. CMAmusements is more than capable of effectively and efficiently perforining quality work to achieve the CITY's objectives. It is understood that Santa Ana shall not be liable for any pre -contractual expenses incurred by CM Amusements inpreparation of proposal. It is also understood that CMAmusements may be required to submit its most recent audited financial statement, evidencing their financial capacity to fully perform required services, including provision of equipment and personnel expenses over a ninety (90) day period. CM Amusements agrees to obtain a business license within ten days of selection and provide copy of such to CITY Project Manager or designee prior to commencing any work in SantaAna. CMAmusements will provide evidence of insurance coverage as set forth in standard agreement with ten (10) business days after receipt of notice ofaward. Furthermore, CM Amusements will return a completed payment information packet within (10) business days after receiving notice the agreement has been awarded. CMAmusements will assume responsibility for all services in its proposal. CMAmusements shall identify a sole point ofcontact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. CM Amusements believes they will provide the best quality and value to the CITY, CM Amusements understands that the CITY reserves the right to negotiate the final terms of agreement. CMAmusements looks forward to signing atentative agreement that will be subjected to City final approval. CMAmusements looks forward to participating in the kick-off meeting if chosen Thank you forthe opportunity to present, to you, the City of SantaAna, this RFP. Respectfully Mike Garcia Owner CM Amusements City Council 23 — 16 4/5/2022 Exhibit 1 ATTACHMENT 3-6 Statement of Qualifications City Council 23 — 17 4/5/2022 Elizabeth Aguirre Office Manager 1/4/2016 - present Robin Stevens Maintenance 2/4/1996- present Mike Hernandez Maintenance 4/5/1997- present Mike Garcia President Jose Rivera Operations Manager 2/7/1998- present Thomas Aguire DOSH & OSHA Safey Compliance 4/36/2016 - present Slack Name - [Example] Cielo Garcia First Aid/RN 9/8/2106 - present Exhibit 1 CM AMUSEMENTS ERQF[LE Almost thirty years ofproviding carnival rides and games for church -fundraisers, city festivals, as well as over 100 years of combined carnival management experience, CM Amusements is one of the premiere carnival companies in Southern California. CMAmusements sets itself apart from the others with their dedication to excellence. Moreover, the level ofcommitment, honesty and integrity far exceeds that ofcompetitors in the marketplace. From procuring permits and licenses in timely fashion, to execution of carnival, to clean-up day, everything is given i 00% attention by CM Amusements management team. With its extraordinary ride mix, CM Amusements is able to target your festival needs. In other words, from a small church festival to a large city event, CM Amusements carefully designs the right ride mix for your market. Careful thought always goes into providing the right rides for the demographics of the event. CM Amusements provides top-quality management service. There is always a department head on site to answer questions, handle and manage all situations. Simply, there is never a gap in communication between CM Amusements and the City, church or committee they are serving. CM Amusements has provided. rides and games for the city of Norco Annual Fair, churches like St Gerard Maj el l a in Los Angeles, as well as the city of Southgate's Annual 4th of July Festival. These are all return engagements for CM Amusements because of the quality and care that CM Amusements provides to all its clients. In conclusion, CM Amusements offers professionalism, quality rides and games and integrity that makes them the choice for so many Southern California fundraisers and events. City Council 23 — 19 4/5/2022 Exhibit 1 -it- C AMUSEME TS MANAGEMENT PERSONEL RESUME As the maj ority ofpeople in management positions at CMAmusements have been loyal employees to Mike Garcia, owner, this page will provide an overview of their job duties, rather than job histories. Mike Garcia 1993 —present: Owner ofCMAmusements Oversees all operations of carnival - Owns all carnival rides, games and support equipment - Interfaces with all state and local agencies in conjunction of ownership and operation of carnival - Schedules and interfaces with various venues and hosts of carnival - Oversees all legal, insurance, accounting aspects of carnival Elizabeth Aguirre 2016 —present: Office Manager - Acts as office "right-hand" man to Mike Garcia - Under Mike Garcia oversees all operations of carnival - Assists in interfacing with OSHA and DOSH. - Manages accounts payable and receivables Mike Hernandez 1997 - present: Maintenance and Safety Compliance Manager - In charge of maintenance of all carnival equipment - Works with OSHA and DOSH in order for carnival to be in compliance with their regulations - Consistently repairing and maintaining rides and games to CM .Amusements standards Robin Stevens 1998 - present: Maintenance and Welder Fabricator - Continual maintenance of all carnival equipment Certified Welder Fabricator - Familiar with welding tools and procedures, including M. IG welding, TIG welding, metal fabricating and more Jesus Rivera ' 1998 present: Operations Manager - Acts as on -site "right hand" man to Mike Garcia Manages the daily on -site carnival operations Oversees carnival employees Interfaces with local city officials regarding on -site ride and safety inspections Cielo Garcia 2016 present: First Aid & Medical Attendant Registered Nurse Manages accidents and/or illness of carnival employees or patrons Adrnini�ter:c hnsir, tiro nisi z 'Qlly(Qotdlake any emergencies between carnivROarrcMeal hospital 4/5/2022 Ex4j!At 1 ATTACHMENT 3-7 Scope of Work - City Council 23 — 21 4/5/2022 Exhibit 1 -13- SCOPE OF WORK OUTLINE I. 'Timeline A. CMAmusements will work with city of Santa Ana (CITY) to develop timeline to include sufficient time, safety measures insetting up, operating and tearing down rides and games for events B. Time -line will include appropriate scheduling ofsecuring all permits and licenses prior to commencement of event II. Equipment A. Ferris wheel, as required by city, along with mixture of major and kiddierides. 1. Merry Go Round 2. Paratrooper 3. Funhouse 4. Tornado 5. Sizzler 6. Zipper 7. Swings S. Go Gator 9. Speedway 10. Loop O Plane 11. Roadster 12. Fun Slide 13. Train 14. Gravitron 15. Ferris Wheel B. Support Equipment 1. Office trailer for management, accounting, and meetings 2. Two ticket booths, per CITY requirement C. Four Game booths, per CITY requirement III. Security A. Licensed Security Company for overnight protection of equipment B. Will work with CITY to develop security plan specific to city C. Complete background checks on all employees IV. Safety A. Rides inspected and ticketed by OSHA B. California Fire Code adhered too C. Inspectionsb; all local, state jurisdiction.,; to inrhide-irPrle,pa,-ftpnt,hniildingfjepnrtrnenl�an any � a C*Uofbodies of government, prior to opengik- 22 4/5/2022 Exhibit 1 -14- Scope of Work CM Amusements in working with the city of SantaAna (CITY) will develop a time -line to include sufficient time, safety measures insetting up, operating and tearing down rides and games for events. Moreover, the time -line will include appropriate scheduling ofsecuring all required permits and licenses prior to commencement of any work. CMAmusements will provide a ferris wheel, as required by city, along with a mixture of major and kiddie rides (Ride list and pictures included later in proposal). CM Amusements will provide ticket booths, office trailer, staffing and carnival management, overnight security and cleaning services during and after carnival. CMAmusements provides in-house security for crowd control and compliance of customers to city rules and regulations. CMAmusements will work with CITY to develop aspecific security plan for carnival tailored to CITY's expectations. CM Amusement employees will be put through extensive background checks. They will work with police department in background checks, fingerprinting and all things deemed necessary by CITYpolice department to ensure safety ofcarnival goers. Additionally, employees will always be clean-shaven, neatly and uniformly dressed. CM Amusements will cover parking for employees, subcontractors, and equipment vehicles before and after event. It is understood CITY will cover parking for employees and any subcontractors during set up and event dates. An office trailer will be on site of carnival grounds. Not only does this trailer act as office, but is headquarters for CM: Amusements directives, accounting, complaints and information. Typically manned throughout carnival operating hours. All mechanical rides are inspected and ticketed by OSHA. The California Fire Code Guidelines are strictly adhered to inset up of carnival. Prior to opening, rides and games will be inspected by fire department, building department and any other city department that offers guidelines for carnival to follow. CMAmusements will provide insurance coverage in amounts required by city, at stated time by the city. Also, CMAmusements will clean area and restore area to same condition prior to its use, to include power washing, at their sole cost. It is suggested that a "sign- off 'sheet be issued after CITY inspection of grounds. City Council 23 — 23 4/5/2022 Exhibit 1 -is- FEE PROPOSAL CM Amusements will pay CITY 25% of gross generated ticket revenue after the event (s). Ticket Prices are as follows: Single Ticket - $1.50 Book of 20 Tickets - $20.00 Each ride takes from three to five tickets depending on thrill level. City Council 23 — 24 4/5/2022 Exhibit) APPENDIX Ride Photographs City Council 23 — 25 4/5/2022 f N n :AZ I'M 1 -IT . ta J�=:.:LEI � ��`��'�e„�+ ter. ���� �_�- � 1_ - •"� Aff M.14 i• 1\ a 4 y 1 +r 4 F, YIAIA low.i W -- mi �i _ '/• Cam,. r' .� ���, � �.-s'• �, ��. N i _ J f siA `-` r Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Agreements for Entertainment Performer Services at City events AGENDA TITLE: Agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for Entertainment Performer Services at City Events for an Annual Aggregate Amount not to Exceed $100,000 for the Period April 1, 2022 to March 31, 2025, for a Total Aggregate Agreement Amount of $300,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for entertainment performer services at City events for an annual shared aggregate amount not to exceed $100,000 for the period April 1, 2022 to March 31, 2025, for a total shared aggregate agreement amount of $300,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)'s efforts to bring together the elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received two proposals. Staff reviewed the proposals, and, based on the results of the review, experience in working with the vendors in the past, and the fact that each company has access to different genres of entertainers, PRCSA is recommending entering into agreements with Stage Plus, Inc. and GigRosters Professional Entertainment for a three- year term. The agreements will be for an aggregate amount across both vendors. The City may use one vendor more than another depending on the need for specific genres of entertainers. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. City Council 24 — 1 4/5/2022 Agreements for Entertainment Performer Services at City events April 5, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 22- 01113230- General PRCSA-Recreation and $100,000 23 62300 Fund Community Services - Contractual Services Professional FY 23- 01113230- General PRCSA-Recreation and $100,000 24 62300 Fund Community Services - Contractual Services Professional FY 24- 01113230- General PRCSA-Recreation and $100,000 25 62300 Fund Community Services - Contractual Services Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 24-2 4/5/2022 Exhibit 1 AGREEMENT WITH STAGE PLUS, INC., TO PROVIDE ENTERTAINMENT EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Stage Plus, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor's proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-139. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City Council 24 — 3 4/5/2022 Page 1 of 10 Exhibit 1 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 24 — 4 4/5/2022 Page 2 of 10 Exhibit 1 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including City Council 24 — 5 4/5/2022 Page 3 of 10 Exhibit 1 materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. City Council 24 — 6 4/5/2022 Page 4 of 10 Exhibit 1 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the City Council 24 — 7 4/5/2022 Page 5 of 10 Exhibit 1 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. City Council 24 — 8 4/5/2022 Page 6 of 10 Exhibit 1 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Stage Plus, Inc. 2330 S Susan Street Santa Ana, CA 92704 Attn: Manny Huante sta eg_plus(a�,aol.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 24 — 9 4/5/2022 Page 7 of 10 Exhibit 1 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital City Council 24 — 10 4/5/2022 Page 8 of 10 Exhibit 1 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page] City Council 24 — 11 4/5/2022 Page 9 of 10 Exhibit 1 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney -- r By: andan Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency STAGE PLUS, INC. Page 10 of 10 City Council 24 — 12 4/5/2022 Exhibit 1 EXHIBIT A City Council 24 — 13 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-C SCOPE OF WORK SERVICE: ENTERTAINMENT PROMOTER The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events. Ana Barbara Banda Machos Diana Reyes Kevin Ortiz Maribel Guardia Fidel Rueda Graciela Beltran Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following: Banda Norteiio Mariachi The contractor will be expected to provide insurance for performers. Additionally, the promoter will be responsible for any special requests from the performer. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor should provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City. Pricing should include a price range for a performance. rite rnimril 711_ 1d d/r/9n99 City of Santa Ana RFP 21-139 Page 14 Exhibit 1 EXHIBIT B City Council 24 — 15 4/5/2022 Exhibit 1 srom S EVENT STAGINC3 S�R''VICES Attachment 3-6 Stage Plus Inc was established in 2005 by Manuel Huante, providing portable stage rentals. Over the years we have grown to provide a more full scale of services to accommodate all staging necessities such as; Ground Support Systems Staging Trussing Pro Audio Systems Pro Lighting Systems LED Video Displays Large Format Video Projection Back Line Pkgs (Instruments) Power Distribution Printing Talent Booking (Live Performance Bands) Our Staff consists of 30 employees with the following description; Stage & Ground Support Techs, Audio techs, Lighting techs, Video Techs, Stage Managers, General stage hands. With two locations, Santa Ana (OC) & Paramount (LA). Lead Staff Manuel Huante Project Manager/Sales Jose Garcia Lead Staging Tech/Project Manager Cristian Huante Lead Staging Tech Ronald Gurrero Lead Audio Tech/Sales Mike Fuerte Lead Audio Tech Michael Cota Lead Lighting Tech Brandon Bishop Lead Lighting Tech/CAD Victor Hernandez Sales/Project Manager/CAD Louie Gutierrez Lead Video Tech Manuel Garcia Talent Booking/Stage Management 25 years 20 years 6 years 25 years 20 years 6 years 15 years 25 years 20 years 12 years 2330 S. Susan "Sf, San s Aa, CA 92704 714-390-4563 tel 714 I-014 tel 4/ stageplus@aol.comstage lusevents.com Exhibit 1 .. Appendix ATTACHMENT 3-8-C FEE SCHEDULE SE'RV10E: ENT +'RTAINMENT PROMOTE, R The City understands that performers' rates can vary greatly biased on a number of factors. Therefore, include a listing of talent represented by your company, group talent into levels ofsinallar pricing; and include the price range for each level, City may request services during the term of the agreement at prices identified in the price listing, Ifa requested service is not listed on the price listing the city will negotiate a price with the company. Certification • I certify that I have read, utaderstand and agree to the terns and conditions of this Request for Proposals, I have examined the Scope of Services and ant familiar with the scope of work lneations. I am familiar with all the existing; conditions and limitation that anay impact work requests. I understand and agree that I am responsible for reporting ally errors, omissions or discrepancies to the City for clarification prior to the submission of anay proposal, Proposal Itean Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date ti}e,proposgl is due, in order to allow time to award an aagreelAent, Printed Naajpe,6f Ala#horizAA f ont T rc ofAuth City of Santo Ana RFP 21 -139 Page 37 Im City Council 24 — 17 4/5/2022 Exhibit 1 STAI S EV � N'A' STAGING S3EI2V gC1F—S 2330 S. Susan St, Santa Ana, CA 92704 BILL TO: RFP No. 21-139 Prank Arroyo RFP Administrator Parks, Recreation, and Community Services Agency 20 Civic Center Plaza-M23 Santa Ana, CA 92701 714-5714218 Tel farroyo@santa-ana.org (714) 390-4563 SHIP TO : (714)2410184 Santa Ana, CA SALES PERSON: MH DATE OF ORDER M/2022 PAYMENT TERMS: TBD Set U . TBD MIRM OF SHIPMENT. SLw Plus Tear Down: TBD EW01CF- NUMBER Attachment 3-8-C INVOICE DATE: JAS/2022 QTY DESCRIPTION Talent Booking (Lave Performance Bands) $ 20 - 25K Reileros Del Norte Grupo Primavera Alicia Villareal Lupiflo Rivera Grupo Bryndis $15-20K Pablo Montanero Banda Machos Antonio Aguilar JR Ninel Conde El Dasa Graciela Beltran $10-15K Industria Del Amor Los Tiranos Los Mismos $8-9K Los Cammantes Adolfo Urias $5K 7k Flor Amargo Carmen Jara Los Felinos El Puma De Sinaloa $3-4K La Sonora Dinamita De Vilma Pasteles Verdes Los Angeles Negros Cadetes de Linares Note: Pricing can vary upon location of artist at the present time City Council page 1 �4 — 18 4/5/2022 EVENT STAGING SERVICES JOIN A AW • ii� yA.�_ f�si r.� V o. i A" ,. , ' 3 f . 7 -- - t l 2330 S. Susan St, Santa Ana, CA 92704 714-390-4563 tel 714-241-0184 tel stageplusr aol.com stageplusevents.com i £VENT STAGYNG SERVxCES -a FIESTAS AM 4 J vl F � T .may 'i y �- of41 y 4. 2330 S. Susan St, Santa Ana. CA 92704 714-390-4563 tel 714-2410184 tel stageplus,�vaokom stageplusevents.com STACP pills EVENT sm-oc.-II-Tca SIF-1F--V31c--F-rS 530" 330 S. Susan St, Santa Ana, CA 92704 714-390-4563 tel 714-241-0184 tel stageplus@aol.com stagepluseventscom Exhibit 2 AGREEMENT WITH DARREL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) TO PROVIDE ENTERTAINMENT SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Darrell Wagner, a sole -proprietor dba Professional Entertainment (GigRoster) ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide talent for various events for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor's proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-139. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000) with a total Agreement aggregate amount not to exceed Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of City Council 24 — 22 4/5/2022 Page 1 of 10 Exhibit 2 proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to City Council 24 — 23 4/5/2022 Page 2 of 10 Exhibit 2 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. %rkers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or City Council 24 — 24 4/5/2022 Page 3 of 10 Exhibit 2 operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. City Council 24 — 25 4/5/2022 Page 4 of 10 Exhibit 2 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the City Council 24 — 26 4/5/2022 Page 5 of 10 Exhibit 2 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. City Council 24 — 27 4/5/2022 Page 6 of 10 Exhibit 2 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Darrel Wagner dba Professional Entertainment (GigRoster) P.O. Box 78593 Seattle, WA 98178 Attn: Darrel Wagner Darrell(ib,gigroster. com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 24 — 28 4/5/2022 Page 7 of 10 Exhibit 2 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital City Council 24 — 29 4/5/2022 Page 8 of 10 Exhibit 2 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page] City Council 24 — 30 4/5/2022 Page 9 of 10 Exhibit 2 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: .;, andon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff DARRELL WAGNER DBA PROFESSIONAL ENTERTAINMENT (GIGROSTER) — T)" d4 L",� — Da 1 agner Chief Executive Officer Executive Director Parks, Recreation, and Community Services Agency City Council 24 — 31 4/5/2022 Page 10 of 10 Exhibit 2 EXHIBIT A City Council 24 — 32 4/5/2022 Exhibit 2 Appendix ATTACHMENT 1-C SCOPE OF WORK SERVICE: ENTERTAINMENT PROMOTER The City is seeking a company with the capacity to provide talent for various events. Below is a sample listing of performers used for previous large-scale events. Ana Barbara Banda Machos Diana Reyes Kevin Ortiz Maribel Guardia Fidel Rueda Graciela Beltran Promoter must have access to groups within the Mexican regional music genre such as, but not limited to, the following: Banda Norteiio Mariachi The contractor will be expected to provide insurance for performers. Additionally, the promoter will be responsible for any special requests from the performer. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor should provide a listing of talent they represent. Due to the differences in pricing based on the performer, each performance pricing will be negotiated with the City. Pricing should include a price range for a performance. rite rni mril 711_ 114 i/r%/9n99 City of Santa Ana RFP 21-139 Page 14 Exhibit 2 EXHIBIT B City Council 24 — 34 4/5/2022 Professional Entertainment GigRosterTM CITY OF SANTAANA Parks, Recreation and Community Services Agency 20 Civic Center Plaza-M23 Santa Ana, CA 92701 Dear Committee, Exhibit 2 This is to apply for the position of providing talent booking in conjunction with RFP 21-139 We understand many of the most successful and popular civic events and concerts have found that bringing in someone to handle all the entertainment serves them well. At GigRosterTMwe are able to do that in a way nobody else can with our extensive suite of exclusive resources and many years of experience in booking and managing entertainment programs. We have been providing Real Talent to our clients since 1983. Just a few of the advantages that you enjoy with GigRosterTM • We provide a single point of contact for all booking and acts providing continuity and easing the burden on the Fair manager or board members to coordinate hundreds of details with multiple providers. • All contracting for entertainers is done through a single source. • Only curated entertainers with a good track record of reliability and those which are appropriate for a Fair/Festival audience are scheduled for performances. • Procurement of entertainment is often done at a higher level of quality without raising cost, based on the wide range of booking and talent buying activities we undertake throughout the year. • All invoicing and billing is done through a single point for all services and entertainment providers. • GigRoster TM owns an extensive network of all styles of entertainer to fit both style and budget needed for the City of Santa Ana through the proprietary GigRoster.com® interface which is not available from any other organization in the USA. • All insurance requirements, if needed, can be met at no added cost. • Coordination is provided between performers and the stage/sound for tech needs, stage plots and more • Professional Entertainment systematically coordinates all directions, load -in instructions and payroll for performers as well as follow-up after the performances and tax reporting requirements. Please feel free to contact me at your convenience if you need clarification on any services. Yours, ���1/ �t)e Darrell K. Wagner GigRosterTM Professional Entertainment www.GigRoster.com 800-801-2484 City Council 24 — 35 4/5/2022 Professional Entertainment GigRosterTM Exhibit 2 �/ VWA GigRosterTM is a fully developed, experienced entertainment agency and talent buying organization with robust booking tools for customers, entertainment planners, member performing acts and our team of Talent Coordinators. We have developed a truly unique model in the entertainment business for finding and booking local musicians and variety performing acts for any kind of event or function. We've built a platform which is free to our thousands of performing artists, bands, DJs and entertainers all over the USA. GigRosterTMtakes entertainment booking to the next level by providing our member performing acts a way to promote their own business in a targeted and robust way, with no upfront costs. GigRosterTM is the only company in the United states and Canada that features a full suite of online promotional and booking capabilities and also includes personal assistance, from a team of experienced Talent Coordinators. Real humans, who, like our performers, have Real Talent across every phase of the industry. We continue to enhance our offerings and the interface for our customers who book their entertainment with GigRosterTM Real Talent and the thousands of performers who are promoting themselves in pursuit of booking events through our platform and system. We work across the USA and beyond, in the exciting world of music, entertainment and talent booking services. City Council 24 — 36 4/5/2022 Exhibit 2 Appendix ATTACHMENT 3-8-C FEE SCHEDULE SERVICE: ENTERTAINMENT PROMOTER The City understands that performers' rates can vary greatly based on a number of factors. Therefore, include a listing of talent represented by your company, group talent into levels of similar pricing and include the price range for each level. City may request services during the term of the agreement at prices identified in the price listing. If a requested service is not listed on the price listing the city will negotiate a price with the company. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. City of Santa Ana RFP 21-139 Page 37 Exhibit 2 Capability GigRosterTM Professional Entertainment Statement GigRoster.com 800.801.2484 info@gigroster.com Real Talent! Core Competencies • An inclusive roster of established, local, national and international entertainers, bands, DJs and performing artists with exclusive access to thousands of artists on the GigRoster.com talent system. • Over 35 years of experience as personal talent buyers for prestigious customers and companies. • A full interactive suite of the tools necessary to help you select and work with the most appropriate professional talent for any event or program. • Extensive knowledge in all areas of event production and promotion including venue selection, AV requirements, guest logistics and security. • Easily searchable categories of musical artists of every genre in addition to keynote and motivational speakers and trainers, celebrity emcees and variety performers. • Ability to create events for customers with an array of entertainment around virtually any theme. • Specialists in corporate business events as well as public performances including fairs, festivals, promotional events. A Few Customers We've Entertained Major League Baseball: Providing special pre -game and event entertainers since 2002; Starbucks: Music for company meetings and promotional events; Wells Fargo: Annual Summer Concert Series at Wells Fargo Plaza; Microsoft: Product release events with live bands; Merrill Lynch: Annual Holiday Parties since 1995; Six Flags Parks: Ongoing ethnic performers for theme days at the park; The United Way: Musical and variety talent at gala fundraiser events; Turner Sports: Big bands for the Final Four breakfasts and dinners; The Port Of Seattle: The Merchants Of SeaToc December Holiday Program cast of performers & parade since 2010, American Cruise Lines: Live Dixieland Music for embarkation of all cruises since 2011 agpc W r�tia BLS yPMM /^�Microsoft i United �� • • o - .. Way Citv• 1 Exhibit 2 What Makes GigRosterTm Different? GigRosterTM Professional Entertainment's is a company uniquely qualified to provide full entertainment services in a very personal way to our customers in local markets across the nation. Professional Entertainment has been in business as a premium entertainment buyer and coordinator for corporate, private and government customers since the 1980's. Now the company as launched new branding with GigRosterTM, a truly revolutionary concept in the business of booking local top shelf entertainment. Our platform is free to the tens of thousands of performing artists, bands and entertainers who have partnered with us to bring a curated experience in selecting and booking talent of any style. With years of experience coordinating live talent for events, GigRosterTM takes it to the next level in providing our member artists a way to showcase features and benefits of their offerings. The new GigRosterTM interface is the only company covering the United states and Canada that features a full suite of online promotional and booking capabilities and also includes personal assistance from our team of experienced Talent Coordinators. Real humans, who have real talent in helping any customer select, book and manage the performance with the right entertainment for any event. The resources we are utilizing create a phenomenal growth potential as we continue to enhance our offerings for our customers to book entertainment. GigRosterTI - Real Talent. Where Can You Find Us? Seattle, Boston, San Francisco, New York, New Jersey, Chicago, Los Angeles, Portland, San Diego, Washington DC and Philadelphia as well as branch offices and talent coordinators in major markets across the USA. Keywords: Music, Musicians, Bands, Performers, Entertainment, Entertainers, Talent, Booking Agency, Talent Broker, Talent Buyer, Shows, Concerts, Combos, Ensembles, Jazz, Rock, Pop Music, Dance Music, Festival Music, Ethnic Music, Party Music, DJ, Deejay, Keynote Speaker, Training, Motivation. Certifications: National LGBT Chamber of Commerce nglcc.org, Certification #15017; SBA Small Business Enterprise sba.gov, Certification #79267624 Memberships: I National Association of Campus Activities, NACA, naca.org Western Fairs Association, WFA, westernfairs.org Greater Seattle Business Association, GSBA, theGSBA.org DUNS 792676249 NAICS Codes 711130 Musical Performer 711410 Talent or Booking Agency 711510 Motivational Speakers 711320 Promoters of Performing Arts 711190 Other Performing Arts CAGE Code 6AD3 UNSPSC Code 90150000 Insurance $2,000,000 aggregate 2.45ma11 Business Administration J0 `.. What Is GigRoster'" Real Talent? For 40 Years GigRoster"' has been providing personalized, entertainment services to our clients across the nation as the premium entertainment buyer and coordinator for many major corporate, private and government clients. GigRosterTMis a truly revolutionary concept in managing and providing entertainment services with literally thousands of performing artists, bands and entertainers available. Now GigRosterT" takes it to the next level, providing our select clients with the exclusive GigRoster Concierge Service" Our team of experienced Talent Coordinators is there to manage and administer your organization's entertainment program, eliminating the need to take others away from theirjob or to hire someone on payroll to handle it. It'sgt�u c plution that has proven to be both cost effective and highly successful. Real Talent! 800.801.2484 Real Resources! • An inclusive roster with thousands of curated, local and national entertainers, bands, DJs and performing artists. • Access exclusive GigRosterT" only artists on the proprietary web interface. • 40 years of experience as personal talent buyers for prestigious customers and Fortune 500 companies. • A full interactive suite of the tools to help our clients secure and work with the best talent for any event or program. • Extensive knowledge in all areas of event production and promotion. • Easily searchable categories of all genres of talent in every locality. • Specialists in large corporate entertainment event planning. • Contracted exclusive Concierge Servicer" for clients with a full entertainment department or ongoing program. • Booking, contracting, sound, lighting, stage management, pre -event preparation, faci►rty communications, insurance, payroll, guest logistics, security, and much more. - �. lA Reap ��I iii; y� rllti /7A We've got more Real Talent than anyone you've ever met! At GigRosterT" Entertainment we represent over 6500 professional performers, entertainers, bands, DJs and variety acts, across the USA and in your local region. i� I' We do all the detailed "backstage" work it takes to make corporate functions, concerts, fairs, parties and special events, well... special! i How Can You Get Real Talent? We partner with you to book Real Talent, �a so you'll have an expert on your team, with both knowledge and choices, whether you are planning a single event or have ongoing entertainment needs. You have all the fun of choosing the best talent, then we handle the all the rest. If you are booking any style of talent for any event, reach out to us today. If you'd like to explore taking advantage of our exclusive GigRoster'" Concierge I Service, contracting us to administer your full entertainment department or an ongoing program, then take the next step. Contact vour Talent Coordinator today and learn how you can as:.'d G gPoAer" to your team. Then your organization will have Real Talent too! Parks, Recreation, and Community Services www.santa-ana.org/parks fl Item # 25 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Agreement with Patrol Solutions for Event Security Services AGENDA TITLE: Agreement with Patrol Solutions for Security Services at City Events for an Annual Amount not to Exceed $150,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $450,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Patrol Solutions, LLC for security services at City events for an annual amount not to exceed $150,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $450,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA) efforts to bring together the elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA and the Police Department reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received six proposals. Below are the results of the evaluation: Company Score Patrol Solutions 396 United Security Services 384 California Panther Security 380 Access Control System 287 Good Guard Security 271 The Perfect Event 216 City Council 25 — 1 4/5/2022 Agreement with Patrol Solutions for Event Security Services April 5, 2022 Page 2 Based on the results of the evaluation scores, PRCSA is recommending entering into an agreement with Patrol Solutions for a three-year term. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 22- 01113230- General PRCSA-Recreation and $150,000 23 62300 Fund Community Services - Contractual Services Professional FY 23- 01113230- General PRCSA-Recreation and $150,000 24 62300 Fund Community Services - Contractual Services Professional FY 24- 01113230- General PRCSA-Recreation and $150,000 25 62300 Fund Community Services - Contractual Services Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 25 — 2 4/5/2022 Exhibit 1 AGREEMENT WITH PATROL SOLUTIONS, LLC, TO PROVIDE SECURITY SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Patrol Solutions, LLC, a California company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide security services for various events for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor's proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual compensation for these services provided under RFP No. 21-139 shall not exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000) with a total Agreement aggregate amount not to exceed Four Hundred Fifty Thousand Dollars and Zero Cents ($450,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of City Council 25 — 3 4/5/2022 Page 1 of 10 Exhibit 1 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 25 — 4 4/5/2022 Page 2 of 10 Exhibit 1 the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such City Council 25-5 4/5/2022 Page 3 of 10 Exhibit 1 work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. City Council 25 — 6 4/5/2022 Page 4 of 10 Exhibit 1 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the City Council 25 — 7 4/5/2022 Page 5 of 10 Exhibit 1 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. City Council 25 — 8 4/5/2022 Page 6 of 10 Exhibit 1 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Patrol Solutions, LLC 6060 Sunrise Vista Dr. Ste. 1500 Citrus Heights, CA 95610-7062 Attn: Carl Cunningham carlcunnin hg am(i patrolsolutions.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 25 — 9 4/5/2022 Page 7 of 10 Exhibit 1 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital City Council 25 — 10 4/5/2022 Page 8 of 10 Exhibit 1 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page] City Council 25 — 11 4/5/2022 Page 9 of 10 Exhibit 1 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency PATROL SOLUTIONS, LLC Carl Cunningham General Manager City Council 25 — 12 4/5/2022 Page 10 of 10 Exhibit 1 EXHIBIT A City Council 25 — 13 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-D SCOPE OF WORK SERVICE: SECURITY The City is seeking a company with the capacity to provide security services for various events. Below is a sample listing of security provided for previous large-scale events. • 11 guards for street closures. -Maintain integrity of barricades and control traffic o Guards are to stay positioned at the locations all day • 2 guards - south walkway, 1 at each end to keep pedestrians moving • 2 guards - north walkway, 1 at each end to keep pedestrians moving • 1 guard middle of street in area one • 1 guard middle of street in area two to allow only Loft residents to park • 5 guards - Beer Garden, 1 at each entry, 2 along fence, 1 rover • 4 guards at stage. 2 front, 1 rear entry, 1 catwalk o Event Performance control - no impromptu autograph sessions, no tossing of items from stage • Rovers: 1 Supervisor, 4 Rovers o Monitor booth activity, lines blocking pedestrian paths, amplified sound, and illegal vendors o Monitor alley barricades o Monitor once each hour adjacent parking garages o Monitor Carnival area • Rovers, 1 stage guard. 1 Guard for the Beer Garden. 1 Guard at Carnival Approximately 925 hours of service for an event from Friday evening to Sunday evening. Security plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department. Proposers may be asked to come in for an interview session. rite rnimril 7q _ 1d A11;1q(177 City of Santa Ana RFP 21-139 Page 15 Exhibit 1 EXHIBIT B City Council 25 — 15 4/5/2022 Exhibit 1 2022 Patrol Solutions 1. COVER LETTER Dear City of Santa Ana, Patrol Solutions sincerely appreciates the opportunity to present this proposal for serving the unique security requirements of the City of Santa Ana. It is the goal of my company, Patrol Solutions, to protect your employees, patrons, and property in a responsive and responsible manner. I have partnered with industry -leading security professionals who share my vision of emphasizing customer service in our security. We comprise the leadership of this company, and we all understand how important it is to give each client our full attention and respond whenever things may come up. We take great pride in adapting our security service in order to meet the specific needs of each and every client. Our entire management team, especially Director of Operations Felix Guerrero and the local team, will work to develop strong working relationships with City staff and local law enforcement in order to deliver processes and training requirements specific to this contract. We currently perform very similar services for other clients, such as the Arts District of Los Angeles Business Improvement District, and many of the best practices and protocols we've gleaned will be applied to the City of Santa Ana as well. Patrol Solutions constantly analyzes ways in which we can further enhance our services with software, technology, and management in order to support the dynamic needs of our clients. Our officers are trained to maximize safety and security procedures as well as customer service, which is important for positions in which they interact with the public. Our management team places an emphasis on communication and accountability to ensure that the security plan is implemented and executed as best as possible. Felix has great experience managing similar projects. He is also fluent in Spanish and we have officers who are fluent in Spanish, too. Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights, California, and has been providing armed and unarmed contract security services since 2010. Klinton Kehoe has owned the company since 2016. We are a limited liability company. Our clients include government agencies and municipalities as well as properties and entities in the private sector. PS operates out of six offices throughout California and employs about 140 security officers. PS is licensed as a qualified security patrol operator by the state of California/Bureau of Security and Investigative Services (license number PPO 119966). We have read and reviewed the RFP and understand the nature of the work to be accomplished. Please let us know if we can provide you with any additional information. Respectfully, Carl Cunningham, General Manager 415-760-8116 1 carlcunningham@patrolsolutions.com PROPOSA Page 2 Exhibit 1 2022 Patrol Solutions 4. STATEMENT OF QUALIFICATIONS Attachment 3-6 1. Firm and Team Experience 1) Organizational Chart Felix Guerrero will oversee this contract. He has over 20 years' worth of experience in the security industry, and has been serving in a managerial capacity since 2009. Currently, he is Patrol Solutions' director of operations. Klinton Kehoe and Carl Cunningham will assist during the transition and contract management. Felix will serve as the designated account manager for the project and will lead the local team in providing daily services. Jennifer Pinelo is the HR specialist who will assist with HR matters, hiring, and additional logistical functions. Klinton Kehoe Founder & CEO Carl Cunningham General Manager I Felix Guerrero Director of Operations Jennifer Pinelo HR Specialist Field Team Managers PROPOSA Page 10 2022 Exhibit 1 Patrol Solutions 2) Profile of Firm Experience Patrol Solutions as a company was founded in 2010 under its original name of Tactical K-9 & Patrol Solutions in an effort to bridge the gap between law enforcement and security services by training officers to "police" an area in an engaged manner — meaning the regulation and control of a community, especially for the maintenance of public order, safety, and health. This is a level above the standard detect, deter, observe, and report protocols held by most private security companies. We accomplish this increased vigilance through officer support, training, supervision, individual professional development, and our emphasis on the employee pipeline. We have a train -your -replacement methodology that brings people together for a common cause — primarily the successful execution of objectives in a positive environment. Patrol Solutions has benefitted from the recent acquisiton of several security firms. We have hired several top performing security managers specifically to inject a customer -oriented experience for clients who are interested in a responsive, attentive, and accessible security management team that really puts the client at the forefront. Thus, our company is comprised of a management and leadership base of the business security professionals. Patrol Solutions works to provide responsive decision making to every individual client, and also strives to recognize each employee's efforts and contributions while providing a road to successful career development. Patrol Solutions fosters a strong sense of accountability and ownership across the organization. The entire team performs as one body, conditioned to support one another. Together, we are focused on delivering outstanding customer service. Patrol Solutions, LLC (doing business as: Patrol Solutions), is headquartered in Citrus Heights, California, and has been providing armed and unarmed contract security services to a wide variety of markets since 2010. We are a limited liability company. Our clients include government agencies and municipalities as well as properties and entities in the private sector. With a custom-tailored approach to each of our clients' security needs, PS provides unmatched security solutions to meet the specific needs of different agencies and businesses. Patrol Solutions specializes in customized security solutions at venues where the premium is on customer service, corporate integrity, access control, and emergency response. PS services include armed and unarmed guard services; patrols and inspections; vehicle patrols; museum and gallery officers; concierge and receptionist services; security console operation; dispatch services; bike and Segway patrols; alarm response; and specialized client -requested security. We serve a variety of government agencies as well as private entities. PS operates out of six offices throughout California and employs about 140 security officers. PS is licensed as a qualified security patrol operator by the state of California/Bureau of Security and Investigative Services (license number PPO 119966). Patrol Solutions' unique ability to combine financial strength, personnel development, disciplined execution, responsive management, and adaptive customer service has empowered us to meet the evolving needs of each and every client. Entities comparable to the City of Santa Ana find us to be the ideal security services partner. We are accustomed to serving government clients who are dynamic in scope, magnitude, and complexity. Vast resources activated through well-defined management processes enable PS to meet the requirements of modern facilities and the demands of highly responsible and highly sophisticated clients. Our leadership team and management team are comprised of former Cypress Private Security managers, who have direct experience with serving clients such as the Arts District of Los Angeles, the LA County Department of Public Works, the City of Glendale, the City of Inglewood, the LA Police Department security contract, the Redondo Beach Transit Center, and the Housing Authority of the City of LA. In particular, Felix Guerrero, our director of operations who will oversee the City of Santa Ana security project, directly managed those projects. PROPOSA Page 11 2022 Exhibit 1 Patrol Solutions 3) Team Resumes Patrol Solutions wants to provide the City with a direct channel of communication so we can provide the very best security services possible. To reflect this philosophy, our organizational structure is designed to minimize cumbersome layers of bureaucracy. Our goal is 100% customer satisfaction. Authority and responsibility is delegated appropriately so managers can resolve issues without having to sift through endless red tape. Instead, open lines of communication mean that management can be in contact with on -site and off -site staff quickly. Klinton Kehoe is the CEO and owner of Patrol Solutions. He entered Expertise the private security industry as a security officer for a regional Security Operations, security company. Less than half a year into his career, he found that Operations Management, he was clearly well -suited for the job and was promoted to be a Customer Service, Business training manager. He quickly earned numerous training certifications Planning and Development, and became qualified to train security officers. Workplace Injury Prevention, Security Program In addition to his capabilities as a trainer, he was also promoted to be Development a shift manager. In this role, Klinton managed a security program with 100 officers assigned to the project. He managed deployments, Professional Affiliations breaks, schedules, and performance reviews. As he continued progressing in his career, Klinton began taking on more operational, American Society of "big picture" roles and he eventually managed over seventy clients Industrial Security (ASIS) and properties. BSIS Going to his sites also instilled in him the importance of great customer service. Seeing firsthand how much clients valued clear lines of communication, honesty, and personal accountability, Klinton knew that his responsiveness and responsibility as a manager would always have meaning and add value to the security program. It is precisely that attitude that helped him build Tactical K-9 & Patrol Solutions, the company that would eventually be known as simply Patrol Solutions. PROPOSA Page 12 2022 Exhibit 1 Patrol Solutions Expertise Business Management, Business Development, Security Operations, Workplace Injury Prevention, Healthcare Security Program Development, High Rise and Commercial Building Certifications Professional Affiliations American Society of Industrial Security (ASIS), Building Operators and Managers Association (BOMA), Institute of Real Estate Management (IREM), California Association of Community Managers (CACM), International Association for Healthcare Security & Safety (IAHSS), San Francisco Electronic Crimes Task Force (Secret Service), Northern California Regional Intelligence Center (Department of Homeland Security), InfraGard (FBI) Carl Cunningham is partnering with Patrol Solutions, founded in 2011, after a ten-year stint as the primary business development manager at Cypress Private Security. After Cypress was bought out by one of the international security firms, the Patrol Solutions partnership was created specifically to provide a customer -oriented experience for clients who have been disillusioned with the inattention and lack of care from the so-called industry leaders. Patrol Solutions is new to the local market, but comprised of a management and leadership base of the best former Cypress managers. Patrol Solutions works to provide responsive decision making to every individual client, and also strives to recognize each employee's efforts and contributions while providing a road to successful career development. Carl enjoys the camaraderie, not only between employees, but between the company and clients. The personal consideration a client receives is something Carl truly values in his work and strives to provide. One of his many talents is the ability to provide a great deal of attention to each individual client, as he builds each client's relationship with the Patrol Solutions management team. When meeting with clients, he accurately and helpfully applies his knowledge of the security industry to diagnose the specific services they need for their site. His clients have long appreciated the sincerity and thoughtfulness he provides as he addresses all of their security concerns. With over 20 years of experience in operations, sales, and marketing, Carl has vast knowledge in the security and business management fields. He is responsible for all areas of business development and takes a long-term approach to cultivating business partnerships with clients, ensuring a customized security program that meets their needs. PROPOSAIt'l Page 13 2022 Exhibit 1 Patrol Solutions Expertise Security Operations, Security Training Plans, Leadership and Management, Firearms, High Risk Security Programs, Security Patrol Procedures, Loss Prevention Strategies, Security Operational Support and Oversight, Weapons of Mass Destruction, Public Relations, Public Safety, Premises Liability, Officer Safety Education Metropolitan High School, Rio Hondo College, Firearms Training Academy Certificates/Affiliations BSIS, FEMA, DSMA, CPI FEMA: Basic Workplace Security Awareness; FEMA: Workplace Violence Awareness; FEMA: Active Shooter; FEMA: Introduction to the Incident Command Center; Downtown Security Manager's Association; Certified Firearms Instructor Felix Guerrero joined Patrol Solutions in 2020 after working in the security industry for over twenty-two years, spending most of his career as a project start-up manager, operations manager, and training administrator. Prior to partnering with Patrol Solutions, Felix worked at Cypress Private Security for ten years, until Cypress was bought out by Allied Universal. Thus, he joined Patrol Solutions, a company where every client would receive great personal attention and care. With an astute understanding of client needs, Felix prides himself on providing superb customer service and works tirelessly to address and remedy operational issues swiftly. As a certified firearms instructor, Felix understands the gravity of responsibility. His years of experience have enabled him to oversee high risk security operations staffed by armed officers, and his expertise in defusing conflicts has allowed him to minimize the threat of incidents. During his time at Cypress, Mr. Guerrero managed over 40 armed guards in the Los Angeles area. In addition, Felix gained deep insight into the inner workings of managing, training, and developing staff. He has overseen relevant security projects in the retail and logistics industry at Technicolor Distribution Center, APL Logistics, and HP Logistics. Under his guidance, his teams consistently aided clients' loss prevention programs, reducing theft and recovering merchandise. Felix is a firm believer in teamwork. He is a member of the Downtown Security Manager's Association, an organization of security and law enforcement professionals recognizing homeland security efforts in L.A. Together, members exchange information and share best practices for mutual benefit. Whether providing security services for government municipalities or private companies, his history clearly demonstrates a pattern of success. Felix's skills and experience make him a dependable and trusted frontline contact for all domestic security operations. PROPOSA Page 14 2022 Exhibit 1 Patrol Solutions Jennifer Pinelo is the HR specialist and recruiter for Patrol Solutions' Los Expertise Angeles region. In this role, she conducts the recruitment processes for all Talent Acquisition, security accounts under her branch office's purview to ensure that high Security Recruitment, quality candidates are hired, trained, and assigned to our clients. She also Staffing and Hiring assists with security officer orientation training, officer scheduling, and Processes, Customer human resources matters. Jennifer also provides additional administrative Service, Administration support to the local management team. Education Before joining Patrol Solutions, Jennifer performed the same functions for Cypress Private Security for several years. She has also worked at Allied Santa Monica College Universal and Securitas as a security officer. Primarily, she specialized in El Camino College access control, customer service as a lobby ambassador, report writing, badging, and camera surveillance. Her firsthand experience with field work makes her an excellent recruiter because she understands the qualities a candidate needs in order to be effective. In addition to her work in the private security industry, Jennifer also has experience as a customer service specialist at Target. She also worked as a tax preparer for Benjamin Taxes Services. All of her previous experience has prepared her well for her current role. In her previous work, she developed familiarity with administrative processes including data entry, handling confidential information, scheduling, inventory, assisting with office accounting, and detailed documentation. Jennifer's willingness to engage clients, colleagues, and candidates, and her vested interest in seeking their best makes her an ideal recruiter and HR specialist for Patrol Solutions. PROPOSA Page 15 Exhibit 1 2022 Patrol Solutions 5. SCOPE OF WORK Attachment 3-7 Our upper management has direct experience serving clients with a variety of sites, including projects coverage for properties spread out over several city blocks. Patrol Solutions has been providing security services for public and private entities since 2010. Some of our current clients are the Arts District of Los Angeles, the City of San Francisco Human Services Agency, and the Contra Costa Water District. Our upper management team, including our director of operations and our general manager, has direct experience with the management of major government contracts. Now that these managers are part of Patrol Solutions, they can apply all of their knowledge and expertise for the City of Santa Ana events security plan. Felix Guerrero, who would serve as the project manager for this contract, has direct experience managing the security contract for numerous government agencies in the LA region, including project that required special coverages and event security. We will manage the security program and provide the City of Santa Ana with trained and qualified unarmed security officers for all of the requested service hours with an event -specific security focus. These officers will conduct all duties as described in the scope of work of the RFP and tailored to the specific event. Officers assigned to this contract will meet the requirements specified in the RFP as well, including having English and Spanish language skills. Patrol Solutions will provide officers with uniforms and all of their equipment, including communications devices and any other needed equipment. General Approach to the Scope of Work It is the goal of Patrol Solutions that all of our security services will ensure the safety of patrons, vendors, and your employees. By providing a visible presence, our officers serve as a visual deterrence to crime and other unwanted activities. By performing their duties in an engaged, alert, and responsive manner, officers will create a safe environment for everyone. Whenever possible, officers will assist patrons, vendors, and City employees as long as doing so does not compromise their security duties. Patrol Solutions will use our training and managerial resources in order to implement a site assessment and training program throughout the transition and delivery of the work plan. Led by Felix Guerrero, our local team will be able to focus on what matters most: officer development with the goal of customer service and asset protection. Felix will serve as the designated project manager. For the benefit of the City, our officers, managers, and client will be supported by our manned 24/7 watch commander station. Every shift, we have mobile field team managers who conduct on -site supervision and support. Delivery of service will not just be in the field. Jennifer Pinelo and the team at the local office are available to help officers with HR matters, uniforms, inquiries, and schedule changes if needed. We know the tasks required and are prepared to evaluate and improve wherever possible. Our experienced and knowledgeable security management team begins by reviewing your stated needs. After assessing current security, our team then designs a security program customized to your requirements and tailored specifically for the designated events area. In particular, PS pays special attention in addressing the following factors: 24/7 Field Team Manager Program — Field team managers are available 24/7 via phone, text, and email. They conduct proactive site checks and ensure that field officers are performing up to standards. They evaluate officers' uniforms and equipment, review daily activity reports, and assist with any patrol or protocol modifications. Their time of visit varies from day to day. FTMs are mobile (in marked security vehicles) and also respond to any emergencies or incidents. They not only supervise and manage the officers in the field, but also reward and discipline them. If necessary, FTMs can assist in cross - training officers. At PS, our FTMs personally take initiative to visit sites, thereby providing a visible k_�UUI it'llPROPOSA Page 17 Exhibit 1 2022 Patrol Solutions leadership presence to field officers and staying in touch with the client's management team. Unarmed Security — Officers will be trained to master the ins and outs of their specific post. They will learn your general rules and regulations, gain familiarity with the area, and learn general information so that they will be capable of interacting with the public. Security officers will observe and report daily activities, and prepare accurate and legible daily activity reports and incident reports (as needed). They will conduct regular patrols and assist yuor personnel, police, and other law enforcement officials as necessary. They will provide a visible deterrence to unwanted activities, help maintain public safety, and can provide crowd control services. Roving Patrols — Officers perform full patrols on a regular basis. These patrols include all areas of the site as designated by the post orders. A visible presence will serve as a deterrent to trespassers and crime, and increase general public safety. Officers will seek to prevent and minimize fire, theft, damage, graffiti, and other unwanted activities. As they make their rounds, they will also ensure that the facilities are secured (doors, windows, gates, locks, etc.) if appropriate. Any unusual incidents or hazardous conditions will be reported to the proper representative and logged. Officers will perform patrols on foot and/or bicycles. Customer Service — All PS officers must undergo and complete customer service training. Officers will support City employees in any capacity as long as the officers can safely complete their post duties. Likewise, officers who work at posts where they will interact regularly with the public will be comfortable doing so. They will be able to provide public information to visitors and have basic knowledge of the general area and services. Officers will, at all times, be polite, courteous, respectful, and responsive to any person authorized to be at the site. Reporting and Documentation — All PS officers are trained to write accurate and detailed reports. Officers will complete the appropriate reports for each shift. The reports are completed online and emailed directly to the client and are searchable. Reports include daily activity reports, conditions reports, incident reports, and others as assigned. Any officer who knowingly falsifies a report will be disciplined up to and including termination from employment. Officers are fluent in English and able to communicate verbally as well as via the report writing system. Officers will maintain a log of security violations and report occurrences to supervisors as quickly as possible. In the event of any maintenance requests, officers will forward such requests to the proper representative. Emergency Response — PS will design and implement an emergency plan that will address all response to threats and potential emergencies at the various sites. The PS corporate emergency response plan is based on the nationally -recognized Incident Command System (ICS) for emergency response. PS understands that changing security needs in the case of an emergency or incident requires PS to respond with additional staff. PS is fully prepared to increase our security services in the event of an escalation in the security level (emergencies, civil unrest, fire, or special events). PS will work closely with your management to escalate and de-escalate the need for additional staffing at the site. In the event of an emergency, PS uses the following procedures to ensure that trained staff are on -hand to fill all shifts at the site, including scheduled absences as well as increases in staffing: • Cross -training — PS cross -trains security officers, supervisors, and managers. PS will share an employee list of trained officers available to work at the site and will train more officers per request of client, if needed. • Back-up Staffing — PS will, at all times, have a pool of qualified officers who have received full training and orientation, including post assignments, standards, and procedures. These officers will be able to fill any shift on a short notice. Emergency Planning — PS operates a corporate emergency response plan based on the nationally -recognized Incident Command System. This plan covers all aspects of emergency response. Our corporate guidelines are designed to help us maintain security services before, k_�UUI it'llPROPOSA Page 18 2022 Exhibit 1 Patrol Solutions during, and after an emergency. This includes situations such as earthquakes, major fires, major civil unrest, or major escalation of the security level. Because each client and each situation is unique, PS works with management to implement preventive measures such as training and emergency planning. • Emergency Response Vehicle — PS operates an emergency response vehicle especially equipped for emergency situations and special events. Our emergency equipment is always at the ready, and includes power generators, indoor/outdoor lighting systems, light rescue equipment. All of the emergency equipment is checked monthly. This specially -equipped vehicle enables PS to respond during an emergency incident or scheduled special events. Management Plan Every shift, we have at least one mobile field team manager on duty who is equipped to provide proactive site supervision and support. The field team manager provides oversight to officers in the field and has the authority to discipline and train officers as needed. In the event of any incidents, the FTM will arrive on the scene. An FTM can be reached 24-7 via phone. The FTMs will report to Felix Guerrero. He has full authority to address any problems and issues raised by the City, including (but not limited to) increases and decreases in staffing and disciplinary problems. He will manage the FTMs to ensure that every level of performance has accountability. Our management team will be available for regularly scheduled meetings with City security liaisons to ensure that all aspects of the security program are meeting expectations. Supervision We maintain a 1 to 4 supervisor/lead officer to security officer ratio. In addition, we provide a 1 to 20 manager to officer ratio in order for our team to receive updated training and other important company news. Maintaining a positive connection between officers, the client, and our management is critical to reducing turnover. Officers designated as supervisors help ensure that the other officers are carrying out their duties properly during their assigned shift. Supervisors are more seasoned, experienced, and capable than lower -level officers. Field Team Managers (FTMs) check in at every site daily in order to ensure that all of the officers are meeting client expectations and performing well. Random Site Inspections: Patrol Solutions conducts unannounced site checks at least once per day. These site inspections are conducted by one of our managers, a group which includes the field team managers and higher (operations manager and regional manager). Proactive Field Support: The Patrol Solutions field team manager (FTM) program is a critical aspect of our proactive quality control process, which distinguishes us from other security providers. At other security companies, managers tend to go on -site as a response to complaints, after a problem has arisen. At PS, our managers personally take initiative to visit sites, thereby providing a visible leadership presence to field officers and staying in touch with the client's management team. Leadership's Role: Every day, each site receives an on -site inspection from a field team manager (FTM) who has the authority to review performance and perform corrective actions if necessary. These unannounced checks help motivate officers to remain alert. The FTM: Our FTM program sets us apart from all other security providers. This position is staffed by an experienced leader who maintains daily contact with multiple sites and is duly qualified to evaluate field officer performance. General Start-up Plan Our transition plan begins once we receive the awarded contract. The client immediately will begin to experience a more disciplined, thorough, and systematic approach to security service. PS will: k_�UUI it'llPROPOSA Page 19 2022 Exhibit 1 Patrol Solutions • Seek to understand and operate in harmony with current work -flow. • Anticipate and assess the potential impact on various departments and constituencies. • Learn all rules, policies, and procedures at the site and within the operation. • Implement the most effective tools, materials, and technology. • Execute a systematic and smooth transition of responsibility that instills confidence. Key Personnel Duties and Responsibilities: Before the transition starts, PS will identify the key personnel who will be responsible for delivering services and define their duties during the transition. Documentation and Communication: PS, together with the client, will establish ongoing communication methods and requirements needed to operate the security program. Transition Timeline #ask Assigned Award letter issued to PS Date Due > 3 weeks prior to startup Responsibility Gen. Mgr. PS transition team assigned and in place > 3 weeks prior to startup Proj. Mgr. Meet with client to obtain site specific information > 3 weeks prior to startup Proj. Mgr. Outline and adjust transition plan if needed > 3 weeks prior to startup Proj. Mgr. Security and technology assessment > 3 weeks prior to startup Proj. Mgr. Management/labor meeting > 3 weeks prior to startup Proj. Mgr. Conduct site security survey > 3 weeks prior to startup Proj. Mgr. Introduction letter, application, and drug screen forms > 3 weeks prior to startup Human Resources Interview and select employees > 3 weeks prior to startup Human Resources Prepare wage and benefits package > 2 weeks prior to startup Human Resources On -site training for operations team > 2 weeks prior to startup Proj. Mgr. Gather information about current staff at site > 2 weeks prior to startup Human Resources Provide assessment, training of current staff at site > 2 weeks prior to startup Proj. Mgr. Order all supplies and equipment > 2 weeks prior to startup Proj. Mgr. Deadline for applications to be received > 2 weeks prior to startup Human Resources Order uniforms and duty gear > 2 weeks prior to startup Proj. Mgr. Prepare post orders > 2 weeks prior to startup Proj. Mgr. Select security officers > 2 weeks prior to startup HR & Proj. Mgr. Prepare site -specific training materials > 1 week prior to startup Proj. Mgr. Meet with client to brief on transition progress Continuous Proj. Mgr. Present post orders to client > 1 week prior to startup Proj. Mgr. PROPOSA Page 20 2022 Exhibit 1 Patrol Solutions Deadline to complete drug screen for candidates > 1 week prior to startup Human Resources Meet with client for feedback on first draft of post orders > 1 week prior to startup Proj. Mgr. Ensure each post is fully equipped as specified > 1 week prior to startup Proj. Mgr. Prepare master schedule > 1 week prior to startup Scheduling Manager Fit uniforms and re -order as needed > 1 week prior to startup Proj. Mgr. Retraining of incumbent personnel hired by PS > 1 week prior to startup Proj. Mgr. Service start TBD Proj. Mgr. Evaluation Calendar The evaluation calendar outlines key on -site elements related to performance after the project has begun. The tasks are divided according to department and corresponding manager. Task Assigned Date Due I One month evaluation of each officer's performance 30 days after startup Proj. Mgr.. Training or re -assignment as needed (individual officers) 30 — 45 days after Proj. Mgr.. startup Three-month evaluation of each officer's performance < 90 days after startup Proj. Mgr.. Training or re -assignment as needed (individual officers) 90 — 100 days after Proj. Mgr.. startup Lighthouse: Complete Workforce Visibility — The Patrol Solutions Guard Tour System Lighthouse is a guard touring solution with real-time tracking of officers along with daily activity reports - and incident reporting. Intelligent location and communication tools empower your distributed teams y y and give you peace of mind. Continuous tracking through GPS, QR codes, near -field communication (NFC), and Bluetooth beacons ensure guards are where n O they're supposed to be. Lighthouse provides you with 9 proof of work to increase satisfaction. We have a 24-hour dispatch center to handle -�-=v— communications and any special needs. Managers have `19 ° ti smartphones and can be reached 24-7 via phone, text, _ -�- and email. We can also provide officers with 2-way riic 09CR2017-$57 2 radios if needed. PROPOSA Page 21 2022 Exhibit 1 Patrol Solutions Uniforms Full-time officers receive, at a minimum, two pairs of pants, three shirts, and a jacket. Part-time officers receive, at a minimum, one pair of pants, two shirts, and one jacket. If officers are working in an environment that will regularly place them in the elements, we can provide additional gear for inclement weather and other conditions. We also provide personal protective equipment for officers who work at sites that require it. Officers are responsible for cleaning their own uniforms. The shirts and jackets are clearly marked with our insignia. However, we have a uniform provider we can work with if alternate uniform styles are desired. Uniforms must be neatly pressed. - Authorized uniforms must always be worn, with shirts tucked in. Hair must be neatly groomed. Facial hair must be neatly trimmed. Only post earrings are allowed for security professionals. Visible tattoos should always be covered. Fingernails must be clean and neatly trimmed. Smoking and gum chewing are not permitted while on site and on duty. Appearance also includes the way officers walk, stand, and talk to people. Officers are always to behave in a manner that is worthy of respect. Nearest Address and Headquarters Address The local address which will serve the City of Santa Ana is located at 10016 Pioneer Blvd. Suite 109 Santa Fe Springs, CA 90670. The company headquarters is located at 6060 Sunrise Vista Dr. Suite 1500 Citrus Heights, CA 95610. Project Manager Felix Guerrero will serve as the supervising project manager. He is based out of the Santa Fe Springs office and can be reached at 310-490-9804 and felixguerrero@patrolsolutions.com. Similar Experience Locally, one of the clients we serve that is similar in scope to this project is the Arts District of LA. We provide unarmed officers who conduct bicycle, foot, and vehicle patrols for the business improvement district. Officers provide visible deterrent to trespassing, vandalism, and illegal camping. They are also capable of community engagement, with customer service through active patrolling, and they respond to any calls for service. Felix Guerrero, our director of operations and local manager, began managing that project in 2017 while he was at his previous security company. In 2020, Patrol Solutions took over the contract and Felix was able to resume serving the contract. Projects that Make Patrol Solutions Stand Out Patrol Solutions is a California -based regional security company which has proven to be resourceful with large scale capacity. Recent successes include ramping up multiple emergency response security programs. These programs include an 85-officer deployment in 1 week (City of San Francisco Human Services Agency), 10 armed officers in the same day (LA), and a 10 officer, 10 site deployment in 24 k_�UUI it'llPROPOSA Page 22 Exhibit 1 2022 Patrol Solutions hours (Inland Empire and LA). Our management team is also experienced serving major government agencies throughout California, and we strive to be responsive to the shifting needs of clients. The City of SF HSA project which had a one -week startup period took place early on during the pandemic. It is a project that we are proud of being able to service because it was an emergency services project brought about by the shelter -in -place order. The project involved providing unarmed services for five city - managed hotels in downtown San Francisco which were serving as COVID-relief sites. Due to the nature of the project, that client needed services to begin within a week of signing the contract, and we were able to hire and train qualified officers. Although it would be a stretch to claim that everything at the start was executed flawlessly within such a short timeframe, we can say that we have been able to take every corrective action in response to the client's needs, and that we still continue to serve that contract to this day, and that the client has been pleased with our services overall. Officer Training Patrol Solutions is committed to the professional growth of every employee within the company. At Patrol Solutions, training is an ongoing process that never stops. Each employee receives a career enhancement plan so they can focus on enhancing their strengths and eliminating their weaknesses. Patrol Solutions' objective is to deliver outstanding security services to each client. All of our active officers are AB2880 compliant and have completed mandatory BSIS training. They must successfully complete the 8- hour BSIS guard card course. In addition, there is a 32-hour BSIS continuing education series of courses. Armed officers are required to have completed the mandatory BSIS training for armed guards. Initial training for new employees is, at a minimum, 8 hours. This includes live training in the field. Depending on the complexity of the position, the field training could range from one full day to one full week, or possibly more. In addition, we can provide field training on an as -needed basis throughout the duration of the project. On-the-job training plans can be developed in the context of a full understanding of the site in order to help officers be more efficient in their duties. Outline of Training Manual The following is the items listed in the table of contents of our officer handbook. • Introduction • Primary Mission Statement • Security Professional — Job Description • Emergency Response • Bomb Threats • General Rules and Procedures • Special Events • Reports • Handling of Complaints • Liability Issues • Laws • Summary We also strive to promote ongoing training and officer development. Our director of operations, Felix Guerrero, is a certified trainer in various disciplines including firearms training. PROPOSA Page 23 2022 Exhibit 1 Patrol Solutions Types of Training Scenario -based Training — Scenario -based training involves real -life situations that are either role- played between the teacher and the student or video scenarios that are presented and discussed amongst the class. Scenario -based training is an integral part in developing an employee's confidence level when being confronted with an incident. Client -specific Training — PS will train all staff assigned to a client's site in accordance with the expectations set forth by the security assessment and related security protocol provided by the company. PS develops an advanced training calendar for all sites. This training calendar highlights the training dates for the assigned security officers and the curriculum that will be taught each week. Officers use the calendar to stay on track in meeting pre- and post -assignment training for their work sites. Cross -training — Each employee and officer is cross -trained on other locations in the case of emergency or need for additional officers at that location. The cross -training program allows PS to respond quickly to a potential emergency. Learning other sites' procedures also allows officers a chance to further enhance their skill sets. CPR and First Aid Training — If needed, security officers at PS will receive and pass CPR and first aid training for adults and infants. In-house certified trainers conduct these trainings in accordance with Red Cross standards. Each individual who passes Patrol Solutions' CPR and first aid training will receive a Red Cross certification. A Note on Training Our managers will be building and then training our officers based on the materials provided by the following organizations: EMIFIWMI . Felix Guerrero's Training Certifications Firearm Training Academy: BSIS Guard Card firearm permit, BSIS PR24 baton, and any additional outside training. American Bike Patrol Services: Bike training certification, bikes repairs, and uniforms. Felix Guerrero is a certified instructor for the following: • AVADE (workplace violence and hands-on tactical defense) • American Red Cross: First Aid/CPR/AED and bloodborne pathogens Training Curriculum To best prepare officers for their duties, Patrol Solutions' training is tailored for each client and each post. Training is an ongoing process and is overseen by a dedicated training manager. Available Training Courses � _AEL__ Access Control First Aid and CPR (Red Cross) Parking and Traffic Active Shooter Handcuffing Policies and Procedures PROPOSA Page 24 2022 Exhibit 1 Patrol Solutions Advanced Criminal Law Handling Difficult People Port Safety Advanced Search and Arrest Illness and Injury Prevention Program Post Orders and Assignments Anti- Harassment Investigation and Reports Power to Arrest Chemical Agents Liability and Legal Aspects Quality Control Manager Communication Loss Prevention Radio Procedures Crowd Control Management Training Safety Manual Customer Service Maritime Security Training Module Sales Training DHS Training MOAB Shelter Training Driver Safety Museum Supervisor Training Evacuation Procedures Observation and Documentation Time Management Fire Life Safety Officer Handbook Weapons of Mass Destruction Fire Safety Officer Course Officer Survival Workplace Violence De-escalation Training Patrol Solutions maintains a staff of instructors certified in several disciplines of de-escalation training, including AVADE® and MOAB®. This training, provided to our security officers in the field, enables those officers to successfully de-escalate situations, and thus prevents the need for use of force or police intervention. The AVADE training program is an integral piece of an effective workplace violence plan. It teaches officers key topics, including: • How to recognize the assault cycle • How to legally defend yourself and others • How to survive an active shooter situation • How to create long lasting personal safety habits -MOAB® -TRAINING • How to avoid being a victim of crime and violence WINTERNATIONAL, Inc. • How to create long lasting personal safety habits MOAB training presents principles, techniques, and skills for recognizing, reducing, and managing violent and aggressive behavior. The program also provides humane and compassionate methods of dealing with aggressive people both in and out of the workplace. It teaches officers how to create a win - win situation in difficult confrontations and resolve conflicts decisively and diplomatically with verbal and non-verbal communication skills, as well as with personal defense and safety skills. Mental Health Training Mental Health First Aid is an 8-hour course that gives people the skills to help someone who is developing a mental health problem or experiencing a mental health crisis. The evidence behind the program demonstrates that it does build mental health literacy, helping the public identify, understand, and respond to signs of mental illness. Our training manager is a certified trainer for this course. Just as CPR training helps a person with no clinical training assist an individual following a heart attack, Mental Health First Aid training helps a person assist someone experiencing a mental health crisis such as k_�UUI it'llPROPOSA Page 25 2022 Exhibit 1 Patrol Solutions contemplating suicide. In both situations, the goal is to help support an individual until appropriate professional help arrives. Mental Health First Aiders learn a single 5-step strategy that includes assessing risk, respectfully listening to and supporting the individual in crisis, and identifying appropriate professional help and other supports. Participants are also introduced to risk factors and warning signs for mental health or substance use problems, engage in experiential activities that build understanding of the impact of illness on individuals and families, and learn about evidence -supported treatment and self-help strategies. The National Council for Behavioral Health operates Mental Health First Aid USA in partnership with the Missouri Department of Mental Health. Patrol Solutions provides this training to all officers. As a value-added benefit, this training is also freely available to our clients, should you wish to participate. Mental Health First Aid training covers the following topics: • Introduction to Mental Health First Aid • Mental Health Problems in the USA • The Mental Health First Aid Action Plan • Understanding Depression • Understanding Anxiety Disorders • Crisis First Aid for Suicidal Behavior & Depressive Symptoms • What Is Non -Suicidal Self -Injury? • Non -crisis First Aid for Depression and Anxiety • Crisis First Aid for Panic Attacks • Crisis First Aid for Traumatic Events • Understanding Disorders in Which Psychosis May Occur • Crisis First Aid for Acute Psychosis • Understanding Substance Abuse Disorder • Crisis First Aid for Overdose • Crisis First Aid for Withdrawal • Using Mental Health First Aid PROPOSA Page 26 2022 Exhibit 1 Patrol Solutions 6. FEE PROPOSAL Appendix ATTACHMENT 3-8-D SCOPE OF WORK SFRVICF: SECIJRTfY City may rcyucst services during the team of the agreemcnt at prices identified in the price listing. If a requested service is not listed on the price listing the city will negotiate a price with the company. Equipment I Unit Price Equipment Unit Price Security Guard (per hour) $27.18 Security Supervisor (per hour) $30 08 Security Guard Ovortimc Security Supervisor Overtime (per hour) $40.77 (per hour) $45.12 Security Guard I toIiday Security Supervisor I lot iday (per hour) $40.77 (per hour) $45.12 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am Familiar with the scope of work Locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the pries, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. Carl Cunningham General Manager Printed Name of Authorized Agent Title ["WA9"#Ar1 0111812022 Signature of Authorized Agent Date City of Santa Ana RFP 21-139 Page 38 PROPOSA Page 27 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Agreement with Stage Plus, Inc. for Stage Rental Service AGENDA TITLE: Agreement with Stage Plus, Inc. for Stage Rental Service at City Events for an Annual Amount not to Exceed $158,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $474,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Stage Plus, Inc. for stage rental service at City events for an annual amount not to exceed $158,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $474,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)'s efforts to bring together the elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received four proposals. Below are the results of the evaluation: Company Score Stage Plus, Inc. 280 The Perfect Event 254 Groovelabs 174 Atmosphere Events 136 Based on the results of the evaluation scores, PRCSA is recommending entering into an agreement with Stage Plus, Inc. for a three-year term. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. City Council 26 — 1 4/5/2022 Agreement with Stage Plus, Inc. for Stage Rental Service April 5, 2022 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account Description Description FY 22- 01113230- General PRCSA-Recreation and $158,000 23 62300 Fund Community Services - Contractual Services Professional FY 23- 01113230- General PRCSA-Recreation and $158,000 24 62300 Fund Community Services - Contractual Services Professional FY 24- 01113230- General PRCSA-Recreation and $158,000 25 62300 Fund Community Services - Contractual Services Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 26 — 2 4/5/2022 Exhibit 1 AGREEMENT WITH STAGE PLUS, INC., TO PROVIDE STAGE RENTAL SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Stage Plus, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide a stage for various large-scale events for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A, and as further described in Contractor's proposal attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total annual compensation for services provided by all contractors selected under RFP No. 21-139 shall not exceed One Hundred Fifty -Eight Thousand Dollars and Zero Cents ($158,000) with a total Agreement aggregate amount not to exceed Four Hundred Seventy -Four Thousand Dollars and Zero Cents ($474,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of City Council 26 — 3 4/5/2022 Page 1 of 10 Exhibit 1 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within City Council 26 — 4 4/5/2022 Page 2 of 10 Exhibit 1 the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such City Council 26 — 5 4/5/2022 Page 3 of 10 Exhibit 1 work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. City Council 26 — 6 4/5/2022 Page 4 of 10 Exhibit 1 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the City Council 26 — 7 4/5/2022 Page 5 of 10 Exhibit 1 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. City Council 26 — 8 4/5/2022 Page 6 of 10 Exhibit 1 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Stage Plus, Inc. 2330 S Susan Street Santa Ana, CA 92704 Attn: Manny Huante sta eg_plus(ab,aol.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and City Council 26 — 9 4/5/2022 Page 7 of 10 Exhibit 1 Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital City Council 26 — 10 4/5/2022 Page 8 of 10 Exhibit 1 status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager [signatures continued on next page] City Council 26 — 11 4/5/2022 Page 9 of 10 Exhibit 1 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency STAGE PLUS, INC. Manny Huant Owner Page 10 of 10 CitX .CDuncil 26 — 12 _ ____ 4/5/2022 Exhibit 1 EXHIBIT A City Council 26 — 13 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-B SCOPE OF WORK SERVICE: STAGE RENTAL The City is seeking a company with the capacity to provide a stage for large-scale events. Below is a sample listing of stage rental equipment for a previous large-scale event. 40' X 32' X 5'-Stage 40' X 32' X 30'-Roof 16' X 8'-20 Panel LED video wall Stage lighting Audio Equipment Video Equipment Forklift Banners Audio/visual technicians/DJs/MCs Generators The contractor will be expected to provide, install, set -up, maintain and remove stage equipment for requested events. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. Equipment to be provided by the contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. rite rnimril 7R _ 'Id A1r%19 99 City of Santa Ana RFP 21-139 Page 13 Exhibit 1 EXHIBIT B City Council 26 — 15 4/5/2022 Exhibit 1 Appendix ATTACHMENT 3-8-B FEE SCHEDULE SERVICE: STAGE RENTAL City may request equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. Include a picture of each equipment item listed below. Equipment Unit Price Equipment Unit Price 40' X 32' X S'-Stage gg Audio/Visual Technician t.1D r (per hour) 40' X 32' X 30'-Roof a Audio/Visual Engineer hour) s� (per 16' X 8'-20 Panel LED video wall a Stage Manager I + (per hour) Audio Package Lighting Package NOTE: This is a request for proposal and not a request for lowest bid. For equipment with technical specifications or available in various models/packages, the City is seeking_ professional recommendations that will balance quality and pricing_ The scope of work section of the proposal submittal should include details regarding the Audio and Lighting package that is proposed. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. l am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the da e the proposal due, in order to allow time to award an agreement, RasldU— Printed Name OAuthorizegAgeXt ` Title re of Authorized City of Santa Ana RFP 21-139 Page 36 City Council 26 — 16 4/5/2022 Exhibit 1 STAI EV ENT STAGING SERV IDES Attachment 3-6 Stage Plus Inc was established in 2005 by Manuel Huante, providing portable stage rentals. Over the years we have grown to provide a more full scale of services to accommodate all staging necessities such as; Ground Support Systems Staging Trussing Pro Audio Systems Pro Lighting Systems LED Video Displays Large Format Video Projection Back Line Pkgs (Instruments) Power Distribution Printing Talent Booking (Live Performance Bands) Our Staff consists of 30 employees with the following description; Stage & Ground Support Techs. Audio techs, Lighting techs, Video Techs, Stage Managers, General stage hands. With two locations, Santa Ana (DCi & Paramount (LA). Lead Staff Manuel Huante Project Manager/Sales Jose Garcia Lead Staging Tech/Project Manager Cristian Huante Lead Staging Tech Ronald Gurrero Lead Audio Tech/Sales Mike Fuerte Lead Audio Tech Michael Cota Lead Lighting Tech Brandon Bishop Lead Lighting Tech/CAD Victor Hernandez Sales/Project Manager/CAD Louie Gutierrez Lead Video Tech Manuel Garcia Talent Booking/Stage Management 25 years 20 years 6 years 25 years 20 years 5 years 15 years 25 years 20 years 12 years City Council 26 — 17 4/5/2022 2330 S. Susan St, Santa Ana, CA 92704 714-390-4563 tel 714-241-0184 tel stageplus@aol.com stageplusevents.com ST! Civ tts �► . - -_. fir 7x-A `.. f r � ,•� S IL L 2330 S. Susan St, Santa Ana, CA 92704 714-390-4563 tel 714-2410184 tel stageplus@aol-com stageplusevents-com STIW-rj;l,L s 70 � �•rF L { er AR! u & RFQ _ a hoo- 2330 S. Susan St, Santa Ana, CA 92704 714-390-4563 tel 714-241 a184 tel stageplus@aol.com stageplusevents.com /C lt4 STAI &S f' , w`- -'� r - iwuti 2330 S. Susan St. Santa Ana, CA 92704 714-390-4563 tel 714-241-4184 tel stageplus@aoLcom stageplusevents.cam Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Traffic Control Equipment and Services at City Events AGENDA TITLE: Agreement with California Barricade Rentals, Inc. for Traffic Control Equipment and Services at City Events for an Annual Amount Not to exceed $50,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $150,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an Agreement with California Barricade Rentals, Inc. for traffic control equipment and services at City events for an annual amount not to exceed $50,000 for the period of April 1, 2022 to March 31, 2025, for a total agreement amount of $150,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued a Request for Proposals (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)'s efforts to bring together the elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received one proposal. City staff reviewed the proposal and based on the results of the review and experience in working with the vendor in the past, PRCSA is recommending entering into an agreement with California Barricade Rentals, Inc. for a three-year term. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: City Council 27 — 1 4/5/2022 Traffic Control Equipment and Services at City Events April 5, 2022 Page 2 Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 22- 01113230- General PRCSA-Recreation and $40,000 23 62300 Fund Community Services - Contractual Services Professional FY 22- 01114405- General Police Dept -Traffic $10,000 23 62300 Fund Contractual Services - Professional FY 23- 01113230- General PRCSA-Recreation and $40,000 24 62300 Fund Community Services - Contractual Services Professional FY 23- 01114405- General Police Dept -Traffic $10,000 24 62300 Fund Contractual Services - Professional FY 24- 01113230- General PRCSA-Recreation and $40,000 25 62300 Fund Community Services - Contractual Services Professional FY 24- 01114405- General Police Dept -Traffic $10,000 25 62300 Fund Contractual Services - Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 27 — 2 4/5/2022 Exhibit 1 AGREEMENT WITH CALIFORNIA BARRICADE RENTALS, INC., TO PROVIDE TRAFFIC CONTROL EQUIPMENT AND SERVICES TO THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between California Barricade Rentals, Inc., dba as California Barricade, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2022, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide traffic control equipment and services for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A and the portion of Contractor's proposal outlining the manner in which it will provide services attached as Exhibit B. All Exhibits are incorporated by reference as though completely set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto and incorporated by reference. The annual compensation for services provided under RFP No. 21-139 shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000) with a total Agreement amount not to exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City Council 27 — 3 4/5/2022 Page 1 of 9 Exhibit 1 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including City Council 27 — 4 4/5/2022 Page 2 of 9 Exhibit 1 products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, City Council 27 — 5 4/5/2022 Page 3 of 9 Exhibit 1 or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and City Council 27 — 6 4/5/2022 Page 4 of 9 Exhibit 1 Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, City Council 27 — 7 4/5/2022 Page 5 of 9 Exhibit 1 for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: City Council 27 — 8 4/5/2022 Page 6 of 9 Exhibit 1 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: California Barricade Rentals, Inc. 1550 E. Saint Gertrude Place Santa Ana, CA 92705 Attn: David Tangitau, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without City Council 27 — 9 4/5/2022 Page 7 of 9 Exhibit 1 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. City Council 27 — 10 4/5/2022 Page 8 of 9 Exhibit 1 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: randon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Kristine Ridge City Manager CALIFORNIA BARRICADE David Tangitau President Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency City Council 27 — 11 4/5/2022 Page 9 of 9 Exhibit 1 EXHIBIT A City Council 27 — 12 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-E SCOPE OF WORK SERVICE: TRAFFIC CONTROL EQUIPMENT The City is seeking a company with the capacity to provide traffic control equipment for various events. Below is a sample listing of equipment provided for previous large-scale events. • 7-Arrow Boards • 1-Message Board • 100-Pedestrian Barricades • 100-Parade Barricades • 49-Water-Filled K-Rails • 35-Type I Barricades • 45-Type III Barricades • 166-Signs on Type I Barricades • 40-Signs on Type III Barricades • 15-Traffice Control Technicians • 1-Water truck to fill K-Rails Traffic control plans will be specific for individual events and the contractor is expected to work with various city departments, particularly the Santa Ana Police department and Planning and Building Agency. rite rni mril 77 _ 1'A d/r/7f177 City of Santa Ana RFP 21-139 Page 16 Exhibit 1 EXHIBIT B City Council 27 — 14 4/5/2022 Attachment 3-7 Exhibit 1 MANNER FOR PERFORMING SERVICES OUTLINE 1. Client initiates event a. Call or email comes in b. Plan is provided or requested 2. Vendor assesses required service a. Physical site review b. Review of plans or equipment list i. Design of plan if requested c. Engagement with client for additional information 3. Pre -event meeting a. Attend all pre -event meetings scheduled by client b. Engage in questions and receiving of directives 4. Finalization of exact scope a. Vendor and client agree, and have a clear understanding of the scope 5. Event specific proposal a. Vendor provides proposal b. Client accepts proposal i. Issuance of purchase order 6. Vendor engages with water delivery service a. Secure event date b. Communicate volume 7. Vendor's preparation of equipment a. Assess for adequate inventory b. Inspection for cleanliness and maximum reflectivity c. Load and secure equipment for transport to deliver, or pre -stage 8. Vendor pre -stages event (if needed) a. Drop equipment in strategic locations for expeditious set-up on event day 9. Event day a. Timely placement of delivered, or pre -staged equipment b. Drive through completed set up i. Adjust placement ii. Add more equipment if needed c. Notify client set-up is complete 10. Pick-up a. Mobilize technicians for timely pick up b. Dispatch adequate number of trucks c. Drive through event area to ensure all equipment is picked up 11. Vendor's issuance of invoice a. Review field documents for accuracy b. Issue accurate and timely invoice c. Address client questions if any 12. Post event meeting a. Attend wrap-up meeting post event b. Engage in feedback, and suggestions for future success c. Express appreciation to all who participated in the execution of the event City Council 27 — 15 4/5/2022 Exhibit 1 EXHIBIT C City Council 27 — 16 4/5/2022 Exhibit 1 Appendix ATTACHMENT 3-8-E FEE SCHEDULE SERVICE: TRAFFIC CONTROL EQUIPMENT City may request equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. Include a picture of each equipment item listed below. Equipment Unit Price Equipment Unit Price Water -Filled K-Rails $4.00 each Water truck to fill K-Rails $750.00 minimum* Type I Barricades Pedestrian Barricades $4.00 each $.40 each Type III Barricades Parade Barricades $2.75 each $3.00 each Traffic Control Technicians Traffic Control Technicians Overtime (per hour) $105.00 per hour (per hour) $145.00 per hour * The unit price for water truck service depends on the quantity of barriers per event. Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. David Tangitau President Printed Name of Authorized Agent Title 01 /17/2022 Signature of Authorized Agent Date City t,ni moil 97 — 17 Also 1gg City of Santa Ana RFP 21-139 Page 39 Parks, Recreation, and Community Services www.santa-ana.org/parks fl Item # 28 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Agreement with Al Party Rental for Event Equipment Rental Services AGENDA TITLE: Agreement with Al Party Rental for Event Equipment Rental Services at City Events for an Annual Amount not to exceed $86,000 for the Period April 1, 2022 to March 31, 2025, for a Total Agreement Amount of $258,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Al Party Rental for event equipment rental services at City events for an annual amount not to exceed $86,000 for the period April 1, 2022 to March 31, 2025, for a total agreement amount of $258,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 20, 2021, staff issued Request for Proposal (RFP) for various special event services. The RFP supports the Parks, Recreation, and Community Services Agency (PRCSA)'s efforts to bring together the elements needed to provide multiple City -produced events throughout the year. An evaluation committee consisting of representatives from PRCSA reviewed and rated the proposals according to the criteria listed in the RFP. The criteria includes firm/team experience, references/relevant experience, manner for performing services, and fee. The City received one proposal. City staff reviewed the proposal and based on the results of the review and experience in working with the vendor in the past, PRCSA is recommending entering into an agreement with Al Party Rental for a three-year term. Use of these services will be contingent on the City's approval of funding for City events each fiscal year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified years: City Council 28 — 1 4/5/2022 Agreement with Al April 5, 2022 Page 2 Party Rental Event Equipment Rental Services Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 22- 01113230-62300 General PRCSA-Recreation and $86,000 23 Fund Community Services - Contractual Services Professional FY 23- 01113230-62300 General PRCSA-Recreation and $86,000 24 Fund Community Services - Contractual Services Professional FY 24- 01113230-62300 General PRCSA-Recreation and $86,000 25 Fund Community Services - Contractual Services Professional EXHIBIT(S) 1. Agreement Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 28 — 2 4/5/2022 Exhibit 1 AGREEMENT WITH Al PARTY RENTAL TO PROVIDE, INSTALL, AND REMOVE RENTAL EQUIPMENT FOR VARIOUS CITY EVENTS THIS AGREEMENT is made and entered into this 15th day of March 2022, by and between Al Party Rental ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On December 20, 2021, the City issued Request for Proposal No. 21-139, by which it sought a qualified contractor to provide various event services for the City's Parks, Recreation, and Community Services Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-139. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-139, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in the Fee Schedule, which is attached as Exhibit B and incorporated in full. The annual compensation for services provided under RFP No. 21-139 shall not exceed Eighty -Six Thousand Dollars and Zero Cents ($86,000) with a total Agreement amount not to exceed Two Hundred Fifty -Eight Thousand Dollars and Zero Cents ($258,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City Council 28 — 3 4/5/2022 Page 1 of 10 Exhibit 1 3. TERM This Agreement shall commence on April 1, 2022 and terminate on March 31, 2025, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data that were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 28 — 4 4/5/2022 Page 2 of 10 Exhibit 1 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. 5. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). City Council 28 — 5 4/5/2022 Page 3 of 10 Exhibit 1 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. City Council 28 — 6 4/5/2022 Page 4 of 10 Exhibit 1 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. City Council 28 — 7 4/5/2022 Page 5 of 10 Exhibit 1 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement City Council 28 — 8 4/5/2022 Page 6 of 10 Exhibit 1 shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: A 1 Party Rental Attn: Rene Martinez, COO 251 E Front Street Covina, CA 91723 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. City Council 28 — 9 4/5/2022 Page 7 of 10 Exhibit 1 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, City Council 28 — 10 4/5/2022 Page 8 of 10 Exhibit 1 interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney ` randon Salvatierra Deputy City Attorney CITY OF SANTA ANA Kristine Ridge City Manager Al PARTY RENTAL q A -A Rene a incz Chief Operating Officer `signatures continued on next page] City Council age 9 ol I U 28 — 11 4/5/2022 Exhibit 1 RECOMMENDED FOR APPROVAL Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency City Council 28 — 12 4/5/2022 Page 10 of 10 Exhibit 1 EXHIBIT A City Council 28 — 13 4/5/2022 Exhibit 1 Appendix ATTACHMENT 1-A SCOPE OF WORK SERVICE: EQUIPMENT RENTAL -LARGE EVENTS The City is seeking a company with the capacity to provide rental equipment for large-scale events. Below is a sample listing of equipment rented for a previous large-scale event and approximate quantities. Quantity Equipment Quantity Equipment 3200 Astro Turf (sq.ft.) 25 Fire Extinguisher 380 Canopy Base 1 Forklift 95 Canopy (various sizes) 3 Generator 6 Canopy Water Barrel 120 Lights (various types) 400 Chair (various types) 15 Linen(various sizes) 2 Cooler 2 Lounge Sofa 100 Electrical Cord (various lengths) 50 Portable Restroom (various types) 100 Table Cover (various sizes) 85 Sandbag 75 Drapery 20 Sink (various types) 1 Electrical Dist. System 160 Table (various sizes) 20 Electrical Outlet 10 Trash Can 4 Fan 30 Two -Way Radios 2 Water Hose 16 Water Tanks Labor Fencing The contractor will be expected to provide, install, set -up, maintain and remove rental equipment for requested events. The contractor is also expected to coordinate with various City departments and other contractors associated with the event. The contractor is expected to obtain the necessary permits for temporary structures and utilize a licensed contractor to pull the necessary permits. Once a plan has been approved by City (authorized representative), the contractor will sign a notice -to -proceed letter, agreeing to comply with the scope of the plan. Equipment to be provided by the contractor includes, but is not limited to items listed above. City may request additional equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. rite rnimril 7R _ JA A1r%19 99 City of Santa Ana RFP 21-139 Page 12 Exhibit 1 EXHIBIT B City Council 28 — 15 4/5/2022 Exhibit 1 Appendix ATTACHMENT 3-8-A FEE SCHEDULE SERVICE: EQUIPMENT RENTAL -LARGE EVENTS City may request equipment or services during the term of the agreement at prices identified in the price listing. If a requested item is not listed on the price listing the city will negotiate a price with the company. Include a picture of each equipment item listed below. Equipment Unit Price Equipment Unit Price Canopy (10'x10') $104.50 Portable Toilet $95.00 Canopy (10'x20') Portable Toilet (ADA) $198.00 $150.00 Canopy (20'x20') Handwashing Sink -Two Station $297.00 $70.00 Sidewall (8'x10') Artificial Turf (sq.ft) $16.50 $0.77 Sidewall (8'x20') Picket Fence (6' length) $33.00 $16.50 Canopy Base -Steel Generator 12SKVA $4.95 $800 for 8hr Table (60" Round) Electrical Distribution System $13.75 $4, 500.00 Table (8'00") $12.65 Light Tower $275.00 Linen (120 length) Delivery/Pick Up (per trip) $20.90 $300.00 Folding Chair Labor (per hour) $1.32 $85.00 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - The proposer warrants that the prices, terms and conditions quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. Rene Martinez Printed Name of Authorized Agent Title 1 /20/2022 Signature of Authoriz6d Agent Date rite rni mril 9A _ 1 A i/1;/9n99 City of Santa Ana RFP 21-139 Page 35 • Parks, Recreation, and Community Services www.santa-ana.org/parks i Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Proposed Partnership and Sponsorship Policies AGENDA TITLE: Resolution Approving the City of Santa Ana Partnership Policy; Resolution Approving the City of Santa Ana Sponsorship Policy RECOMMENDED ACTION 1. Adopt a resolution approving the City of Santa Ana Partnership Policy to establish guidelines and procedures governing how partnerships between the City and external entities transpire in an effort to expand or enhance programs and services the City delivers to Santa Ana residents and visitors. 2. Adopt a resolution approving the City of Santa Ana Sponsorship Policy to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City to Santa Ana residents and visitors. DISCUSSION About the Partnership Policy The establishment of the proposed City of Santa Ana Partnership Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements: (1) Align with the City's mission, vision, or values; (2) Provide an equitable process for potential partners; (3) Maximize available community resources; and (4) Encompass a broad spectrum of agreements and strategies. This policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities. Significant areas of the proposed Partnership Policy include the following: • TYPES OF PARTNERSHIPS The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to City Council 29 — 1 4/5/2022 Proposed Partnership and Sponsorship Policies April 5, 2022 Page 2 amplify reach within the community, and (4) an impactful community investment. These partnerships can take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision -making, while other partnerships take a more passive role. • GUIDING PRINCIPLES The guiding principles serve as a framework for the City to consider potential partnerships such as (1) mutual benefits and consistency with City policy, (2) mitigated risk, (3) coordination, and (4) performance measurement and evaluation. • PARTNERING PROCESS The partnering process describes the steps for the creation of a partnership with the City. • EVALUATION PROCESS The evaluation process includes determining whether the proposed partnership meets the mission, vision or values of the City. • PARTNERSHIP AGREEMENTS Partnership Agreements will include contractual language consistent with all applicable City policies and ordinances and good business practices. Partnership agreements shall be approved by the City Council. • EXCLUSIONS The City reserves the right to reject proposed partnerships deemed inappropriate or offensive in any manner. About the Sponsorship Policy The establishment of the proposed City of Santa Ana Sponsorship Policy is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana to its residents and visitors. Sponsorships are cash or in -kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor's name, logo message, products or services. This policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources. Significant areas of the proposed Sponsorship Policy include the following: • GUIDELINES FOR ACCEPTABLE SPONSORSHIPS City Council 29 — 2 4/5/2022 Proposed Partnership and Sponsorship Policies April 5, 2022 Page 3 Eligible sponsors must be businesses, nonprofit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City. • APPLICATION SUBMISSION The City shall compile and make available to the public a list of potential sponsorship opportunities. • APPLICATION EVALUATION In assessing sponsorship proposals, the City will consider established criteria. • SPONSORSHIP AGREEMENTS Sponsorship agreements shall be evaluated on a case -by -case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council. • EXCLUSIONS The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The full text of each policy is attached to this staff report, along with their accompanying resolutions. FISCAL IMPACT There is no fiscal impacted related to this report. EXHIBIT(S) 1. Resolution approving the Partnership Policy 2. Resolution approving the Sponsorship Policy Submitted By: Lisa Rudloff, PRCSA Executive Director Approved By: Kristine Ridge, City Manager City Council 29 — 3 4/5/2022 Exhibit 1 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PARTNERSHIP POLICY WHEREAS, the City gets many requests annually to partner with various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of partnership opportunities with the City and define the process for such partnerships; and WHEREAS, the proposed Partnership Policy will be a clear and transparent way to outline the process for partnering with the City for a wide variety of events and opportunities; and WHEREAS, the City believes that partnerships will enhance programs and services provided to Santa Ana residents and visitors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Partnership Policy, attached as Exhibit A, is hereby approved. Section 2. 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 April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: off - N. Q""' Laura A. Rossini Chief Assistant City Attorney City Council 29- 4 Resolt4t�T022-XXX age 1 of 2 Exhibit 1 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 Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 29— 5 Resolt4t�T022-XXX age2of2 Exhibit 1 16 City of Santa Ana Administrative Policies and Procedures City Manager's Authorization City of Santa Ana Partnership Policy Date [Month Day, Year] Purpose The purpose of the City of Santa Ana ("City") Partnership Policy ("Policy") is to establish policies, guidelines and procedures governing how partnerships between the City and external entities transpire. The intent of a partnership is to expand or enhance programs and services the City delivers to Santa Ana residents. Definition L The establishment of this Policy is to ensure that the City employs a strategic approach for considering potential partnerships that will enhance programs and services provided to Santa Ana residents and visitors. Partnerships shall be inclusive of the following elements: (1) align with the City's mission, vision, or values; (2) provide an equitable process for potential partners; (3) maximize available community resources; and (4) encompass a broad spectrum of agreements and strategies. This Policy enables the City to be proactive, rather than reactive, when presented with potential partnership opportunities. Policy 1. TERMS GLOSSARY (Appendix A) 2. TYPES OF PARTNERSHIPS The types of partnerships are working agreements having (1) achievable mutual interests between the City and partnering entities, (2) an increased likelihood of the City and partnering entities achieving their respective mission, (3) the ability to amplify reach within the community, and (4) an impactful community investment. These partnerships can take the form of cash gifts and donor programs, improved access to alternative funding, property investments, charitable trusts, labor, materials, equipment, continued sponsorships, technical skills, and other forms of value. The effective use of volunteers can also figure significantly into developing partnerships. Some partnerships involve active decision making, while other partnerships take a more passive role. 2.1 Active Partnerships Active partnerships include leases, contracts, sponsorship agreements, marketing agreements, management agreements, joint -use agreements, inter -governmental agreements, or any combination thereof. Proposed partnerships considerations include, but are not limited to, facility, service, maintenance, operations, program development, and other associated needs. 99 Pli for/Private Padnerchipc City Council , 29 — 6 4/5/2022 Exhibit 1 A public/private partnership is between a government entity and a private company. 2.3 Public/Non-Profit Partnerships A public/non-profit partnership is between a government entity and a non- profit organization. 2.4 Public/Public Partnerships A public/public partnership is between two government entities 2.5 Sponsorships %k Sponsorships for facilities and programs is one type of beneficial partnership. 3. GUIDING PRINCIPLES The guiding principles below serve as a framework for the City to consider potential partnerships. 3.1 Mutual benefits and Consistency with City Policy Both the City's and the partner's goals should be openly and clearly stated. The City will strive to determine that a proposed partnership be mutually beneficial to both parties. All partnerships shall be consistent with all applicable policies and procedures set by the City. 3.2 Mitigated Risk The partners, its employees, and potential subcontractors must comply with all applicable laws, codes, rules, regulations and requirements pertaining to the execution of the partnership. 3.3 Coordination The City Manager or designee will align each proposed partnership with all City departments identified as being crucial to the success of the associated program or project. 3.4 Performance Measurement and Evaluation At the outset of each partnership, a set of achievable performance measures shall be established. At the conclusion of each project, a report evaluating the project against the stated performance measures and any additional information should be completed and forwarded to the City Manager's Office or designee. 4. PARTNERING PROCESS The partnering process describes the steps for the creation of a partnership with the City. 4.1 Define scope of partnership, including a description of the community need, partnership benefits, and general strategy, as well as the following: 4.1.1 Consistency of the goals of the proposed partnership with the City's mission, vision, or values, and core services. City Council 2 29 — 7 4/5/2022 Exhibit 1 4.1.2 Consistency with existing laws, along with the City's policies and practices. 4.1.3 Balance between the potential benefit of the partnership with the level of risk assumed by the City. 4.1.4 Potential for actual or perceived conflicts between demonstration partners' and City's goals or business practices. 4.2 Develop a Request for Proposal (RFP) to solicit desired partnership opportunities. 4.3 The City Manager or designee, along with City staff members from the participating City department, reviews all responsive proposals received through a competitive proposal process. 4.4 Partnership Agreements shall be approved by the City Council. 10 5. EVALUATION PROCESS \ The City Manager or designee shall make an initial determination as to whether the proposed partnership meets the mission, vision or values of the City. If the proposed partnership meets these initial evaluation criteria, then the City shall be responsible for further evaluating the proposal and returning a recommendation to the City Manager or designee for consideration. Should the proposal not meet the initial evaluation criteria, then the City Manager or designee shall notify the proposer of the determination. 6. PARTNERSHIPS AGREEMENTS Partnership Agreements shall be evaluated on a case -by -case basis and will include contractual language consistent with all applicable CITY policies and ordinances and good business practices. Partnership Agreements shall be approved by the City Council. 7. EXCLUSIONS The City reserves the right to reject proposed partnerships that the City deems inappropriate or offensive in any manner. The below partnerships will not be considered: 7.1 Promote practices that violate federal, state or local laws or regulations 7.2 Parties involved in a lawsuit with City 7.3 Promote drugs, alcohol, tobacco or tobacco -related products, gambling, or adult materials or entertainment 7A Discriminate based upon a protected class or any other basis prohibited by federal or state law 7.5 Prohibited by local, state or federal law or regulations 7.6Include religious symbols, references or statements 7.7Include political symbols, references or statements 7.8 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations 7.9 Derive their business from the sale of alcohol, tobacco or tobacco -related products, firearms, pornography or sexually explicit goods or services 7.10 Appear to be in conflict with City policies, procedures, services, or products 7.11 Create or appear to create a conflict of interest or a potential conflict of interest City Council 3 29 — 8 4/5/2022 Exhibit 1 APPENDIX A TERMS GLOSSARY A. "City": the City of Santa Ana B. "City Land": property owned, operated or leased by the City. C. "Donation": a monetary (cash) contribution, endowments, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return. D. "Donation Policy": an established City policy that encourages individuals to donate to the City, which may increase the level of services provided to residents. E. "Facility": a building or permanent structure that is located on land owned or operated by the City. F. "For -Profit": an individual, organization or business that does not have tax- exempt status under the Internal Revenue Code. �/_N G. "Formal Proposal": a proposal from a prospective partner submitted for consideration through the City Manager's Office. H. "Partner": a private entity, non-profit organization or other governmental agency. I. "Partnership": a cooperative agreement between the City and one or more partners to attain a common goal or purpose. Partnerships combine complementary resources to either establish mutual direction or complete a mutually beneficial project. J. "Partnership Agreements": several forms of formal agreements, such as lease agreements, management and/or operating agreements, maintenance agreements, intergovernmental agreements, or any other agreements, as deemed appropriate by the City. K. "Partnership Plan": the procedural guidelines for implementation of Partnership Policy. L. "Private Party": an individual, group or organization that excludes participation by the public and is either not -for -profit or for -profit. M. "Non -Profit Organization": a tax-exempt organization as defined under relevant sections of the Internal Revenue Code. City Council 4 29-9 4/5/2022 Exhibit 1 N. "Restricted Donation": donations designated at donor request for a particular City event, location, program or purpose. O. "Sponsorship": the relationship between a sponsor and the City, in which the sponsor pays a cash or in -kind fee, in return for access to the commercial potential associated with a facility, program or service. P. "Sponsorship Policy": an established City policy for considering potential sponsorships that enhance and support the various programs and services provided by the City. Q. "Unrestricted Donation": a donation to the City without any limitation upon its use. City Council 5 29 — 10 4/5/2022 Exhibit 2 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S SPONSORSHIP POLICY WHEREAS, the City gets many requests annually for sponsorship opportunities from various businesses, companies and/or non-profit entities; WHEREAS, the City desires to adopt a set of guidelines that will govern the evaluation of sponsorship opportunities with the City; WHEREAS, the proposed Sponsorship Policy will be a clear and transparent way to outline the process for sponsoring available City events and/or obtaining other sponsorship opportunities with the City; and WHEREAS, the City believes that sponsorships will enhance the programs, events and projects provided by the City to its residents and visitors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Sponsorship Policy, attached as Exhibit A, is hereby approved. Section 2. 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 April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Laura A. Rossini Chief Assistant City Attorney City Council 29 — 11 Resolt4t�T022-XXX age 1 of 2 Exhibit 2 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 Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on April , 2022. Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 29— 12 Resolt4t�TM022-XXX age2of2 Exhibit 2 16 fn CITY of Santa Ana Administrative Policies and Procedures City Manager's Authorization City of Santa Ana Sponsorship Policy Date [Month Day, Year] Purpose The purpose of the Santa Ana Sponsorship Policy ("Policy") is to provide an effective framework for considering potential sponsorships that will enhance the programs, events, and projects provided by the City of Santa Ana ("City') to its residents and visitors. Definition Sponsorships are cash or in -kind products and services offered by sponsors with the clear expectation that an obligation is created. The recipient is obligated to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and/or the sponsor's name, logo message, products or services. This Policy addresses sponsorships, the agreements for the procurement of the resources, and the benefits provided in return for securing those resources. Policy 1. TERMS GLOSSARY (See Appendix A) 2. GUIDELINES FOR ACCEPTABLE SPONSORSHIPS Eligible sponsors must be businesses, non-profit groups, or individuals that promote mutually beneficial relationships for the City. All potential sponsorships must create a collaborative working relationship with the City, while taking into consideration community benefits and contributions, knowledge, and potential or perceived conflict of interest. All sponsorships should promote the vision, mission, or values of the City. The City expects any proposed sponsorship will have benefits for all involved parties, including, but not limited to, benefits for the City and the community, and benefits for the sponsor. Benefits for the sponsor may include the following: (1) print and electronic media recognition; (2) press release mentions; (3) on -site and off -site signage recognition; (4) access to VIP areas, receptions, or events; and (4) complimentary booth space. Signage recognition information provided in the Sponsorship Agreement shall be effective throughout the duration of the agreement and in accordance with Santa Ana Municipal Code (SAMC) sections 41-871 and 41-872. 3.0 APPLICATION SUBMISSION The City Manager's Office or designee shall compile and make available to the public a list of potential sponsorship opportunities. Preliminary proposals shall be submitted to the City Manager's Office for consideration and be in the format as outlined in the Sponsorship Application. 3.1 Sponsorship Proposal City Council 29 — 13 4/5/2022 Exhibit 2 Entities interested in establishing a City -sponsor relationship must submit a Sponsorship Application. The Sponsorship Application shall include a scope of the proposed sponsorship, including, but not limited to, the following: 3.3.1 Description of organization and specific target market 3.3.2 Summary of sponsorship proposal 3.3.3 Sponsorship categories and events of interests 3.3.4 Benefits of collaboration 3.2 Categories of Sponsorships The categories of sponsorships, listed in order of highest to lowest priority, is as follows: 3.2.1 Primary Sponsor/ Citywide Event Program Sponsor 3.2.2 Title Sponsor / Interest Specific Event Sponsor 3.2.3 Presenting Sponsor / Single Event Sponsors 3.2.4 Sponsor / Event Contributor 3.2.5 Media Sponsor 3.2.6 Official Supplier 3.2.7 Co -Sponsor 4 APPLICATION EVALUATION In assessing sponsorship proposals, the City will consider, as appropriate, the following criteria: 4.2 Compatibility of prospective sponsor's products, services and marketing goals with the City's mission, visions or values. 4.3 How proposed sponsorship supports current priorities, programs, and core services of the City, as defined in the City's current budget or other documents. 4.4 The proposed sponsorship meets a need identified by policies related to provision of services and programs, the adopted City budget, or City policies. In addition, the proposed sponsorship enhances current City priority programs and/or core services by providing additional programming, financial and/or in - kind resources, community outreach, volunteers, or other tangible support at least equivalent to the City's contributions, or reduces General Fund expenditures. 4.5 Compatibility of sponsorship marketing benefits and temporary advertising with design standards or visual integrity of City facilities and/or events as defined in the City's various policies and procedures relating to branding and style, the City logo, Zoning Code, and any applicable provisions of the Santa Ana Municipal Code. 4.6 Tangible and intangible benefits balanced for both the sponsor and the City. 4.7 The prospective sponsor is one of the following: 4.7.1 Incorporated 501(c)(3) nonprofit organization City Council 29 — 14 4/5/2022 Exhibit 2 4.7.3 Public agency 4.7.4 For profit, commercial and/or private business; or individual committee formally established by the City Council or an official City Board or Commission 4.7.5 Established club, association or organized group, as determined by the City Manager's Office or designee that provides services and programs directly to Santa Ana residents 4.8 Prior relationships with the sponsor and the City have been successful. 5 SPONSORSHIP AGREEMENTS Sponsorship agreements shall be evaluated on a case -by -case basis and will include contractual language consistent with all applicable City policies and ordinances and good business practices. Sponsorship agreements shall be approved by the City Council. 6 EXCLUSIONS The City reserves the right to reject proposed sponsorships deemed inappropriate or offensive in any manner. The below sponsorships will not be considered. 6.1 Promote practices that violate federal, state or local laws or regulations 6.2 Parties involved in a lawsuit with City 6.3 Promote drugs, alcohol, tobacco or tobacco -related products, gambling or adult materials or entertainment 6.4 Discriminate based upon a protected class or any other basis prohibited by federal or state law. 6.5 Include religious symbols, references or statements 6.6 Include political symbols, references or statements 6.7 Endorse products or services that do not comply with City policies or procedures, or that violate federal, state or local laws or regulations 6.8 Derive their business from the sale of alcohol, tobacco or tobacco -related products, firearms, pornography, or sexually explicit goods or services 6.9 Appear to be in conflict with City policies, procedures, services, or products. 6.10 Create or appear to create a conflict of interest or a potential conflict of interest. APPENDIX A TERMS GLOSSARY A. "City": the City of Santa Ana. B. "Citywide Event Program Sponsor": supporting all City of Santa Ana events or combination of various events during the year. C. "Co -Sponsors": a sponsor of the same program or service as another. City Council 3 29 — 15 4/5/2022 Exhibit 2 D. "Donation": a monetary (cash) contribution, endowment, personal property, real property, financial services, equipment, in kind goods or services, or any other asset that the City has accepted and for which the donor has not received any goods or services in return. E. "Event Contributor": contributing supplies, in -kind services, and assistance with event programming. F. "In -Kind Sponsorship": payment of a sponsorship fee in goods or services rather than cash. G. "Interest -Specific Event Sponsor": event programming for an interest - specific program category during the year. Category sponsorships are ideal for companies and organizations interested in aligning their brand with a specific or niche target market. H. "Media Sponsor": television and radio stations, print media, and outdoor advertising companies that provide cash, or more frequently, advertising time or space, in exchange for official designation of a facility, program or service. "Official Supplier": a company or organization that pays a premium or provides substantial economic benefit in exchange for the right to be the sole advertised provider of goods or services provided to the City. J. "Presenting Sponsor": the sponsor that has its name presented just below that of the sponsored facility, program or service. K. "Primary Sponsor": the sponsor providing the largest contribution and receiving the most prominent recognition. L. "Single Event Sponsors": a sponsor that supports one event of their choice during the year. Sponsorship benefits vary depending on event. M. "Sole Sponsor": a company or organization that has paid to be the only sponsor of a facility, program or service. N. "Sponsorship": the relationship between a sponsor and the City, in which the sponsor pays a cash or in -kind fee, in return for access to the commercial potential associated with a facility, program or service. O. "Sponsorship Fee": a payment made by a sponsor to the City. City Council 4 29 — 16 4/5/2022 Human Resources www.santa-ana.org/hr Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: CaIPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process AGENDA TITLE: Approve Amended and Restated Resolution to Update the Required Language from CaIPERS Delegating Authority to the City Manager for Disability Retirement Determinations and Applications and Recognizing an Appeal Process RECOMMENDED ACTION Adopt a resolution for an amendment to and restatement of Resolution No. 92-061 delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members. DISCUSSION On January 7, 1974, the City Council adopted Resolution No. 74-6, which delegated to the City Manager the authority to make determinations of disability on behalf of the City, whether such disability is industrial, and to certify such determinations and all other necessary information to the California Public Employees' Retirement System ("CaIPERS"). On December 17, 1985, the City adopted Resolution No. 85-157, which repealed Resolution No. 74-6 and delegated to the City Manager the authority to make determinations regarding disability retirements on behalf of the City and provided for an appeals process for an employee to appeal the City Manager's determination. On July 7, 1987, the City Council adopted Resolution No. 87-56, which amended Resolution No. 85-157 to provide the appeal would be at no cost to the City employee, repealing sections 3-6 of Resolution No. 85-157 (describing said costs). On April 3, 1992, the City adopted Resolution No. 92-061, delegating authority to the City Manager to make disability retirement determinations and providing for the appeal hearing of any local safety member before an administrative law judge instead of the City Council. CaIPERS has determined that the current resolution (Resolution 92-061) does not include the required language authorizing the City Manager perform the necessary actions to effectuate the full Disability Retirement process, specifically, to sign Employer -Originated Disability ("ERO") applications, which is necessary under the Government Code. For the City to be in compliance, it would be necessary for the current resolution to be updated City Council 30 — 1 4/5/2022 CalPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process April 5, 2022 Page 2 and approved by the City Council, with a copy of the executed document to be submitted to CalPERS. Government Code § 21153 states, "Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731." The California Public Employees' Retirement System Public Agency & Schools Reference Guide, January 2022 edition, provides further instruction for contracting agencies: As soon as it is believed the CaIPERS member is unable to perform the job because of an illness or injury, which is expected to be permanent, or last at least 12 consecutive months or will result in death as determined based on competent medical opinion, application for Disability Retirement or Industrial Disability Retirement should be submitted by either the member or on the member's behalf. The medical condition does not have to be "permanent and stationary" under Workers' Compensation to submit the application (Gov. Code sections 21153 and 21252). Therefore, for the good and efficient order of operations, staff recommends approval of the amendment to and restatement of Resolution No. 92-061, delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Resolution 92-061 Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager City Council 30 — 2 4/5/2022 RESOLUTION 2022-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL AMENDING AND RESTATING RESOLUTION 92-061 PROVIDING FOR DELEGATION OF AUTHORITY TO THE CITY MANAGER TO PERFORM NECESSARY ACTIONS TO APPLY FOR DISABILITY AND INDUSTRIAL DISABILITY RETIRMENTS FOR MISCELLANEOUS AND LOCAL SAFETY MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 21173 WHEREAS, the City of Santa Ana is a contracting agency of the California Public Employees' Retirement System ("CaIPERS"); and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and such disability is "industrial" within the meaning of such Law; and WHEREAS, on December 17, 1985, the Santa Ana City Council approved Resolution No. 85-157, delegating to the City Manager the authority or duty to make CaIPERS disability retirement determinations and the right to appeal the City Manager's determination to the City Council; WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No. 87-56 amending Resolution No. 85-157 to provide that the appeal would be at no cost for the City employee and repealing sections 3-6 of Resolution No. 85-157; and WHEREAS, on June 15, 1992, the Santa Ana City Council approved Resolution No. 92- 061 delegating authority to the City Manager to make disability retirement determinations and modifying the appeal procedures for local safety members of CaIPERS to conform with changes in the law that required that any appeal hearing be conducted by an administrative law judge; and WHEREAS, the Santa Ana City Council has determined upon legal advice that it may delegate authority under Government Code section 21173 to make determinations whether an employee of the City of Santa Ana classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law to the City Manager; and WHEREAS, the Santa Ana City Council has determined that it is necessary to amend and restate Resolution No. 92-061 to summarize the delegation of authority to the City Manager, which includes the authority to perform all necessary actions to effectuate the full disability and industrial disability process for City employees that are miscellaneous and local safety members of CaIPERS; Resolu Vs oAAA 30 — 3 4/5/2022 Page 1 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The Santa Ana City Council delegates to the City Manager the authority to make application on behalf of the City of Santa Ana pursuant to Government Code section 21152(c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability. Section 2. The Santa Ana City Council delegates to the City Manager the authority to make determinations of disability on behalf of the City of Santa Ana under Government Code 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to CalPERS. Section 3. A local safety member of CalPERS may appeal the determination by the City Manager regarding whether the local safety member is or is not incapacitated for purposes of eligibility to retire for disability. Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:'l a', A. �." /Y\- X- Laura A. Rossini Chief Assistant City Attorney Resolution No. 2022-XXX City Council 30 — 4 4/5/20 e 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana m Date: WIWAV•A Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 3 ity Council 30 — 5 4/5/2022 0119 4/3/92 . • 04 00yZW 11160, 92-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DISABILITY RETIREMENT DETERMINATIONS AND PROVIDING FOR APPEAL PROCEDURES FOR LOCAL SAFETY MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS, the City of Santa Ana (hereinafter referred to as "Agency") is a contracting agency of the Public Employees' Retirement System ("PERS"); and WHEREAS, Government Code Section 21034 provides that the governing body of a contracting agency may delegate authority or duty imposed or conferred by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) to a subordinate officer subject to such conditions as may be imposed; and WHEREAS, on December 17, 1985, the City Council passed and adopted Resolution No. 85-157, delegating to the City Manager in Section 1 of said Resolution the authority or duty to make PERS. disability retirement determinations as that duty is conferred on the City Council by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) pursuant to Section 21034 of the Government Code; and WHEREAS, Section 2 of Resolution No. 85-157, as amended by Resolution No. 87-56, passed and adopted by the City Council on July 7, 1987, provided for an appeal of the City Manager's decision to the City Council; and WHEREAS, Government Code Section 21025 was amended, effective January 1, 1992 (Stats. of 1991, Ch. 1159) to require contracting agencies to conduct a hearing in accordance with the Administrative Procedures Act, Title 2, Division 3, Part 1, Chapter 5 of the Government Code (commencing with Section 11500) when a local safety member of PERS appeals the decision of the contracting agency; and WHEREAS, the City Council of the City of Santa Ana now desires to conform to the amended version of Government Code section 21025 and to set forth the procedure for appeal of a determination by the City Manager of the disability retirement of the City's local safety members of PERS. City Council 30 — 6 4/5/2022 on, RESOLUTION NO. 92-061 PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council does hereby delegate to the City Manager the authority or duty conferred on the governing body by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) pursuant to Section 21034 of the Government Code to make the initial determination of the entitlement of a local safety member of PERS to disability retirement. 2. The authority so delegated to the City Manager may be exercised by any officer of the City deputized to exercise any and all authority granted to the office of the City Manager by charter and ordinances of the City of Santa Ana, by Resolution No. 90-109, or by any resolution or agreement superseding Resolution No. 90- 109. 3. The appeal of any local safety member of PERS who has received an adverse determination by the City Manager of his/her disability retirement shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. ADOPTED this 15th day of June 199-2-. ATTEST: DanH. Young Mayor 1 nice C. Guy Clerk of the Council COUNCILMEMBERS: Young Aye Pulido Aye Acosta dye Griset Aye McGuigan use Norton AYP_ Richardson Alp APPROVED AS TO FORM: Edwa oo er City Attorney City Council 30-7 4/5/2022 CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9a7- of to be the original resolution adopted by the City Council of the City of Santa Ana on -/-r-92L r, rk the Council, Date y of Santa Ana City Council 30 — 8 4/5/2022 Clerk of the Council Office www.santa-ana.org/cc Item # 31 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Assembly Bill 361 AGENDA TITLE: Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 telecommuting resolution City Council 31 — 1 4/5/2022 Assembly Bill 361 April 5, 2022 Page 2 for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. Most recently on March 15, 2022, the City Council adopted Resolution No. 2022-021, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 31 — 2 4/5/2022 RESOLUTION 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, and 2022-021 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19-1 and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). Resolution 2022-XXX City Council 31 — 3 4MM of 3 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Santa Ana as follows: SECTION 1. The above recitals are true and correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this day of April, 2022. Vicente Sarmiento Mayor /_1»:to] ►T121D7_V2r011901 OVA5 Sonia R. Carvalho City Attorney Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2022-XXX Pa i y ouncil 31 — 4 4/5/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Clerk of the Council City of Santa Ana Resolution 2022-XXX City Council 31 — 5 477M of 3 Community Development Agency santa-ana.org/cd Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Fourth Amendment to Operating Agreement with Illumination Foundation AGENDA TITLE: Approve a Fourth Amendment to Illumination Foundation Agreement to Operate a Temporary Shelter at the Fullerton Recuperative Care Center for up to Four Additional Months (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a fourth amendment to the agreement with Illumination Foundation to extend the term to operate a temporary shelter at the Fullerton Recuperative Care Center for up to an additional four months through June 30, 2022, at the rate of not to exceed $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a fourth amendment to the ESG-CV funding agreement with Illumination Foundation to pay a not -to -exceed amount of $1,100,000 based upon costs and documentation, and a total aggregate amount not to exceed $3,278,000, to extend the operation of the shelter at the Fullerton Recuperative Care Center, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, the City is unsure when the site will be open and operational. An amendment to the Illumination Foundation agreement will provide for the continuity of care for shelter guests to remain at the temporary shelter until a Certificate of Occupancy is achieved and shelter guests can be transferred to the new site. The same funds that were anticipated to be used for the operation of the Carnegie Navigation Center will instead be used for the extension of the temporary shelter. On April 6, 2021, the City Council approved an agreement with Illumination Foundation to operate a temporary shelter for $230,000 per month for 75 guest and a per diem rate of $55 per guest in excess of 75, in an amount not to exceed $1,500,000 from May 1, 2021 through September 30, 2021. On September 7, 2021, staff recommended that the City Council 32 — 1 4/5/2022 Fourth Amendment to Operating Agreement with Illumination Foundation April 5, 2022 Page 2 City Council approve an amendment to the agreement with Illumination Foundation to continue to operate a temporary shelter at the Fullerton Recuperative Care Center for up to four more months and add $600,000 to the contract amount, for an overall not -to - exceed amount of $2,100,000. The City Council approved an amendment for two months only, and added $300,000 to the contract amount, for an overall not -to -exceed amount of $1,800,000. On November 16, 2021, the City Council approved an amendment to the agreement with Illumination Foundation to extend the term of the contract for up to an additional two months, through January 31, 2022. No additional funds were added at that time because the daily census count of individuals was less than 75, thereby reducing the monthly costs to the City. On January 18, 2022, the City Council approved an amendment to the agreement with Illumination Foundation to extend the term of the contract for up to an additional month at the per diem rate of $135 for an additional amount not to exceed $378,000 and a total aggregate amount not to exceed $2,178,000. The Fullerton Recuperative Care Center provides beds for men, women and pets, following the City's referral process and no walk-in policy. As the selected operator of the new Navigation Center, staff will transfer along with guests to the new site, without any interruption to services. FISCAL IMPACT Funds in the amount of $1,100,000 for the fourth amendment to the agreement are available in the Emergency Solutions Grant -CV grant, Payment to Subagent account (no. 13518789-69135) for expenditure in the current fiscal year. EXHIBIT(S) 1. Fourth Amendment to agreement with Illumination Foundation to operate the Fullerton Recuperative Care Center as the Link temporary shelter 2. Fourth Amendment to funding agreement with Illumination Foundation for use of ESG-CV funds to operate the Recuperative Care Center as a temporary shelter Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 32 — 2 4/5/2022 EXHIBIT 1 FOURTH AMENDMENT TO OPERATING AGREEMENT WITH THE ILLUMINATION FOUNDATION FOR USE OF THE FULLERTON RECUPERATIVE CARE CENTER THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on April 5, 2022, by and between The Illumination Foundation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-046, dated April 6, 2021, by which Contractor agreed to administer and operate a portion of the Fullerton Recuperative Care Center to temporarily house clients referred by the City and Street Outreach teams ("Agreement"). B. The parties entered into a First Amendment to said Agreement No. A-2021-174 dated September 8, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 dated November 16, 2021, in order to again extend the Term of said Agreement. D. The parties entered into a Third Amendment to said Agreement No. A-2022-006-01 dated January 18, 2022, in order to again extend the Term of said Agreement and increase the maximum amount of Compensation for said Agreement. E. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section 2 — Effectiveness and Term of Agreement, to extend the Term of said Agreement, and Section 3 — Compensation, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows: 1. Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022. 2. Section 3(b), Compensation, shall be amended to increase the maximum amount of compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total sum to be expended under said Agreement shall not exceed three -million two -hundred and seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement. City Council age I o 2 — 3 4/5/2022 EXHIBIT 1 3. Except as modified by this Fourth Amendment, all terms and conditions of said Agreement, as modified by the First, Second, and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Att By: RYA DGE AssistMt City Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION Name: JOHN H. ING Title: Chief Financial Officer City Council age ° 2 — 4 4/5/2022 EXHIBIT 2 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE ILLUMINATION FOUNDATION FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on April 5, 2022, by and between The Illumination Foundation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-047-02, dated June 1, 2021, by which Contractor agreed to use ESG-CV funds to administer and operate a portion of the Fullerton Recuperative Care Center to temporarily house clients referred by the City and Street Outreach teams ("Agreement"). B. The parties entered into a First Amendment to said Agreement No. A-2021-047-02-01 dated September 30, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. C. The parties entered into a Second Amendment to said Agreement No. A-2021-228 dated November 16, 2021, in order to again extend the Term of said Agreement. D. The parties entered into a Third Amendment to said Agreement No. A-2022-006-02 dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. E. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section II — Term of Agreement, to extend the Term of said Agreement, and Section III — Disbursement of Funds, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows: 1. Section II, Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022. 2. Recitals J and K, and Section III and III(a), Disbursement and Funds, shall be amended to increase the maximum amount of compensation by one million one hundred thousand dollars ($1,100,000.00), such that the total sum to be expended under said Agreement shall not exceed three -million two -hundred and seventy-eight thousand dollars ($3,278,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said City Council age I o 2 — 5 4/5/2022 EXHIBIT 2 Agreement. 3. Except as modified by this Fourth Amendment, all terms and conditions of said Agreement, as modified by the First, Second, and Third Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City A By: RYA DGE Assis t Ci y Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE ILLUMINATION FOUNDATION Name: JOHN H. ING Title: Chief Financial Officer City Council age ° 2 — 6 4/5/2022 Community Development Agency santa-ana.org/cd Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Second Amendment to Agreement with Families Forward AGENDA TITLE: Approve a Second Amendment to Families Forward Agreement to Extend the Operation of a Family Motel Program (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a second amendment to the agreement with Families Forward for the operation of a temporary family motel program, extending the term for one additional month through June 30, 2022 and adding $80,000, for a total aggregate amount not to exceed $178,500 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, staff is unsure when the site will be open and operational. An amendment to the Families Forward agreement will ensure that families experiencing homelessness have temporary shelter until a more permanent option is found or until the Homeless Navigation Center is open. On June 24, 2021, the City entered into an Emergency Solutions Grant Coronavirus (ESG-CV) agreement with Families Forward to operate a family motel program until the Homeless Navigation Center opens. On September 1, 2021, the agreement was amended to increase funds to serve additional families in the motel program. To date, the family motel program has provided motel vouchers for 12 families consisting of 46 individuals. The program is augmented with Community Development Block Grant (CDBG) funds for case management services until the Homeless Navigation Center opens. FISCAL IMPACT Funds in the amount of $80,000 are available in the Emergency Solutions Grant -CV grant, Payment to Subagent account (no.13518789-69135) for expenditure in the current fiscal year. EXHIBIT(S) City Council 33 — 1 4/5/2022 Second Amendment to Agreement with Families Forward April 5, 2022 Page 2 1. Second amendment to agreement with Families Forward for use of Emergency Solutions Grant Coronavirus funds Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 33 — 2 4/5/2022 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND FAMILIES FORWARD FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS THIS SECOND AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT CORONAVIRUS AGREEMENT is entered into this 5TH day of April, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Families Forward, a California nonprofit organization ("Subrecipient"). RECITALS A. On July 24, 2021, the City entered into an Emergency Solutions Grant Coronavirus ("ESG-CV") Agreement #A-2020-251-06 with Subrecipient to be used in the operation of an emergency solutions program for the homeless or at -risk of homelessness of the City of Santa Ana ("said Agreement"). B. On September 1, 2021, the Parties entered into a First Amendment to the Agreement (#A-2020-251-06A) to amend the Scope of Work for additional services and increase funds related to the expanded services. C. In accordance with the terms and conditions of said Agreement, the parties desire to further amend the Agreement to update the Scope of Work for additional services, increase the funding to the Subrecipient, and extend the term of the Agreement for one (1) additional month. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows: 1. Recital I shall be amended to increase funding to Subrecipient by $80,000.00 in ESG-CV Funds for the Santa Ana Motel Voucher Program. The new total sum shall not exceed $178,500.00 in grant funding. 2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds, as detailed in the Amended Scope of Work attached hereto as Exhibit A to this Second Amendment and incorporated herein by reference. 3. Section I, subsection B, shall be amended to add the levels of performance required of the new funds, as detailed in the Amended Scope of Work attached hereto as Exhibit A to this Second Amendment. 4. Section III and Section III, subsection A, shall be amended to increase funding to Subrecipient by $80,000.00, for a total sum not to exceed $178,500.00. Subrecipient's Amended Budget taking into consideration these new funds is attached hereto as Exhibit B to this Second Amendment, and incorporated herein by reference. City Council 33 — 3 4/5/2022 EXHIBIT 1 5. Section II, TERM OF AGREEMENT, shall be amended to extend the term until June 30, 2022. 6. Except as hereinabove modified by this Second Amendment, the terms and conditions of said Agreement, as amended, remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to said Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM: SUBRECIPIENT: Sonia R. Carvalho City Attorney /za"— By: RY�N Q. HODGE Michelle Silva Assistant City Attorney Chief Advancement Officer Tax ID#: 33-0086043 DUNS#: 610093825 RECOMMENDED FOR APPROVAL: STEVEN MENDOZA Executive Director Community Development Agency City Council 33 — 4 4/5/2022 EXHIBIT 1 EXHIBIT A AMENDED SCOPE OF WORK City Council 33 — 5 4/5/2022 EXHIBIT 1 Name of Organization Name of Funded Program Annual Accomplishment Goal City of Santa Ana Scope of Work Families Forward Santa Ana Motel Voucher Program I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period. 73 Persons Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period. 73 Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print. Families Forward will provide Motel Vouchers to 18-21 homeless families - approximately 73 individuals (with this amendment, an additional 2 homeless families - approximately 7 individuals) - with ESG-CV funds during the time between the closure of the Link Shelter and the opening of the new Carnegie Shelter. CDBG-CV funds will be used to provide those families with Case Management Services since they will not have access to these types of services due to the closure of the shelter. Supportive services like case management will be offered as long as families are staying at the motel. Keeping in mind the current funding amount, we anticipate each family will be able to stay in a motel up to 2 months. The provision of services will be dependent upon the availability of grant funding. Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 73 ersons ersons ersons ersons otal unduplicated Santa Ana Residents to be served Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis. Quarter 1: July 1 - September 30 Quarter 2: October 1 - December 31 Quarter 3: January 1 - March 31 Quarter 4: April 1 -June 30 $26,532.20 $16,745.76 $89,665.56 $45,556.48 $ 178,500.00 Total Grant Exhibit A City Council Page I Or S3-6 4/5/2022 EXHIBIT 1 EXHIBIT B AMENDED BUDGET City Council 33 — 7 4/5/2022 EXHIBIT 1 Organization Name ESG Final Budget Families Forward Program Name Santa Ana Motel Voucher Program Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Total Organizational Budget Essential Services Shelter Operations Other Motel Vouchers $ 178,500 $ - $ 178,500 Indirect Cost $ - Total $ 178,500 $ - $ 178,500 $ - LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 178,500 Total Funds for the Program $ 178,500 Exhibit B Page 1 of 1 City Council 33 — 8 4/5/2022 Community Development Agency santa-ana.org/cd Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Third Amendment to Operating Agreement with Salvation Army AGENDA TITLE: Approve a third amendment to Salvation Army agreement to extend the operation of a temporary shelter at the Hospitality House (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute: 1. A third amendment to the agreement with Salvation Army for the operation of a temporary shelter at the Hospitality House, extending the term for up to four additional months in the amount of $400,000, for a total aggregate amount not to exceed $1,440,00, subject to non -substantive changes approved by the City Manager and City Attorney. 2. A third amendment to the ESG-CV funding agreement with Salvation Army to use $400,000 to operate the shelter at the Hospitality House, for a total aggregate amount not to exceed $1,440,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Due to outstanding litigation related to the work stoppage and other construction delays at the Carnegie Navigation Center, staff is unsure when the site will be open and operational. An amendment to the agreement with the Salvation Army will provide for the continuity of care for shelter guests to remain at the temporary shelter until a Certificate of Occupancy is achieved and shelter guests can be transferred to the new site. The daily census count of individuals was less than 75 for the first few months, thereby reducing the overall costs to the City. The addition of $400,000 in new funds to the existing contract will be sufficient for a four -month extension. On June 15, the City Council approved an agreement with the Salvation Army to operate a temporary 75-bed homeless shelter at 818 E Third Street in Santa Ana, in the amount of $390,000 for an anticipated 90-day period, subject to extension through December 31, 2021, for a total not to exceed amount of $780,000. On November 16, the City Council approved an amendment to the agreement to continue operation of the temporary shelter through January 31, 2022 for the monthly extension rate of $130,000, bringing the total agreement not -to -exceed amount to $910,000. On January 18, 2022, the City Council City Council 34 — 1 4/5/2022 Third Amendment to Operating Agreement with Salvation Army April 5, 2022 Page 2 approved a second amendment in the amount of $130,000 for one month, through February 28, 2022, for a total amount not to exceed $1,040,000. The Hospitality House provides shelter for 75 men per night, and follows the City's referral process and the no walk-in policy. The shelter provides men a clean, safe personal bed space, three nourishing meals per day, and the opportunity to work with a professional Housing Navigator to expedite their placement in permanent housing. FISCAL IMPACT Funds in the amount of $400,000 are available in the Emergency Solutions Grant -CV grant, Payment to Subagent account (no.13518789-69135) for expenditure in the current fiscal year. EXHIBIT(S) 1. Third amendment to agreement with Salvation Army to operate the Hospitality House as a temporary shelter 2. Third amendment to the funding agreement with Salvation Army for use of ESG-CV funds to operate the Hospitality House as a temporary shelter Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 34 — 2 4/5/2022 EXHIBIT 1 THIRD AMENDMENT TO OPERATING AGREEMENT WITH THE SALVATION ARMY TO OPERATE THE HOSPITALITY HOUSE SHELTER THIS THIRD AMENDMENT to the above -referenced agreement is entered into on April 5, 2022, by and between The Salvation Army ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into an Agreement dated June 15, 2021, by which Contractor agreed to administer and operate the Hospitality House to temporarily house clients referred by the City and Street Outreach teams ("Agreement"). B. The parties entered into a First Amendment to said Agreement No. A-2021-106-01 dated November 16, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. C. The parties entered into a Second Amendment to said Agreement dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. D. In accordance with the terms and conditions of said Agreement, the Parties desire to again amend Section 2 — Effectiveness and Term of Agreement, to extend the Term of said Agreement, and Section 3 — Compensation, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows: 1. Section 2(b), Effectiveness and Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022. 2. Section 3, Compensation, subsections (a) and (b), shall be amended to increase the maximum amount of compensation by four hundred thousand dollars ($400,000.00), such that the total sum to be expended under said Agreement shall not exceed one -million four hundred and forty thousand dollars ($1,440,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement. 3. Except as modified by this Third Amendment, all terms and conditions of said Agreement, as modified by the First and Second Amendments, shall remain in full force and effect. City Council age 1 o 4 — 3 4/5/2022 EXHIBIT 1 IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Att By: RYA DGE Assist 'Vit Ci Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE SALVATION ARMY Name: Title: City Council age ° 4 — 4 4/5/2022 EXHIBIT 2 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SALVATION ARMY FOR USE OF EMERGENCY SOLUTIONS GRANT CORONAVIRUS (ESG-CV) FUNDS THIS THIRD AMENDMENT to the above -referenced agreement is entered into on April 5, 2022, by and between The Salvation Army ("Subrecipient"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2021-106, dated June 15, 2021, by which Contractor agreed to use ESG-CV funds to administer and operate the Hospitality House to temporarily house clients referred by the City and Street Outreach teams ("Agreement"). B. The parties entered into a First Amendment to said Agreement No. A-2021-106-01 dated November 16, 2021, in order to extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. C. The parties entered into a Second Amendment to said Agreement No. A-2021-106-02 dated January 18, 2022, in order to again extend the Term of said Agreement and to increase the maximum amount of Compensation for said Agreement. D. In accordance with the terms and conditions of said Agreement, as amended, the Parties desire to again amend Section II —Term of Agreement, to extend the Term of said Agreement, and Section III — Disbursement of Funds, to increase the maximum amount of Compensation for said Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, as amended, except as herein modified, the parties agree as follows: Section II, Term of Agreement, shall be amended to extend the potential no later than end date of the Term of said Agreement to June 30, 2022, subject to the termination provisions in the First Amendment to said Agreement. Said extension shall apply to any and all services provided under said Agreement since February 28, 2022. 2. Recitals J and K, and Sections III and III(a), Disbursement and Funds, shall be amended to increase the maximum amount of compensation by four hundred thousand dollars ($400,000.00), such that the total sum to be expended under said Agreement shall not exceed one million four hundred and forty thousand dollars ($1,440,000.00) during the Term of said Agreement, subject to the termination provisions in the First Amendment to said Agreement. 3. Except as modified by this Third Amendment, all terms and conditions of said Agreement, except as modified by the First and Second Amendments, shall remain in full force and effect. City Council age 1 o 4 — 5 4/5/2022 EXHIBIT 2 IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to said Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Att e By: RYA DGE Assist t City Attorney RECOMMENDED FOR APPROVAL STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager THE SALVATION ARMY Name: Title: City Council age ° 4 — 6 4/5/2022 Public Works Agency www.santa-ana.org/pw Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Amend Agreement for Graffiti Removal Services AGENDA TITLE Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $350,000, and by $700,000 Annually for the Remaining Term of the Agreement (General and Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $350,000, for a total amount not to exceed $1,710,000, and increasing the annual amount by $700,000 thereafter, for a total amount not to exceed $2,060,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $15,663,333, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION This item was continued from the March 15, 2022 City Council Meeting. The Public Works Agency's Maintenance Services Division is responsible for citywide graffiti removal from locations that are visible on and adjacent to the right-of-way, including park facilities, bike lanes, and other high -traffic areas that are prone to graffiti. Graffiti removal services have been contracted since 2011 and provide removal at nearly 135,000 sites annually, with an average response time of 48 hours or less. On July 21, 2020, the City entered into a three-year agreement with Graffiti Protective Coatings, Inc. (GPC), the current graffiti removal provider, in an amount not to exceed $1,360,000 annually, with the option to grant up to five, one-year renewals. GPC has provided exceptional graffiti removal services for the City since 2014, removing graffiti from approximately 135,000 sites annually, of which 100,000 removals are proactive and 35,000 are in response to public service requests. On January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized a spending plan to increase service levels to the public. As a City Council 35 — 1 4/5/2022 Amend Agreement with Graffiti Protective Coatings, Inc. April 5, 2022 Page 2 result, the graffiti removal services program was allocated an additional $300,000 for Fiscal Year 2021-22 and $600,000 in future funding on an on -going, yearly basis. The funds will be used to add three technicians to support the current team of six that services the entire City. The additional technicians will assist in maintaining a rapid response time (48 hours average) and address graffiti issues in high -foot -traffic areas, such as the railroad properties, arterials, bike trails and other high -visibility areas. The item was continued from the March 15, 2022, City Council meeting to allow staff time to also address graffiti abatement at City -owned downtown parking structures. Staff successfully negotiated a below -market price for graffiti removal services which will be provided at four City -owned parking structures and one surface parking lot, seven days a week. In further efforts to prevent graffiti within the parking structures, the City's Community Development Agency is collaborating with the Santa Ana Unified School District (SAUSD) to develop the Santa Ana Graffiti Arts Program (GAP) for SAUSD high school students. The program focuses on the top floor of the parking structure located at 420 N Main Street and will be implemented this summer. Five to seven local professional mural artists, specializing in diverse mural painting techniques (portraiture, lettering, tiling, etc.), will be selected through an application process to teach students how to research, design, and install large public art murals over the course of three months. The final products will be covered in an anti -graffiti coating to protect the murals from both unwanted markings and UV rays. By exposing students to painting and learning through the arts, GAP will achieve significant developmental youth outcomes, reduce youth participation in unsafe activities, and combat the teen dropout rate. By collaborating with local professional mural artists, GAP's curriculum will cultivate the students' artistic skills, increase their knowledge of local history, and introduce them to a network of professional artists and resources. Additionally, as part of the Revive Santa Ana Property Compliance/Assistance Program and the Sanitization and Prevention Program, staff and contractors will be working with property owners throughout the city to offer financial assistance to address property compliance issues, eliminate blight and beautify the city. The programs may include the installation of landscaping treatments along block walls, fences, trash enclosures and the back of buildings visible to a public street, freeway or railroad to prevent graffiti in qualified census tracts throughout the city. Staff is finalizing program information and guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 35 — 2 4/5/2022 Amend Agreement with Graffiti Protective Coatings, Inc. April 5, 2022 Page 3 FISCAL IMPACT The annual expenditures approved in the current agreement are not to exceed $1,360,000 annually. With approval of the requested amendment, the annual expenditure amount will increase by $350,000 in Fiscal Year 2021-22, and $700,000 annually for the remaining year of the three-year agreement and for any of the five renewal options that may be exercised, for a maximum not to exceed amount of $15,663,333. Funding for this agreement is budgeted and available in the Fiscal Year 2021-22 Council -approved budget and will be budgeted in future years in the following accounts: Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account # Description Account Description CURRENT ANNUAL AMOUNT Graffiti Abatement 2021-22 01117642-62300 General Fund Program, Contract- $1,360,000 Services Professional ADDITIONAL AMOUNT Graffiti Abatement 01117642-62300 General Fund Program, Contract- $300,000 Services Professional 2021-22 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $50,000 Professional ADJUSTED SUBTOTAL $1,710,000 REMAINING TERMS Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 Services Professional 2022-23 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 Services Professional 2023-24 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 Services Professional 2024-25 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional City Council 35 — 3 4/5/2022 Amend Agreement with Graffiti Protective Coatings, Inc. April 5, 2022 Page 4 Fiscal Accounting Unit Fund Accounting Unit — Amount Year — Account # Description Account Description Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 2025-26 Services Professional Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 Services Professional 2026-27 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional Graffiti Abatement 01117642-62300 General Fund Program, Contract- $1,960,000 Services Professional 2027-28 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $100,000 Professional Graffiti Abatement 01117642-62300 General Fund Program, Contract- $653,333 Services Professional 2028-29 Enterprise Parking Facilities, 02718132-62300 Fund Contract -Services $33,333 Professional Total $14,756,666 EXHIBIT(S) 1. Agreement with Graffiti Protective Coatings, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 35 — 4 4/5/2022 EXHIBIT 1 FIRST AMENDMENT TO SERVICES AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS THIS FIRST AMENDMENT TO AGREEMENT is entered into this 5t' day of April, 2022, by and between Graffiti Protective Coatings ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 21, 2020, the City entered into Agreement #A-2020-155 with Consultant to provide graffiti removal services. B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the annual compensation for the remainder of the term including any extension periods. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation as follows: The total amount to be expended under this Agreement shall not exceed $15,663,333 during the term of this agreement, including any extension periods exercised under Section 3. The sum for fiscal year 2021-22 shall be increased by $350,000 for a total amount not to exceed $1,710,000 for that fiscal year. The sum for the remaining term including any extension periods shall be increased annually by $700,000 for a total amount not to exceed $2,060,000 annually. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continued on the following page] City Council 35 — 5 4/5/2022 Page 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B John M. t- Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director of Public Works Agency President City Council 35 — 6 4/5/2022 Page 2 of 2 Clerk of the Council Office www.santa-ana.org/cc Item # 36 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: City Council Ward Boundaries Map AGENDA TITLE: Introduce Ordinance for First Reading and Adopt a Resolution of City Council Ward Boundaries Map RECOMMENDED ACTION 1. Accept a report by the City's demographer to provide the metes and bounds description of each City Council ward. 2. Approve first reading of an ordinance establishing new ward boundary lines of the wards of the City of Santa Ana and repealing Ordinance No. NS-2958. 3. Adopt a resolution establishing new boundary lines of the wards of the City of Santa Ana. DISCUSSION On December 4, 2018, the City Council transitioned from electing City Councilmembers at -large to electing them by -ward. Pursuant to federal and state law, the City Council must now complete the redistricting process following the 2020 United States Census to ensure each City Council district has a substantially equal population. The City is required by law to complete the redistricting process and all associated administrative tasks by April 17, 2022. Assembly Bill 849 (Fair Maps Act) requires cities to engage communities in the redistricting process by holding a minimum of four (4) public hearings and/or workshops and doing public outreach, including to non -English-speaking communities. At the October 5, 2021 City Council meeting, the City Council adopted the amended and restated Resolution of Intent declaring its intention to consider changes to ward boundary lines, and fixing the date, time, and place of said hearings. Resolution No. 2021-053 was published once a week for two weeks in multiple languages in their respective foreign newspaper, including Spanish, Vietnamese, Chinese and Korean. The Clerk of the Council staff hosted six (6) in -person and virtual redistricting public input workshops, City Council 36 — 1 4/5/2022 City Council Ward Boundaries Map April 5, 2022 Page 2 providing live translations in Spanish and Vietnamese, with an additional six (6) workshops requested by community groups. The City Council held twelve (12) in -person and virtual redistricting public meetings, providing live translations in Spanish and Vietnamese to seek input in selecting the next ward map. Pursuant to Charter section 101.2, boundary alterations shall be made only by ordinance adopted by affirmative vote of at least two-thirds (2/3) of the full membership of the City Council. Following a robust, community -driven process and considerable City Council consideration, the City Council voted on March 11, 2022 to introduce an ordinance to adopt new City Council election ward map N2. Ward map N2 was posted on the City's website on March 14, 2022. If necessary to facilitate the implementation of the ordinance, the Clerk of the Council is authorized to make technical adjustments to the ward boundaries that do not substantively affect the population in the wards, such as changing the ward sequence. The proposed order or sequence in which voters may vote for their representative will not change. The contest for a City Councilmember in wards 2, 4, and 6 will appear on the November 2022 ballot, and the contest for a City Councilmember in wards 1, 3, and 5 will appear on the November 2024 ballot. There are two relevant considerations when numbering newly drawn districts, or wards. First, the Fair Maps Act requires that "[a]t the first election for council members in each city following adoption of the boundaries of council districts ... a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent's term is due to expire." Elec. Code § 21626(b). Second, a best practice in numbering is to do so in a manner that limits the number of voters who will be "deferred." Deferral is the unavoidable result when a jurisdiction with staggered terms is redistricted. Deferral occurs when a voter who last voted in 2018 and would naturally vote in 2022 under the old map (because they live in wards 2, 4, or 6) is redrawn into a district that will instead not vote until 2024 (new districts 1, 3, or 5). That voter will not be able to vote in 2022 and will go six years without voting in City Council elections, instead of the usual four years. Although some deferral is inevitable, the proposed sequence for ward map N2 reduces the number wards in a manner that minimizes deferral and have the majority of residents remain in their current wards. A final map needs to be adopted and all associated administrative tasks completed by the April 17, 2022 state -mandated deadline. If the City Council makes further changes to a ward map plan prior to the ordinance introduction, there will need to be an additional public hearing in order to satisfy the seven- day map posting requirement required by the Fair Maps Act. Further delay to ordinance introduction and adoption of resolution will impede staff's ability to complete all associated administrative tasks and meet the mandated deadline to ensure the final map has been accepted by the Orange County Election Official in time for the November 2022 election. City Council 36 — 2 4/5/2022 City Council Ward Boundaries Map April 5, 2022 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no environmental impact associated with this action. EXHIBIT(S) 1. Ordinance 2. Resolution Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 36 — 3 4/5/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS-2958 WHEREAS, in 2018, pursuant to a settlement agreement resulting from litigation regarding an alleged violation of the California Voting Rights Act, the Santa Ana City Council adopted Ordinance NS-2958 establishing new boundary lines of the wards of the City of Santa Ana; and WHEREAS, in 2019, pursuant to a Charter amendment approved by the voters, the City of Santa Ana transitioned from wards where candidates for City Council were nominated by registered voters from their ward but elected at large to a system where candidates for City Council were both nominated and elected by registered voters residing in their ward; WHEREAS, on September 17, 2019, the Santa Ana City Council adopted Ordinance No. NS-2975 changing the boundaries of ward 3 in conjunction with the proposed 24.78 acre county island annexation generally located as the northeast corner of Seventeenth Street and Tustin Avenue; WHEREAS, in 2020 the federal decennial census was conducted and census data was recently released by the federal government; and WHEREAS, pursuant to California Elections Code § 21621 and Santa Ana Charter § 101.2, after the federal decennial census, the City Council shall adopt boundaries of all Council wards; and WHEREAS, on September 21, 2021, the Santa Ana City Council adopted Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time, and place of public hearings and public workshops for the redistricting process; WHEREAS, on October 5, 2021 the Santa Ana City Council held its first Public Hearing regarding redistricting and adopted Resolution No. 2021-060 Amending and Restating Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time, and place of the public hearings and workshops; and WHEREAS, Pursuant to Elections Code § 21627.1 of the Fair Maps Act, the City is required to hold four (4) public hearings to engage the public in the redistricting process, one (1) of which must be held prior to drawing the draft map(s), two (2) public hearings to be held after drawing the draft maps, and one public hearing or public workshop on a Saturday, Sunday or after 6 p.m. on a weekday; and Ordinance No. NS-XXX City Council 36 — 4 4/5/fM21 of 4 WHEREAS, the City held eleven (11) Public Hearings on the following dates: October 5, 2021, October 19, 2021, November 2, 2021, November 15, 2021, December 6, 2021, January 18, 2022, February 1, 2022, February 16, 2022, March 7, 2022, March 11, 2022, and April 5, 2022. At each of the Public Hearings, the Santa Ana City Council conducted a duly noticed public hearing to receive public input regarding the redistricting process, communities of interest, and/or the draft maps. During the Public Hearings, public comment was received in person, in writing, and virtually in real time; and WHEREAS, the City held six (6) public workshops in person and virtually on the following dates: September 25, 2021, October 7, 2021, October 9, 2021, October 23, 2021, October 29, 2021, and October 30, 2021; and WHEREAS, the Clerk of Council attended six (6) additional community meetings; and WHEREAS, the Clerk of Council retained a demography expert, Redistricting Partners to assist with the redistricting process; and WHEREAS, throughout the redistricting process the City has maintained a detailed redistricting website as required by the Fair Maps Act: https://www.santa- ana.org/cc/redistricting; and WHEREAS, the City has provided notices and other materials to the public in English, Spanish, Vietnamese, Chinese, and Korean; and WHEREAS, the City made available to the public an online mapping tool to permit the public to submit draft maps and which the public utilized during the redistricting process; and WHEREAS, the Santa Ana City Council has considered all public comments on the proposed Council ward boundary changes including maps drawn by the public and submitted through the City's mapping program on the City redistricting website; and WHEREAS, Santa Ana City Charter§ 101.2 provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election; and WHEREAS, the Santa Ana City Council believes that the wards contained in the proposed draft map N2 ("Recommended Map") attached as Exhibit "A" hereto and incorporated herein by reference, would best serve the interests of the City and the residents of the City of Santa Ana; and WHEREAS, the Recommended Map has been posted on the City's website in compliance with the Fair Maps Act; and WHEREAS, the populations set forth in the wards of the Recommended Map are substantially equal in population and in compliance with all other legal requirements of the Fair Maps Act, United States Constitution, California Constitution, and the Federal Voting Rights Act. Ordinance No. NS-XXX City Council 36 - 5 4/5/fn,22 of 4 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. The Santa Ana City Council hereby finds, determines and declares that all of the Recitals set forth herein above are true and correct. SECTION 2. Pursuant to Elections Code § 21621 and Santa Ana Charter § 101.2, the Santa Ana City Council hereby adopts the ward boundaries set forth in the Recommended Map (previously Draft Map N2) attached as Exhibit "A" and incorporated herein by reference, for use in the City's General Municipal Election on November 8, 2022 and subsequent elections thereafter until a further redistricting is required pursuant to state law or the City of Santa Ana Charter. Metes and bounds of each district are attached hereto as Exhibit "B" and incorporated herein by reference. SECTION 3. The Clerk of Council or her designee shall take all actions necessary to notify the Orange County Registrar of Voters Office of the City Council's determination forthwith and provide whatever assistance may be required by the County Registrar of Voters to implement the new ward boundary lines. SECTION 4. The Clerk of Council shall cause a map diagram showing the new ward boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the 2022 general municipal election as required by Santa Ana Charter § 101.4. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become effective and be in force immediately from and after the date of its passage. SECTION 7. The Clerk of the Council shall certify and attest to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of April, 2022. Vicente Sarmiento Mayor Ordinance No. NS-XXX City Council 36 — 6 4/5/fn,23 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: N - Q"'� Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX City Council 36 - 7 4/5/fn'24 of 4 Exhibit A GARDEN GROVE,_, r DNA PARK SANTA ANA _ TRIANGLE Exhibit B City of Santa Ana I Draft Plan N2 I Metes & Bounds First District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and the Fountain Valley/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to N Harbor Blvd, and proceeding southerly along N Harbor Blvd to W 1st St, and proceeding easterly along W 1st St to N Fairview St, and proceeding southerly along N Fairview St to S Fairview St, and proceeding southerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Fairview St, and proceeding southerly along S Fairview St to W Dahl Ln, and proceeding westerly along W Dahl Ln to S Fairview St, and proceeding southerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Fairview St, and proceeding southerly along S Fairview St to W Warner Ave, and proceeding easterly along W Warner Ave to S Raitt St, and proceeding southerly along S Raitt St to W Segerstrom Ave, and proceeding westerly along W Segerstrom Ave to S Greenville St, and proceeding southerly along S Greenville St to W Alton Ave, and proceeding westerly along W Alton Ave to S Fairview St, and proceeding southerly along S Fairview St to the Costa Mesa/Santa Ana city line, and proceeding westerly along the Costa Mesa/Santa Ana city line to the Santa Ana city line, and proceeding northerly along the Santa Ana city line to the Fountain Valley/Santa Ana city line, and proceeding northerly along the Fountain Valley/Santa Ana city line to the point of beginning. Second District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Dahl Ln, and proceeding northerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Center St, and proceeding northerly along S Center St to W Monta Vista Ave, and proceeding westerly along W Monta Vista Ave to unnamed Local road, and proceeding northerly along unnamed Local road to W Willits St, and proceeding easterly along W Willits St to S Raitt St, and proceeding northerly along S Raitt St to W 1st St, and proceeding easterly along W 1st St to N Bristol St, and proceeding northerly along N Bristol St to W 1st St, and proceeding easterly along W 1st St to N Main St, and proceeding southerly along N Main St to E 1st St, and proceeding easterly along E 1st St to S Standard Ave, and proceeding southerly along S Standard Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Halladay St, and proceeding northerly along S Halladay St to E McFadden Ave, and proceeding westerly along E McFadden Ave to S Orange Ave, and proceeding southerly along S Orange Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Main St, and proceeding northerly along S Main St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Flower St, and proceeding southerly along S Flower St to W Edinger Ave, and proceeding westerly along W Edinger Ave to S Fairview St, and proceeding northerly along S Fairview St to W Dahl Ln, and proceeding easterly along W Dahl Ln to the point of beginning. City Council 36 — 9 4/5/ 22 g e Third District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and W 17th St, and proceeding easterly along the Garden Grove/Santa Ana city line to the Orange/Santa Ana city line, and proceeding easterly along the Orange/Santa Ana city line to the Tustin/Santa Ana city line, and proceeding southerly along the Tustin/Santa Ana city line to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to McFadden Ave, and proceeding westerly along McFadden Ave to S Lyon St, and proceeding northerly along S Lyon St to E 1st St, and proceeding westerly along E 1st St to N Grand Ave, and proceeding northerly along N Grand Ave to 1- 5, and proceeding westerly along 1- 5 to E 17th St, and proceeding westerly along E 17th St to N Main St, and proceeding southerly along N Main St to W 17th St, and proceeding westerly along W 17th St to nonvisible boundary, and proceeding westerly along nonvisible boundary to N Fairview St, and proceeding southerly along N Fairview St to W 17th St, and proceeding westerly along W 17th St to the point of beginning. Fourth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Warner Ave, and proceeding northerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Bristol St, and proceeding southerly along S Bristol St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W Warner Ave, and proceeding easterly along W Warner Ave to S Main St, and proceeding southerly along S Main St to E Dyer Rd, and proceeding easterly along E Dyer Rd to Costa Mesa Fwy, and proceeding northerly along Costa Mesa Fwy to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to the Irvine/Santa Ana city line, and proceeding southerly along the Irvine/Santa Ana city line to the Costa Mesa/Santa Ana city line, and proceeding northerly along the Costa Mesa/Santa Ana city line to S Fairview St, and proceeding northerly along S Fairview St to W Alton Ave, and proceeding easterly along W Alton Ave to S Greenville St, and proceeding northerly along S Greenville St to W Segerstrom Ave, and proceeding easterly along W Segerstrom Ave to S Raitt St, and proceeding northerly along S Raitt St to W Warner Ave, and proceeding westerly along W Warner Ave to the point of beginning. Fifth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of N Harbor Blvd and W 1st St, and proceeding northerly along N Harbor Blvd to the Garden Grove/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to W 17th St, and proceeding easterly along W 17th St to N Fairview St, and proceeding northerly along N Fairview St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W 17th St, and proceeding easterly along W 17th St to N Main St, and proceeding southerly along N Main St to W 1st St, and proceeding westerly along W 1st St to N Bristol St, and proceeding southerly along N Bristol St to W 1st St, and proceeding westerly along W 1st St to S Raitt St, and proceeding southerly along S Raitt St to W Willits St, and proceeding westerly along W Willits St to unnamed Local road, and proceeding southerly along City Council 36 — 10 4/5/ 22 g e unnamed Local road to W Monta Vista Ave, and proceeding easterly along W Monta Vista Ave to S Center St, and proceeding southerly along S Center St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Fairview St, and proceeding northerly along S Fairview St to N Fairview St, and proceeding northerly along N Fairview St to W 1st St, and proceeding westerly along W 1st St to the point of beginning. Sixth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Bristol St and nonvisible boundary, and proceeding northerly along S Bristol St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Flower St, and proceeding northerly along S Flower St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Main St, and proceeding southerly along S Main St to McFadden Ave, and proceeding easterly along McFadden Ave to S Orange Ave, and proceeding northerly along S Orange Ave to E McFadden Ave, and proceeding easterly along E McFadden Ave to S Halladay St, and proceeding southerly along S Halladay St to McFadden Ave, and proceeding easterly along McFadden Ave to S Standard Ave, and proceeding northerly along S Standard Ave to E 1st St, and proceeding westerly along E 1st St to N Main St, and proceeding northerly along N Main St to E 17th St, and proceeding easterly along E 17th St to 1- 5, and proceeding southerly along I- 5 to N Grand Ave, and proceeding southerly along N Grand Ave to E 1st St, and proceeding easterly along E 1st St to S Lyon St, and proceeding southerly along S Lyon St to McFadden Ave, and proceeding easterly along McFadden Ave to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to Costa Mesa Fwy, and proceeding southerly along Costa Mesa Fwy to E Dyer Rd, and proceeding westerly along E Dyer Rd to S Main St, and proceeding northerly along S Main St to W Warner Ave, and proceeding westerly along W Warner Ave to nonvisible boundary, and proceeding westerly along nonvisible boundary to the point of beginning. City Council 36 — 11 4/5/ 22 g e RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA WHEREAS, in 2018, pursuant to a settlement agreement resulting from litigation regarding an alleged violation of the California Voting Rights Act, the Santa Ana City Council adopted Ordinance NS-2958 establishing new boundary lines of the wards of the City of Santa Ana; and WHEREAS, in 2019, pursuant to a Charter amendment approved by the voters, the City of Santa Ana transitioned from wards where candidates for City Council were nominated by registered voters from their ward but elected at large to a system where candidates for City Council were both nominated and elected by registered voters residing in their ward; WHEREAS, on September 17, 2019, the Santa Ana City Council adopted Ordinance No. NS-2975 changing the boundaries of ward 3 in conjunction with the proposed 24.78 acre county island annexation generally located as the northeast corner of Seventeenth Street and Tustin Avenue WHEREAS, in 2020 the federal decennial census was conducted and census data was recently released by the federal government; and WHEREAS, pursuant to California Elections Code § 21621 and Santa Ana Charter § 101.2, after the federal decennial census, the City Council shall adopt boundaries of all Council wards; and WHEREAS, on September 21, 2021, the Santa Ana City Council adopted Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time and place of public hearings and public workshops for the redistricting process; WHEREAS, On October 5, 2021 the Santa Ana City Council held its first Public Hearing regarding redistricting and adopted Resolution No. 2021-060 Amending and Restating Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time and place of the public hearings and public workshops; and WHEREAS, Pursuant to Elections Code § 21627.1 of the Fair Maps Act, the City is required to hold four (4) public hearings to engage the public in the redistricting process, one (1) of which must be held prior to drawing the draft map(s), two (2) public hearings to be held after drawing the draft maps, and one public hearing or public workshop on a Saturday, Sunday or after 6 p.m. on a weekday; and City Council 36 — 12 Resolutionp5d XXX Page I of 4 WHEREAS, the City held eleven (11) Public Hearings on the following dates: October 5, 2021, October 19, 2021, November 2, 2021, November 15, 2021, December 6, 2021, January 18, 2022, February 1, 2022, February 16, 2022, March 7, 2022, March 11, 2022, and April 5, 2022. At each of the Public Hearings, the Santa Ana City Council conducted a duly noticed public hearing to receive public input regarding the process, communities of interest, and/or the draft maps. During the Public Hearings, public comment was received in person, in writing, and virtually in real time; and WHEREAS, the City held six (6) public workshops in person and virtually on the following dates: September 25, 2021, October 7, 2021, October 9, 2021, October 23, 2021, October 29, 2021, and October 30, 2021; and WHEREAS, the Clerk of Council attended six (6) additional community meetings; FINT6I WHEREAS, the Clerk of Council retained a demography expert, Redistricting Partners, to assist with the redistricting process; and WHEREAS, throughout the redistricting process the City has maintained a detailed redistricting website as required by the Fair Maps Act: https://www.santa- ana.org/cc/redistricting ; and WHEREAS, the City has provided notices and other materials to the public in English, Spanish, Vietnamese, Chinese, and Korean; and WHEREAS, the City made available to the public an online mapping tool to permit the public to submit draft maps, which the public utilized during the redistricting process; and WHEREAS, the Santa Ana City Council has considered all public comments on the proposed Council ward boundary changes, including maps drawn by the public and submitted through the City's mapping program on the City redistricting website; and WHEREAS, Santa Ana City Charter§ 101.2 provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election; and WHEREAS, the Santa Ana City Council believes that the wards contained in the proposed draft map N2 ("Recommended Map") attached as Exhibit "A" hereto and incorporated herein by reference, would best serve the interests of the City and the residents of the City of Santa Ana; and WHEREAS, the Recommended Map has been posted on the City's website in compliance with the Fair Maps Act; and WHEREAS, the populations set forth in the wards of the Recommended Map are substantially equal in population and in compliance with all other legal requirements of Rest Page �Lq2-XXX 36 - 13 4/5/2022 the Fair Maps Act, United States Constitution, California Constitution, and the Federal Voting Rights Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA RESOLVES AS FOLLOWS: SECTION 1. The Santa Ana City Council hereby finds, determines and declares that all of the Recitals set forth herein above are true and correct. SECTION 2. Pursuant to Elections Code § 21621 and Santa Ana Charter § 101.2, the Santa Ana City Council hereby adopts the ward boundaries set forth in the Recommended Map (previously Draft Map N2) attached as Exhibit "A" and incorporated herein by reference, for use in the City's General Municipal Election on November 8, 2022 and subsequent elections thereafter until a further redistricting is required pursuant to state law or the City of Santa Ana Charter. Metes and bounds of each ward are attached hereto as Exhibit "B" and incorporated herein by reference. SECTION 3. The Clerk of Council or her designee shall take all actions necessary to notify the Orange County Registrar of Voters Office of the City Council's determination forthwith and provide whatever assistance may be required by the County Registrar of Voters to implement the new ward boundary lines. SECTION 4. The Clerk of Council shall cause a map diagram showing the new ward boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the 2022 general municipal election as required by Santa Ana Charter§ 101.4. SECTION 5. This Resolution shall take effect immediately upon its adoption by a majority of the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Chief Assistant City Attorney City Council 36 — 14 Resolution4l5XXX age of 4 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 Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Daisy Gomez Clerk of the Council City of Santa Ana Rest Page j`jf " . �R2 XXX 36 — 15 4/5/2022 Exhibit A GARDEN GROVE,_, r DNA PARK SANTA ANA _ TRIANGLE Exhibit B City of Santa Ana I Draft Plan N2 I Metes & Bounds First District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and the Fountain Valley/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to N Harbor Blvd, and proceeding southerly along N Harbor Blvd to W 1st St, and proceeding easterly along W 1st St to N Fairview St, and proceeding southerly along N Fairview St to S Fairview St, and proceeding southerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Fairview St, and proceeding southerly along S Fairview St to W Dahl Ln, and proceeding westerly along W Dahl Ln to S Fairview St, and proceeding southerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Fairview St, and proceeding southerly along S Fairview St to W Warner Ave, and proceeding easterly along W Warner Ave to S Raitt St, and proceeding southerly along S Raitt St to W Segerstrom Ave, and proceeding westerly along W Segerstrom Ave to S Greenville St, and proceeding southerly along S Greenville St to W Alton Ave, and proceeding westerly along W Alton Ave to S Fairview St, and proceeding southerly along S Fairview St to the Costa Mesa/Santa Ana city line, and proceeding westerly along the Costa Mesa/Santa Ana city line to the Santa Ana city line, and proceeding northerly along the Santa Ana city line to the Fountain Valley/Santa Ana city line, and proceeding northerly along the Fountain Valley/Santa Ana city line to the point of beginning. Second District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Dahl Ln, and proceeding northerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Center St, and proceeding northerly along S Center St to W Monta Vista Ave, and proceeding westerly along W Monta Vista Ave to unnamed Local road, and proceeding northerly along unnamed Local road to W Willits St, and proceeding easterly along W Willits St to S Raitt St, and proceeding northerly along S Raitt St to W 1st St, and proceeding easterly along W 1st St to N Bristol St, and proceeding northerly along N Bristol St to W 1st St, and proceeding easterly along W 1st St to N Main St, and proceeding southerly along N Main St to E 1st St, and proceeding easterly along E 1st St to S Standard Ave, and proceeding southerly along S Standard Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Halladay St, and proceeding northerly along S Halladay St to E McFadden Ave, and proceeding westerly along E McFadden Ave to S Orange Ave, and proceeding southerly along S Orange Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Main St, and proceeding northerly along S Main St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Flower St, and proceeding southerly along S Flower St to W Edinger Ave, and proceeding westerly along W Edinger Ave to S Fairview St, and proceeding northerly along S Fairview St to W Dahl Ln, and proceeding easterly along W Dahl Ln to the point of beginning. City Council 36 — 17 4/5/ 22 g e Third District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and W 17th St, and proceeding easterly along the Garden Grove/Santa Ana city line to the Orange/Santa Ana city line, and proceeding easterly along the Orange/Santa Ana city line to the Tustin/Santa Ana city line, and proceeding southerly along the Tustin/Santa Ana city line to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to McFadden Ave, and proceeding westerly along McFadden Ave to S Lyon St, and proceeding northerly along S Lyon St to E 1st St, and proceeding westerly along E 1st St to N Grand Ave, and proceeding northerly along N Grand Ave to 1- 5, and proceeding westerly along 1- 5 to E 17th St, and proceeding westerly along E 17th St to N Main St, and proceeding southerly along N Main St to W 17th St, and proceeding westerly along W 17th St to nonvisible boundary, and proceeding westerly along nonvisible boundary to N Fairview St, and proceeding southerly along N Fairview St to W 17th St, and proceeding westerly along W 17th St to the point of beginning. Fourth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Warner Ave, and proceeding northerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Bristol St, and proceeding southerly along S Bristol St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W Warner Ave, and proceeding easterly along W Warner Ave to S Main St, and proceeding southerly along S Main St to E Dyer Rd, and proceeding easterly along E Dyer Rd to Costa Mesa Fwy, and proceeding northerly along Costa Mesa Fwy to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to the Irvine/Santa Ana city line, and proceeding southerly along the Irvine/Santa Ana city line to the Costa Mesa/Santa Ana city line, and proceeding northerly along the Costa Mesa/Santa Ana city line to S Fairview St, and proceeding northerly along S Fairview St to W Alton Ave, and proceeding easterly along W Alton Ave to S Greenville St, and proceeding northerly along S Greenville St to W Segerstrom Ave, and proceeding easterly along W Segerstrom Ave to S Raitt St, and proceeding northerly along S Raitt St to W Warner Ave, and proceeding westerly along W Warner Ave to the point of beginning. Fifth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of N Harbor Blvd and W 1st St, and proceeding northerly along N Harbor Blvd to the Garden Grove/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to W 17th St, and proceeding easterly along W 17th St to N Fairview St, and proceeding northerly along N Fairview St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W 17th St, and proceeding easterly along W 17th St to N Main St, and proceeding southerly along N Main St to W 1st St, and proceeding westerly along W 1st St to N Bristol St, and proceeding southerly along N Bristol St to W 1st St, and proceeding westerly along W 1st St to S Raitt St, and proceeding southerly along S Raitt St to W Willits St, and proceeding westerly along W Willits St to unnamed Local road, and proceeding southerly along City Council 36 — 18 4/5/ 22 g e unnamed Local road to W Monta Vista Ave, and proceeding easterly along W Monta Vista Ave to S Center St, and proceeding southerly along S Center St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Fairview St, and proceeding northerly along S Fairview St to N Fairview St, and proceeding northerly along N Fairview St to W 1st St, and proceeding westerly along W 1st St to the point of beginning. Sixth District All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Bristol St and nonvisible boundary, and proceeding northerly along S Bristol St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Flower St, and proceeding northerly along S Flower St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Main St, and proceeding southerly along S Main St to McFadden Ave, and proceeding easterly along McFadden Ave to S Orange Ave, and proceeding northerly along S Orange Ave to E McFadden Ave, and proceeding easterly along E McFadden Ave to S Halladay St, and proceeding southerly along S Halladay St to McFadden Ave, and proceeding easterly along McFadden Ave to S Standard Ave, and proceeding northerly along S Standard Ave to E 1st St, and proceeding westerly along E 1st St to N Main St, and proceeding northerly along N Main St to E 17th St, and proceeding easterly along E 17th St to 1- 5, and proceeding southerly along I- 5 to N Grand Ave, and proceeding southerly along N Grand Ave to E 1st St, and proceeding easterly along E 1st St to S Lyon St, and proceeding southerly along S Lyon St to McFadden Ave, and proceeding easterly along McFadden Ave to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to Costa Mesa Fwy, and proceeding southerly along Costa Mesa Fwy to E Dyer Rd, and proceeding westerly along E Dyer Rd to S Main St, and proceeding northerly along S Main St to W Warner Ave, and proceeding westerly along W Warner Ave to nonvisible boundary, and proceeding westerly along nonvisible boundary to the point of beginning. City Council 36 — 19 4/5/ 22 g e City Manager Office www.santa-ana.org/cm Item # 37 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: City Charter AGENDA TITLE: Charter Review Ad Hoc Committee Informational Report RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION Introduction This report provides background information relating to recent proposals to amend the City Charter (the "Charter"), share the Charter Review Ad Hoc Committee's progress to date, and create an opportunity for the City Council to discuss and provide direction to staff for follow-up. About the Charter The City of Santa Ana is governed through a Charter authorized by the California Constitution. The Charter is a vital document which establishes a degree of autonomy to local governments and outlines certain authority and restrictions the City has over municipal affairs. The Charter addresses important aspects of Santa Ana's authority. The original Charter of the City of Santa Ana was adopted by the voters on 1952. Modifications to the original document have been approved by the voters on several occasions, with the last major amendment occurring as part of the November 8, 2018 General Municipal Election. 2020 Charter Review Ad Hoc Committee From January to May 2020, an ad hoc committee of the City Council (the "2020 Ad Hoc Committee") met to explore proposals to amend the Charter. After a series of 11 meetings, and based upon feedback from City staff and the public, the ad hoc committee prepared 17 proposed Charter amendments (Exhibit 1). The proposed amendments consisted of administrative clean-up items and various policy issues from the then -seated members of the City Council. Ultimately, the City Council decided to not take any action. City Council 37 — 1 4/5/2022 City Charter April 5, 2022 Page 2 About the 2022 Charter Review Ad Hoc Committee In December 2021, Mayor Sarmiento established the 2022 Charter Review Ad Hoc Committee (the "2022 Ad Hoc Committee"), composed of Councilmembers Mendoza, Penaloza, and Phan) to explore possible Charter amendments to be considered as part of the November 8, 2022 General Municipal Election. In addition to reviewing the 17 proposed Charter amendments from the 2020 Ad Hoc Committee, the 2022 Charter Review Ad Hoc Committee members will be examining the following topics: (1) current City Council policy matters; and (2) a proposal to prohibit the use of all fireworks. It is important to note that in addition and separate to the work of the 2022 Ad Hoc Committee, the Police Oversight Ad Hoc Committee is considering establishing a police oversight board/commission, which could include an amendment to the Charter. If so, that recommendation would come from the Police Oversight Ad Hoc Committee and would not be considered by the 2022 Ad Hoc Committee. 2022 Charter Review Ad Hoc Committee Recommendations The 2022 Charter Review Ad Hoc Committee will be preparing three sets of recommendations to the City Council: (1) recommendations to reconsider 16 of the 17 Charter amendments originally proposed by the 2020 Ad Hoc Committee; (2) a recommendation whether or not to prohibit the use of all fireworks; and (3) any new proposals to amend the Charter based upon policy issues from the current City Council. This report includes recommendations relating to the first item (reconsider previous proposed Charter amendments). Staff will return to the City Council at a future meeting with separate informational reports that will outline a recommendation relating to the prohibition on the use of fireworks, as well as any new proposals (City Council policy matters) from the 2022 Ad Hoc Committee to amend the Charter. Recommendation: Reconsider 16 of the 17 Charter Amendments Proposed by the 2026 Ad Hoc Committee. Below is an overview of 16 of the 17 Charter amendments that were originally proposed by the 2020 Ad Hoc Committee, all of which the 2022 Ad Hoc Committee recommends that the City Council move forward for the November 8, 2022 General Municipal Election. Proposed Charter Amendment Purpose / Reason for Amendment 1 Section 400: Number, Selection Clarifies when new councilmembers are sworn in and Term of Members 2 Section 404: Presiding Officer, Moved term limit provisions from this section to Mayor Section 401.01 new 3 Section 401.05 (new): Code of Clarifies the applicability of the Code of Ethics and Ethics and Conduct Conduct to include elected officials, the City Attorney, City Manager, Clerk of Council, Police Chief, and directors of all City departments 4 Section 405: Mayor Pro Tern Clarifies when the selection of the mayor pro tern shall occur City Council 37 — 2 4/5/2022 City Charter April 5, 2022 Page 3 5 Section 406: Council Judge of Adds "or at a special meeting" Elections and Qualifications of Members 6 Section 413: Adoption Adds "resolutions" to title; clarifies effective date and (Ordinances) who can sign, and provides that ordinances amended after the first reading must be re- introduced to be consistent with state law 7 Section 613: Claims— Finance recommends revising this section to Formalities; Treasury Warrants streamline the process for paying invoices. The prescribed process in the Charter is outdated. 8 Section 1000: Civil Service Revises equal opportunity provisions; adds "with System concurrence of the City Council" relating to the civil service rules 9 Section 1002: Civil Service and Administrative clean-up; revisions to ensure Excepted Service compliance with CalPERS rules and other applicable laws and regulations 10 Section 1010: Prohibitions Updates anti -discrimination provision and adds a provision requiring that the City Council adopt an anti -nepotism policy 11 Section 1011: Contract for Changes "personnel" to "human resources" Performance of Administrative Functions 12 Section 1014: Work Stoppages Removes this section in its entirety 13 Section 1208: Enforcement Allows that the City to contract with a State or County entity to enforce the provisions of this section 14 Section 1400: Employees' Revisions to be consistent with revisions in Section Retirement System 1002 15 [various] Replaces gender -specific language with gender - neutral language 16 [various] Replaces "clerk of the council" with "city clerk" The text relating to each proposed Charter amendment (Exhibit 1) is attached to the staff report. Timeline to Submit Charter Amendments for the November 2022 General Election In the event that the City Council decides to submit one or more proposed Charter amendments to the voters at the General Municipal Election on November 8, 2022, and to ensure sufficient time to prepare all the necessary documents and provide for a ballot argument process, the City Council must make the decision relative to submitting ballot measures by no later than the June 7, 2022 City Council meeting. Specifically, by the June 7, 2022 meeting, the City Council must accomplish the following: • Adopt a resolution calling for the placement of a ballot measure regarding proposed Charter amendment(s) (§9280, 9282); • Request that the Orange County Board of Supervisors consolidate with the Statewide General Election; City Council 37 — 3 4/5/2022 City Charter April 5, 2022 Page 4 • Authorize the filing of direct arguments and rebuttals designating up to five (5) Councilmembers to author an Argument and Rebuttal statement; • Direct the City Attorney to prepare an impartial analysis (§ 9280); and • Direct the Clerk of the Council to publish legal notices as required by law. The Clerk of the Council has prepared a detailed calendar of deadlines relating to adding ballot measures to be considered at the November 8, 2022 General Municipal Election (Exhibit 2). Options for Consideration by the City Council The City Council has the following options to consider relating to this item: 1. Concur with the 2022 Ad Hoc Committee regarding the proposed Charter amendments 1 through 16; or 2. Review the proposed Charter amendments 1 through 16 and direct staff to prepare revised proposed Charter amendments 1 through 17 as discussed; and 3. Direct City Attorney and Clerk of the Council to prepare necessary documents to place any of the proposed Charter amendments on the ballot for November 3, 2020 General Election. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Proposed Charter amendments text (redline / track changes) 2. Calendar of Deadlines Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 37 — 4 4/5/2022 Sec. 400. - Number, selection and terms of members. The City Council shall consist of seven (7) members elected at the times and in the manner provided in this charter, each of whom, except for the mayor, shall serve a term of four (4) years. The term of each member shall begin at 6:00 p.m. on the first regularly scheduled meeting or at a special meeting conond Tuesday of DeGernhor following certification of election results, and each shall serve except as otherwise provided for in this charter, until the member's his or herr successor is elected and qualified. Each office of councilmember shall be a separate office and, except for the mayor, one (1) of such offices shall be assigned to each of the wards of the City. Councilmembers shall be residents of their respective wards, and nominated and elected only by the voters of their respective wards. The Mayor shall be elected from the City at large. 4431(!Ryr1Council 37 — 5 4/5/2022 Sec. 401-Qualifications of members To be eligible to be elected to the office of councilmember, a person must demonstrate that the candidate has been both (1) be a thirty (30) day registered qualified voter in the ward from which the candidate is nominated and (2) a-nd a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued. as r,r,.,,ided fef 4^ A policy providinE for proof of residency will be adopted by ordinance by the majority of the City Council. The residency address and voter registration address must be the same. the -€lectiens-C�P-]e-A-.the 1St—ate A-f. Oal�a except t the mayeF Reed ORIY be a registered voter and thiFty (30) day resident A—f thp- city at such tirne-. To be eligible to be elected to the office of mayor a person must demonstrate that the person has been both (1) a thirty (30) day registered voter within the city and (2) a thirty (30) day resident of the city at the time nomination papers are issued. A policy providing for proof of residency will be adopted by ordinance by a majority of the City Council. The residency address and voter registration address must be the same. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember's predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember's predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. RECOMMEND: Moving to new Section entitled "Term Limits" " peFSOR • he h-S Se.rveel three (3) consecutive terms of four (4) years eadh Shall beeligible fer appeiRtmeRt, Rernin-;;t*A-.n fA-.r or election te ,-;A-A-.np-.r th;;nfAr A tPrrn hegiRRing eight (9) years after completion Af th;# "mernber's ceunc th*rrIPAn,;.,P--to"., Fi-II t.,r.. .. . . . .. . .. .. .. .. .. . .. . .. . .. . . . . ... . .... .... . .. . #43IRY,Council 37 — 6 4/5/2022 SECTION 401.01-Term Limits (NEW SECTION) This section is a restatement of the current term limit provisions in Charter Section 401 and 404. Sec. 401.01.- Term limits. A. Councilmembers A person who has served three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember's third consecutive full term. Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official's term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term; provided, however that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term, or vice versa. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. B. Mayor A person who has served four (4) consecutive terms of two (2) years each, commencing with the term entered as a result of the November 2012 election, shall be eligible for appointment, nomination for or election to the office of mayor no sooner than for a term beginning eight (8) years after completion of the mayor's fourth consecutive full term. This eight year "cooling off" period shall not apply to eligibility for appointment, nomination for or election to a council member office; provided, however, that any person who has served twenty (20) consecutive years in office, as both a council member and mayor, regardless of the order in which they served, shall not be eligible for appointment, nomination or election as a council member or as mayor, no sooner than for a term beginning eight (8) years after completion of the council member or mayoral term. Short or partial terms shall not be considered in determining eligibility for appointment nomination or election as mayor. For purposes of this Charter, short or partial terms shall only be those where the mayor was elected or appointed to replace another mayor who left office before the latter official's term expired. Any mayor who assumed office at the beginning of a term and left office early or before term expires for any reason whatsoever shall be deemed to have served a full term. The provisions of this section related to short or partial terms is deemed to be declaratory of existing law. #431�iity Council 37 — 7 4/5/2022 Section 401.05 Sec. 401.05. - Code of ethics and conduct. The City of Santa Ana shall adopt a Code of Ethics and Conduct for elected officials, the City Attorney, the City Manager, the Clerk of Council, the Police Chief, directors of all City departments, and members of appointed boards, commissions, and committees to assure public confidence in the integrity of local government elected and appointed officials. The City Council shall periodicaly review a4w the Code of Ethics and Conduct and make any amendments by ordinance or resolution within six months of the effeGtiye date of this Charter seGtion Any person alleging a violation of the Code of Ethics and Conduct by the Police Chief or department director shall provide a written document to the City Manager with their name and contact information and a brief description of the alleged violation. The City Manaaer shall review and resaond to the complaint in writina and retort to the Citv Council every thirty (30) days of the status of the review. Any person alleging a violation of the Code of Ethics and Conduct by any member of the City Council, the City Manger, the City Attorney, the Clerk of Council, or members of appointed boards, commissions, and committees shall provide a written document to all members of the City Council with their name and contact information and a brief description of the alleged violation. The City Council shall refer the complaint to an ad hoc committee of the Council for review. The Council ad hoc committee may then make a recommendation to the full City Council for futher review, investigation or action. When a review or investigation is completed, the City Council may impose sanctions which may include, a reprimand, formal censure or loss of committee assignments or in the case of members of boards, commissions or committees, removal from the board, commission, or committee. A complaint concerning an alleged violation by one of the Council's appointed employees shall be handled as a personnel matter. 4431(!Ryr1Council 37 — 8 4/5/2022 Sec. 404. - Presiding officer, mayor. The mayor shall be a member of the City Council and shall preside over the meetings of the City Council. The mayor shall have voice and vote in all of the City Council's proceedings and shall be recognized as head of the City government for all ceremonial purposes. The mayor shall have no administrative duties but shall perform such other duties as may be prescribed by this charter, or imposed by the City Council, consistent with his office. The mayor shall be elected by the voters of the City at large at each general municipal election in November of even -numbered years for a two-year term commencing on the same date as the terms of other council members elected in such year. No person may be a candidate for mayor and a candidate for any other office on the City Council in the same election. In the event an incumbent City Council member other than the mayor is elected mayor such other office shall become vacant at the time he or she assumes office as mayor and the City Council shall call a special election to fill the vacancy. To be eligible to be elected to the office of mayor a person must be a qualified voter as provided for in the Elections Code of the State of California. If the mayor is convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council. RECOMMEND: moving to separate section entitled "Term Limits." ^per -son who has sep,,oe f of (4) eenseettfive terms of two (2) years eaeh ' . with the term entered as a restilt of the Novembe 2012 eleetien, shall be eligible fef appointment, fie ------- Mien- _&w_ elf eleetion te the effiee of mayef no seenef than fef a tefm begianing eight (8) years aftef eempletion of the mayef's fe�Ah eanseetifive fail tei:ffl. This eight year "eoeling ofPpefiod shall not apply to eligibility for appointmeat, nomination for- or- elepet-inan eetiffeil fnembef affiee; pfevided, however-, that any pefsen who has ser-ved twenty (20) eenseetifive years in eligible for- appointment, nomination or eleetion as a eotineil member or- as mayor-, no soonef than for- a ter eleetion as mayon Fof pur-poses of this Chafter-, shoft or- paftial terms shall only be those whefe the mayor - was eleeted or appointed to r-eplaee anothef mayor- who left offiee befofe the latter- offieial's term expifed. any reasea whatsoever shall be deemed to have served a ffill term. The provisions of this seetion related to 4434RU,Council 37 - 9 4/5/2022 Sec. 405. - Mayor pro tem. Each calendar year, at the in the first meeting in January, speeial eleetion at ..., ieh mom,.o s f the City Couneil afe eleeted; the City Council shall elect a mayor pro tem who shall act as mayor during the absence from the City or disability of the mayor, or during any vacancy in the office of mayor until otherwise filled in accordance with section 403. All members of the City Council, other than the mayor, shall be eligible to serve as mayor pro tem regardless of their seniority or whether they previously served a term or terms as mayor pro tem. The mayor pro tem from the previous vear cannot be selected as mavor pro tem the next vear. The mavor pro tem shall serve at the will and pleasure of the Council and be replaced by four affirmative votes of the Council. #431ggv1Council 37 - 10 4/5/2022 Sec. 406. - Council judge of elections and qualifications of members. The City Council shall be the judge of the election and qualifications of its memberfs) as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting or at a special meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any. 4431CR (Council 37 — 11 4/5/2022 Sec. 413. - Adoption (resolutions and ordinances). Every ordinance shall be introduced in writing. A copy of each ordinance and written resolution shall be available in the council's chambers for public inspection during any council meeting at which the same is to be passed or adopted. No ordinance shall be passed finally on the day it is introduced, except for emergency ordinances as hereinafter defined in Section 415, nor within six (6) days thereafter, nor at any time other than at a regular or adjourned regular meeting. A proposed ordinance may not be amended or modified between the time of its first reading introduetion and the time of its second reading final except for clerical errors or corrections as discussed by the Council ,.,.,,viding its general seepe original *,,i . The rights and powers conferred on the City Council shall be exercised by ordinance, resolution or motion as may be prescribed by the Constitution or Laws of the State of California, and the provisions of this Charter; provided, that each act of the City Council establishing a fine or other penalty or granting a franchise shall be by ordinance. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting, except when a state of emergency has been declared or at an emergency meeting properly convened. All ordinances and written resolutions shall be signed by the mayor and attested by the Clerk of the Council as soon as possible, but no later than 72 hours from its adoption by the Council If the mayor is not available or does not sign an ordinance or resolution, the Clerk of Councill shall first ask the mayor pro tem to sign and then any Councilmember who voted to approve the ordinance or resolution. 4431Ry1Council 37 - 12 4/5/2022 Sec. 609. - Budget appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several offices, agencies, and departments for the respective objects and purposes therein specified as stated in an appropriation ordinance. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least two thin- s (2 ' four of4he-members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget; except that the City Council shall not reduce that portion of the budget providing for the support of public recreation programs below the amount specified in section 607 of this article. 4431ggy1Council 37 - 13 4/5/2022 Sec. 613. - Claims —Formalities; treasury payment w-arraRtS. Any claim against the City shall be in writing and may be in the form of a bill, invoice, payroll, or formal demand. The director of finance, with approval of the City Manager, may prescribe the formatter #errs; e+}in which claims against the City shall be presented. to -horn. Each such claim shall be presented to the d+regta finance_ department. The director of finance shall prescribe internal controls for examination and audit of each claim, wh^ ,hail ^^ �^� � � + }. If the claim is correct in all respects, has not previously been paid nor certified for payment, is provided for by an appropriation or legally enforceable court or administrative order for the purpose or object that gave rise to it, and if sufficient funds for the payment thereof remain unencumbered in such appropriation if applicable, and if the claim is otherwise legally due and payable, the director of finance shall SO ^^,+iffy en the ^ -a' f^rrn evide^^'Rg the ^'aim any shall authorize payment from draw his warraRt OR the treasury, and against the proper fund, for the payment thereof. All claims certified for payment by the director of finance, and payments warrants drawn by the finance director him for the payment thereof, shall be transmitted by the finance director d�m to the City Manager together with a list of such payments warraRtS payable from each fund, showing for each payment,warrant the number, date, and amount of the payment warran+ and the name of the payee. The City Manager may approve or disallow any of the claims so certified for payment. Any person dissatisfied with the refusal of the director of finance and/or the City Manager to approve any claim, in whole or in part, may present such claim to the City Council. The City Council, after examination into the matter, may approve or disapprove the claim in whole or in part, and, if properly payable under an existing appropriation, may order the director of finance to make payment of the claim or portion thereof dFaw his warrant ^n the treasury in paymeRt +h^reef. For any such claim for which no provision, by way of appropriation, exists, but which is approved for payment by the City Council, appropriation by the City Council shall be made therefor before the director of finance is ordered to make payment draw his warraRt in eRt thereof. Payment due`^WarraRtS on the City treasury which are not paid for lack of funds shall be registered. All registered payments warrants shall be paid in the order of their registration when funds therefor are available and shall bear interest from date of registration at such rate as shall be fixed by the City Council by resolution. #431q1v1Council 37 — 14 4/5/2022 ARTICLE X. -CIVIL SERVICE Sec. 1000. - Civil service system. A civil service system shall be as follows in addition to necessary rules of implementation to be established by ordinance: and as may be recommended by the personnel board: (a) That the most qualified and competent employees shall be appointed and promoted, based upon fair and equitable competition for the positions to ensure the highest quality City government. (b) That no political or other outside influences shall affect appointments or promotions. (c) That there shall be equal opportunity for all persons regardless of membership in a protected class as specified in state or federal law. F^'i^ion eed aFital status ph handiGap, or national arigin. (d) That there is equitable treatment of all civil service employees in matters of discipline, layoff or dismissal from the City service. The system should be established in such a manner to ensure the accomplishment of the foregoing standards in appointments, promotions, discipline, layoffs or dismissals of civil service employees. The civil service rules and regulations shall provide for such matters as the City Council and the personnel board, with the concurrence of the City Council, may deem necessary, proper or expedient to carry out the intent and purpose of the civil service provisions of this charter. These rules and regulations shall provide: (a) Preference for veterans for appointment to civil service positions consistent with the principle of merit. (b) Vacancies in positions of the higher classes in the civil service of the City shall be filled with preference to employees occupying positions of lower classes having duties and responsibilities which can reasonably be considered as affording training and experience for the performance of the duties of the higher class. (c) That persons achieving eligibility for a position in the civil service shall retain that eligible status for a time sufficient to offer an opportunity to be appointed to a position in the civil service. (d) That the right to exercise disciplinary and dismissal powers is vested respectively in the officers of the City who have the power of appointment as to any position in the personnel system. Actions relating to suspension, demotion or dismissal for reasonable and sufficient cause may be taken by the officer having the power of appointment to the position. City Council 37 — 15 4/5/2022 Sec. 1002. - Civil service and excepted service. The civil service system of the City shall cover all employees of the City not excepted by this section. (a) The excepted service shall comprise the following offices and positions: (1) The individual offices held by all elective officers; (2) The City Manager and the City Manager's his assistants, if any; (3) The City Attorney and the City Attorney's lais legal assistants, if any; (4) The Clerk of the Council; (6) The diresior^ofpersen�, of aaT (57) The head of each department of the City as specified by ordinance or resolution-44et otherwise speGified hereon and the ^h'^f arlmonostratmvp offmcpr of the communot redevelopment agenGy Of the Gity ef Santa Ana, and of the housing authority of the City of Santa Ana, but not including the police chief or the fire chief; (fig) One private secretary to the City Manager; Q9) All members of boards and commissions; @41-0) Positions occupied by persons employed to render professional, scientific, technical, or expert service of an occasional and exceptional nature; (944) Positions in any class or grade created for a special or temporary purpose. iGh e teexist fer ^ peFied Of ..et !E)Rger than a Ret y (90) days-• 2) Positions of any Glass or grade exempted from the ch.fml sp.n.dnp for a. maximum of six (6) months in any Galendar year provided that the personnel board upon appliGation of the city 2i3) ef its members. Any SUGh exemption shall not afferl the tanurp ef any person whG&e appeiRtmeRt has he^eme final ,...ter GiVil (103) Part-time positions or employments; requiring less than twenty (20) regular hours of m nle..ment n week; (115) All positions occupied by persons employed to replace employees ordered to active duty, enlisted, or drafted for military service during a national emergency or when this country has declared war and until the expiration of the time when such replaced employee could demand his former position of employment under federal or state statutes. (b) The civil service shall comprise all positions not specifically included by this section in the excepted service. (c) In the event an officer or employee of the City holding a position in the civil service is appointed to a position in the excepted service and should subsequently be removed therefrom within twelve (12) months of the employee's appointment to the excepted service, the employee shall revert to the employee's his former position in the civil service without loss of any rights or privileges and upon the same terms and conditions as if the employee had remained in said position continuously. Formatted: Normal City Council 37 — 16 4/5/2022 Sec. 1010. - Prohibitions. (a) No officer or employee of the City shall in any way favor or discriminate against any employee of the City or any applicant for employment with the City because of the employee's his or her rare a Golor, religion, sex or national ori . Membership in a protected class under state or federal law. (b) No officer or employee of the City shall engage in any political activities in violation of Chapter 9.5 of Division 4 of Title 1 of the California Government Code (commencing with Section 3201) as the same exists on the date of adoption of this section or as the same may be thereafter amended, or in violation of any other provisions of applicable law. (c) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription, or contribution, whether voluntary or involuntary, for any political candidate, for Santa Ana municipal office from anyone on an eligible list, or, with the exception of elective officers and members of appointive boards and commissions, anyone holding a position in the service of the City. (d) No person shall willfully or through culpable negligence make any false statement, certificate, mark, rating, or report in regard to any application, test certification, or appointment held or made under the provisions of this article or in any manner commit or attempt any fraud preventing the impartial execution of such provisions of this article or of the rules and regulations made hereunder. (e) No officer or employee shall use nepotism in contracting, hiring, promotion, discipline or any other employment decision. The City Council shall adopt an anti -nepotism policy. City Council 37 — 17 4/5/2022 Sec. 1011. - Contract for performance of administrative functions. The City Council, upon recommendation of the City Manager, may contract with the governing body of any other City or of any county within this state, or with any state department or other state agency for the preparing or conducting of competitive examinations for positions in the service of the City or for the performance of any other human resources personnel administration service. City Council 37 — 18 4/5/2022 Sec. 1014. = Reserved. WGFI( stappages. City Council 37 — 19 4/5/2022 Sec. 1015. - Penalty for violation of article. In addition to the penalties provided for in this charter for violations of its provisions, any person who individually ~ e'Tor with others violates any of the provisions of this article shall upon conviction thereof be ineligible for a period of three (3) years for employment in the service of the City and shall immediately forfeit the person's his office or position if the person is he be an officer or employee of the City. City Council 37 — 20 4/5/2022 Sec. 1206. - Campaign contribution limitation. (Aa) No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of his or her personal funds to his or her own campaign contribution account. As used herein, "election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election in the City of Santa Ana to the same office. As used herein, "person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, labor union, or any other organization or group of persons acting in concert. (B) A restricted developer or principal shall not make a contribution to the Mayor, member of the C Council, or a candidate or a controlled committee for these elected City offices. The restrictions regarding Restricted Developers apply from the time an application is submitted until 12 months after the date a letter of determination is issued, or if none, the date the decision on the application is final. If the application is withdrawn or terminated pursuant to the City's Zoning Code, the restriction applies until the day after the termination or the filing of the withdrawal. 1) For purposes of this section and section 1206.01, the following definitions apply: a) "Applicant" means a person who is identified as the applicant on an application filed with the City's Planning and Building Department for a Significant Planning Entitlement as defined herein and includes any subsequent person identified as the applicant; b) "Owner" means a person identified as a property owner in coniunction with the applicant for a Significant Planning Entitlement: c) "Principal" means a restricted developer's chair, president, chief executive officer, chief operating officer, and any individual who serves in the functional equivalent of one or more of these positions; a person who holds an ownership interest of 20 percent or more in a Restricted Developer; and an individual authorized to represent a Restricted Developer before the Planning and Building Department concerning the Significant Planning Entitlement; d) "Significant Planning Entitlement" means the following planning approvals that are not solely ministerial: density bonus, development agreement, general plan amendment, site plan review, specific plan establishment, tentative tract map, vesting tentative tract, or zone change. e) "Restricted Developer" means anv Applicant. Owner or Principal with an application for a Significant Planning Entitlement that has been submitted to the Agency. :M] , IFTT'i I —M."I 3111Cf #431Rv1Council 37 — 21 4/5/2022 Draft Charter Section 1206.01- Required Disclosures (New) A. Purpose The purpose of this section is to supplement the required disclosures pursuant to the Political Reform Act and to increase transparency regarding campaign contributions to City elected officials, candidates for City elective office, their campaign committees, and other committees formed to support or oppose ballot measures or candidates within the City of Santa Ana. Reauired Camoaien Disclosures In addition to the campaign statements required to be filed pursuant to the Political Reform Act, commencing with Government Code Section 81000, candidates, their controlled committees, and independent committees primarily formed to support or oppose candidates in the City of Santa Ana shall file a pre -election statement on the Friday before each election on a form provided by the Clerk of Council. This statement shall have a closing date of the Wednesday immediately preceding the election date and shall cover the period from the last pre -election statement filed pursuant to the Political Reform Act to the Wednesday immediately preceding the election date. "Election" as used in this Section shall include any general municipal election, special municipal election, and recall election. Every City primarily formed recipient committee formed to support or oppose the qualification of an initiative or referendum measure prior to the commencement of the petition drive shall, within 10 calendar days of the commencement of the petition drive, file a statement on a form provided by the Clerk of Council disclosing all contributions of $100 or more received after the closing date of its most recent Fair Political Practices Commission Form 460, or if the primarily formed recipient committee has not previously filed a Form 460, the form shall instead disclose all contributions of $100 or more received since January 1 of that year. a) For purposes of subsection 2, a petition drive commences when the proponent of an initiative or referendum measure begins circulating a petition for signatures. b) The statement shall have a closing date of the day immediately preceding the commencement of the petition drive. Every committee shall file with the Clerk of Council a Statement of Organization within ten (10) days after it is formed as a committee. Every committee that forms during the period between the closing date of the last pre -election statement and the election, shall file with the Clerk of Council, a Statement of Organization no later than the close of the next business day. 4. A candidate or the candidate's controlled committee must disclose, on a form provided by the Clerk of Council, any campaign -related agreements entered into by the candidate or controlled committee that provide for post -election payments. Such agreements include, but are not limited to, contingency payment or "bonus" payment plans offered by campaign consultants and agreements with persons who will receive compensation after the election for campaign services performed prior to the #431Rv1Council 37 - 22 4/5/2022 election. A post -election payment agreement must be reported on or before the filing date of the next pre -election statement that must be filed after the agreement is entered into. Unless otherwise defined in this Charter or the municipal code, all terms shall have the same meaning as set forth in the Political Reform Act (Government Code Section 81000 et seq.) C. Reauired Disclosures by Restricted Developers 1. The Planning Department shall notify every Applicant of the requirements of Charter Section 1206 as to Restricted Developers and this Section. 2. At the time an application for a Significant Planning Entitlement, as that term is defined in Charter section 1206, is submitted to the City's Planning Department, the Applicant shall file the following information: a) The date the application was submitted; b) The Applicant's name, address, phone number and email address; c) The name, address, phone number, and email address of each Owner; d) The names and titles of all of the Principals; e) and certification under penalty of perjury that the information submitted is true and complete and that the applicant understands, will comply with, and will notify all the Owners and Principals of the prohibitions in Charter section 1206 as to Restricted Developers. D. It is unlawful to fail to comply with the disclosure requirements of California Government Code section 81000 et seq. and the additional requirements of this section. #431Rv1Council 37 - 23 4/5/2022 Sec. 1208. - Enforcement. -(a) Any person who knowingly or willfully violates sections 1206-or 1207 of this charter is guilty of a misdemeanor. (b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206, 1206.01 or 1207. (c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in his or her own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund. (d) The City may contract with a State of County entity to enforce the provisions of this Section. 4431CR (Council 37 — 24 4/5/2022 Sec. 1400. - Employees' retirement system. (a) Duty to provide retirement system. Except as hereinafter otherwise provided, the council shall provide, by ordinance or ordinances, for the creation, establishment and maintenance of a retirement plan or plans for all officers and employees of the City. Such plan or plans need not be the same for all officers and employees. Subject to other provisions of this article, the council may at any time, or from time to time, amend or otherwise change any retirement plan or plans or adopt or establish a new or different plan or plans for all or any officers or employees. (b) Authority to join other systems. Subject to other provisions of this article, the City, by and through its council, is hereby empowered, but not required, to join or continue as a contracting agency in any retirement or pension system or systems existing or hereafter created under the laws of the State of California or of the United States of America to which municipalities and municipal officers or employees are eligible for membership. (c) Continuance of existing retirement system. Until otherwise provided by ordinance, the City shall continue to participate in the Public Employees' Retirement System of the State of California, as the same now exists or may hereafter be amended. The City Council may not terminate any such contract with the Public Employees' Retirement System of the State of California, and may not amend any such contract in a manner which would decrease or eliminate any benefit accruing to persons employed by the City at the time of such contract termination or amendment, unless such amendment shall substitute a retirement system or systems providing equal or greater benefits for said persons. (d) Exclusions. The council in its discretion may exclude all or any of the following persons from any or all retirement plans, to wit: Persons mentioned in subsections (a)(1). (Q-(10)(b) of Charter Section 1002. f(a)Y'�`, Persons in City service primarily for training, study or educational purposes; Persons employed or paid on a part-time, per diem, per hour or any basis other than a monthly basis. City Council 37 — 25 4/5/2022 CITY OF SANTA ANA VOTE CALENDAR OF DEADLINES FOR BALLOT MEASURE TO BE CONSIDERED AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 DATE DESCRIPTION City Council adopted the following: • Calling for Election regarding proposed Charter Amendment (§9280, 9282); Jun 7 . Authorizing filing of direct Arguments; and • Authorizing City Attorney to prepare Impartial Analysis and fiscal impact (if applicable), 500 word max. (§ 9280) Jun 8 Clerk sets deadline for Arguments and publish Notice of Election - Measures (§9286 & Gov. Code §6061) File Arguments in favor and against proposed Charter Amendment, Jun 14 (recommended 7-14 days after approved by City Council; 300 words maximum) (§9286 & 9282) Public Review period for Arguments (not more than 10 days) Jun 14 to During this period, any voter of the jurisdiction or the county elections official Jun 24 may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. (§9380) Jun 27 File Rebuttal Arguments - deadline is no more than 10 days after Arguments are due (250 word max) (§9220) Public Review period for Rebuttal Arguments (not more than 10 days) (§9295) Jun 27 The elections official shall make a copy of the ordinance available for public to examination in the elections official's office for a period of 10 calendar days immediately following the filing deadline for submission of those materials. Jul 7 During this time, any voter of the jurisdiction may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. Only Rebuttal Arguments are subject to legal action during the public review period. Aug 12 Last day to withdraw Measures from the ballot. Nov 8 ELECTION DAY Certificate of Election Results: Approximately on this date, the elections Dec 8 official shall make and deliver to each person elected or nominated under its jurisdiction, a certificate of election or nomination, signed by the elections City Council 37 — 26 4/5/2022 City Manager Office www.santa-ana.org/cm Item # 38 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Police Oversight AGENDA TITLE: Police Oversight Ad Hoc Committee Informational Report RECOMMENDED ACTION Accept informational report and provide direction to staff. DISCUSSION Background Police oversight has been a topic of discussion at various City Council meetings. Most recently, this discussion began as a councilmember requested item at the June 16, 2020 City Council meeting (requested by Mayor Pro Tern Bacerra, with support from Mayor Sarmiento and Councilmember Penaloza). Subsequently, staff presented informational reports to the City Council on September 15, 2020, December 15, 2020, and September 7, 2021. Concurrently, staff engaged the community through two community feedback surveys and a community forum that included a moderated panel of subject matter and experts. The data collected from the surveys, along with comments submitted during the community forum, were shared with the City Council for their consideration as they discussed police oversight. The informational reports have included staff presentations that provide overviews of the various models of police oversight, structure, scope of authority, staffing, and access to information. While there appears to be consensus among the City Council to support police oversight in Santa Ana, the City Council is interested in narrowing the scope of what a police oversight mechanism might look like in Santa Ana. To that end, on September 21, 2022, Mayor Sarmiento appointed Mayor Pro Tern Bacerra, Councilmember Hernandez, and Councilmember Lopez to the Police Oversight Ad Hoc Committee to discuss those details. To date, the Ad Hoc Committee meetings have consisted of in-depth discussions of variations in police oversight models, the Peace Officer Bill of Rights (POBR), and initial recommendations on a police oversight mechanism for Santa Ana. City Council 38 — 1 4/5/2022 Police Oversight April 5, 2022 Page 2 Ad Hoc Committee Recommendations: Police Oversight Model A majority of the Ad Hoc Committee has indicated a preference of a hybrid Investigation - Focused and Auditor/Monitor-Focused model. Notably, there is significant variation among police oversight mechanisms; this means that not all police oversight mechanisms that are categorized under one or more models are the same. To guide the Ad Hoc Committee through identifying their preferred police oversight mechanism, staff prepared (and the Ad Hoc Committee members responded to) a survey, based upon the National Association of Civilian Oversight of Law Enforcement (NACOLE)'s Civilian Oversight Agency Directory. This directory was developed in partnership with the U.S. Department of Justice to standardize a publicly available database of police oversight mechanisms. Below is a summary of the Ad Hoc Committee's recommendations, based upon their majority response for each criteria: Oversight Functions • In addition to the oversight functions associated with the preferred primary oversight model, the police oversight model engages in the following functions: o Reviewing investigations (Reviews completed complaint investigations conducted by the overseen law enforcement agency's internal affairs unit for thoroughness, completeness, or accuracy.) o Auditing investigations and/or policy compliance (Audits of completed department investigations and/or compliance with department policy and procedures.) o Monitoring open investigations (Active monitoring of open department investigations and/or compliance with department policies and procedures.) o Independent investigations (Investigates civilian complaints separately and independently of the overseen agency's internal affairs unit.) o Pattern or trend analysis (Conducts analyses of patterns or trends in complaints, discipline, and/or department activities, policies, and/or procedures.) The police oversight mechanism oversees the Santa Ana Jail. The police oversight mechanism publishes the following reports: annual reports, special reports, complaint information or statistics, and analyses of department practices. Local Structure The police oversight mechanism is established by a Charter amendment, to be followed by an ordinance of the City Council with additional policy and procedure that aligns with the provisions of the Charter. The police oversight mechanism reports to the City Council. City Council 38 — 2 4/5/2022 Police Oversight April 5, 2022 Page 3 Board/Commission • The police oversight mechanism includes a board or commission (i.e., a "Police Oversight Board" or "Police Oversight Commission"). • The Police Oversight Board/Commission is trained on Police Department policies and procedures. • Members of the Police Oversight Board/Commission receive a stipend for serving on the board/commission. • Current law enforcement officers are not permitted to serve on the Police Oversight Board/Commission. • Former law enforcement officers are not permitted to serve on the Police Oversight Board/Commission. Staffing • The police oversight mechanism would include the following staff: director, attorney from the City Attorney's Office, investigator, auditor, analyst, and administrative assistant. Scope of Authority • The police oversight mechanism's scope of authority would include the following: o Accepts anonymous complaints ■ A complainant would not be required to submit an affidavit or notarized statement o Does not have a mediation program o Cannot respond to the scene of critical incidents o Can recommend and implement new or revised departmental policies/procedures o Can recommend and implement discipline o Can recommend investigative findings o Can recommend and implement training or retraining o Can require the Police Department to respond to recommendations Information Access • The police oversight mechanism has access to the following departmental records: o Computer -aided dispatch records o Personnel records o Body -worn / in -car video o Stop, search, and arrest records o Use of force reports o All electronic databases, including, but not limited to, the items listed above • The police oversight mechanism has access to the following Internal Affairs records: o Copies of open Internal Affairs files and investigations o Copies of closed Internal Affairs files and investigations o Front-end access to Internal Affairs database City Council 38 — 3 4/5/2022 Police Oversight April 5, 2022 Page 4 o Back -end access to Internal Affairs database The police oversight mechanism's access to records is secured by the Charter. Subpoena • The police oversight mechanism has subpoena authority. The City Council may consider supporting any or all of these recommendations for a police oversight mechanism. Ad Hoc Committee Recommendations: Enabling Legislation There are various methods by which a police oversight board/commission could be established. These include a Charter amendment to be submitted to the voters, an ordinance of the City Council, or resolution of the City Council. Among these, the options that would require voter approval include a Charter amendment and an ordinance submitted to the voters. In contrast, an ordinance or resolution of the City Council would be considered by the City Council only. At their meeting on March 11, 2022, the Ad Hoc Committee recommended that the City Council consider preparing a Charter amendment to be submitted to the voters, asking whether or not the City Council shall adopt an ordinance establishing a police oversight board/commission as outlined in the Charter amendment. Under this recommendation, the City Council would prescribe the minimum requirements for the structure and scope of authority of the police oversight board/commission in the Charter amendment, and submit the Charter amendment to the voters. Any additional details, such as the mechanics or procedure relating to the police oversight board/commission, would be established by ordinance of the City Council —and the ordinance would need to comply with the Charter amendment. Next Steps / Options At this time, staff seeks direction from the City Council. The City Council may consider the recommendations from the Ad Hoc Committee and direct staff as follows: • Direct staff to prepare a Charter amendment establishing a police oversight board/commission to be submitted to the voters at the November 2022 election. • Direct staff to return with more information. • Take no action. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 38 — 4 4/5/2022 Public Works Agency www.santa-ana.org/pw Item # 39 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Relocation Plan for Fairview Bridge Replacement and Street Improvements AGENDA TITLE Public Hearing — Adopt a Resolution Approving the Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) (Project No. 15-6827) (Non -General Fund) RECOMMENDED ACTION Adopt a resolution approving the Draft Relocation Plan for Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street). DISCUSSION Fairview Street is classified as a north -south major arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving Fairview Street from 91h Street to 16th Street (Exhibit 1) has been a long-term priority project. The proposed project would widen Fairview Street from two lanes to three lanes in each direction. Additionally, the Fairview Street Bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting. Construction is anticipated to begin in Spring 2023. To improve safety, the City is acquiring one property for sight distance purposes. Pursuant to California Government Code, a public entity is required to adopt a relocation plan by resolution whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. In conformance with this provision, the City prepared a Fairview Bridge Replacement and Street Improvements Relocation Plan (Relocation Plan) to outline the requirements for moving and reestablishing displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided (Exhibit 2). Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the total estimated relocation cost is approximately $480,000. The resolution adopting the Relocation Plan requires City Council approval before the property acquisitions can proceed (Exhibit 3). City Council 39 — 1 4/5/2022 Approve First Reading of a Resolution for Relocation Plan April 5, 2022 Page 2 The Draft Relocation Plan was made available for public review for 30 days, beginning February 11, 2022, at the Main City Library, the Clerk of the Council's Office, the Public Works Agency's public counter, and on the City's website. Each potentially displaced occupant and affected property owner was given an advisory notice regarding the availability of the Relocation Plan and provided an opportunity to submit questions and comments by March 15, 2022. All comments/questions and responses have been incorporated into the Relocation Plan herein presented for City Council approval. ENVIRONMENTAL IMPACT On June 16, 2020, the City Council approved the Fairview Street IS/MND (SCH No. 2020249015). FISCAL IMPACT Funding for the estimated cost of $480,000 is available in the Fairview Bridge Replacement and Street Improvements Project (No. 15-6827). The following table summarizes the funds budgeted and available to relocate impacted owners and tenants for this project, subject to non -substantive changes. Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description Measure M Measure M2 Competitive 2021-22 03217663-66220 Street Construction Street, Improvements $360,000 Other Than Building Select Street Gas Tax HUTA 2103, 2021-22 05917663-66220 Construction Improvements Other $120,000 Than Building TOTAL $480,000 EXHIBIT(S) 1. Location Map 2. Relocation Plan 3. Resolution Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 39 — 2 4/5/2022 Exhibit 1 N .. SANTA ANA PWA1 u PUBLIC WORKS AGENCY Project No. 15-6827: Fairview Bridge Replacement and Street Improvements (9t" Street to 16t" Street m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project Draft Relocation Plan Prepared for: City of Santa Ana Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, California 92702 Prepared By: Monument Inc. 200 Spectrum Center, Suite 300 Irvine, CA 92618 Phone (800) 577-0109 February 2022 Adopted Date: City Council 39 — 4 4/5/2022 REAL ESTATE I RIGHT-OF-WAY I DBE I SBE ADVISORY NOTICE February 11, 2022 On behalf of the City of Santa Ana, we are notifying you that the draft Relocation Plan (Plan) for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project has been completed. The Plan will be available for a period of thirty (30) days for public review and comment beginning Friday, February 11, 2022. All written comments regarding the Plan should be submitted no later than 5:00 p.m., Tuesday, March 15, 2022. The Relocation Plan is available for your review at the following locations: City of Santa Ana 20 Civic Center Plaza City Hall, 8th Floor Santa Ana, CA 92701 Monday — Thursday (8 am — 5 pm) Alternate Fridays (8 am — 4pm) City of Santa Ana 20 Civic Center Plaza Ross Annex Bldg, 1st Floor Santa Ana, CA 92701 Monday — Thursday (8 am — 5 pm) Alternate Fridays (8 am — 4 pm) City of Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Monday & Wednesday (12 pm — 8 pm) Tuesday & Thursday (10 am — 6 pm) Friday & Saturday (9 am — 5 pm) The draft Relocation Plan will also be posted at the following link: https://www.santa-ana.org/pw/fairview-bridge-replacement-and-street-improvements If you have any comments regarding the draft Relocation Plan or the proposed project, submit your written comments by Tuesday, March 15, 2022, to: Ms. Daniela Borbe Monument, Inc. 200 Spectrum Center, Suite 300 Irvine, CA 92618 Or via email at: fairview(cDsanta-ana.org m onument 2^Q:,r tom. A I-- - I ... :..- - nlAl D City Council Info@monumentrow.com 13gC 570109 4/5/2022 monumen,row.com m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Contents I Table of Contents INTRODUCTION......................................................................................................................................................1 I. PROJECT AREA DESCRIPTION..................................................................................................................2 A. REGIONAL LOCATION..............................................................................................................................................2 B. PROJECT SITE LOCATION AND DESCRIPTION.........................................................................................................3 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS.................................................................................5 II. ASSESSMENT OF RELOCATION NEEDS.................................................................................................. 6 A. SURVEY METHODS.................................................................................................................................................6 B. FIELD SURVEY DATA— RESIDENTIAL.......................................................................................................................6 1. Housing Mix..................................................................................................................................................... 7 2. Occupancy Standards................................................................................................................................... 7 3. Income............................................................................................................................................................. 7 4. Ethnicity/Language.........................................................................................................................................7 5. Households with Seniors...............................................................................................................................8 6. Households with Disabilities......................................................................................................................... 8 7. Preferred Relocation Areas...........................................................................................................................8 RELOCATIONRESOURCES........................................................................................................................ 9 A. METHODOLOGY......................................................................................................................................................9 B. REPLACEMENT HOUSING AVAILABILITY..................................................................................................................9 1. Residential For -Sale and Rental Housing................................................................................................... 9 2. Summary ........................................................................................................................................................10 C. RELATED ISSUES..................................................................................................................................................10 1. Concurrent Residential Displacement.......................................................................................................10 2. Temporary Relocation..................................................................................................................................10 IV. THE RELOCATION PROGRAM.............................................................................................................11 A. PROGRAM ASSURANCES, STANDARDS AND OBJECTIVES.....................................................................................11 B. RELOCATION ADVISORY ASSISTANCE...................................................................................................................12 C. RELOCATION BENEFITS — RESIDENTIAL................................................................................................................13 1. Residential Moving Expense Payments....................................................................................................13 2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent..............................................14 3. Down payment Assistance to Tenants Who Choose to Purchase........................................................15 D. LAST RESORT HOUSING.......................................................................................................................................17 E. DETERMINATIONS OF COMPARABLE HOUSING.....................................................................................................17 F. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS.................................................17 G. IMMIGRATION STATUS..........................................................................................................................................18 H. RELOCATION TAX CONSEQUENCES......................................................................................................................18 1. TITLE VI -THE CITY'S NON-DISCRIMINATION POLICY................................................................................................... 19 J. FAIR HOUSING LAWS...............................................................................................................................................19 V. ADMINISTRATIVE PROVISIONS................................................................................................................20 A. NOTICES............................................................................................................................................................... 20 B. PRIVACY OF RECORDS..........................................................................................................................................21 C. GRIEVANCE PROCEDURES....................................................................................................................................21 City Council ; 39 — 6 4/5/2022 lml�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan D. EVICTION POLICY..................................................................................................................................................21 E. CITIZEN PARTICIPATION........................................................................................................................................22 F. PROJECTED DATES OF DISPLACEMENT................................................................................................................22 G. ESTIMATED RELOCATION COSTS..........................................................................................................................22 City Council ;; j39 — 7 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan List of Tables Table 1: 2020 US Census Population - City of Santa Ana and Impacted Tract (752.01)..................5 Table 2: 2020 US Census Housing Units - City of Santa Ana and Impacted Tract (752.01)............5 Table 3: Affected Residential Dwellings.................................................................................................... 6 Table 4: Availability and Cost of Replacement Rental Housing (Conventional) ................................. 9 Table 5: Availability and Cost of Single -Family Residences for Sale..................................................io Table 6: Schedule of Fixed Moving Payments....................................................................................... 14 Table 7: Computation of Rental Assistance Payments.........................................................................15 List of Fiaures Figure 1: Regional Project Location..............................................................................2 Figure 2: Project Site Location.......................................................................................................................4 List of Exhibits Exhibit A: Residential Interview Form Exhibit B: HCD Income Limits - Orange County Exhibit C: Homes for Sale and Rent Listings Exhibit D: Residential Informational Brochure Exhibit E: Public Comments and Response City Council iii 39 - 8 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Introduction The City of Santa Ana (City) proposed the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project), a street improvement project located in the northwestern portion of Santa Ana, from 9t" Street to 16t" Street, in the City of Santa Ana, in Orange County, California. The Project safety improvement will require the full acquisition of one (1) property and partial acquisition of two (2) properties resulting in the permanent displacement of one (1) residential duplex with 2 units. Funding for the Project comes from a combination of federal funds, OCTA Measure M2 Funds and local funds. The City has retained Monument Inc. to prepare the Relocation Plan (Plan) in connection with the commencement of the right of way acquisition and relocation activities. Monument Inc., an experienced acquisition and relocation firm, has been selected to prepare this Relocation Plan, and will provide all subsequently required relocation assistance in association with any permanently displaced households occupants. In compliance with statutory requirements, the Relocation Plan has been prepared to evaluate the present circumstances and replacement housing requirements of Project tenants. This Relocation Plan conforms with Federal law, 42 U.S.C. 4601 et seq., Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and implements regulations found in 49 CFR Part 24, and applicable state laws and regulations found in the California Government Code Section 7260, et seq. and the California Code of Regulations, Title 25, Division 1, Chapter 6, Subchapter 1 (Guidelines); and the City's adopted right-of-way policies and procedures. The Plan is organized in five sections: 1. The regional and specific location of the Project (SECTION 1); 2. An assessment of the relocation needs of those persons subject to displacement as a result of the Project (SECTION 11); 3. An assessment of available residential replacement sites within the Santa Ana and surrounding areas (SECTION III); 4. A review of the relocation assistance program to be offered to the displaced residential occupants (SECTION IV); and 5. Necessary administrative provisions (SECTION V). City Council 1 j39 — 9 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Project Area Description A. Regional Location The Project is located in the City of Santa Ana within Orange County. Santa Ana is located approximately 30 miles southeast of the City of Los Angeles and is travelled by Intestate 5 (1-5) and easily accessible by State Routes 22 and 55. Adjacent communities include Tustin, Orange, Anaheim, Westminster, Fountain Valley, Costa Mesa and Irvine. (See Figure 1: Regional Project Location) aT Anaheim � � olive ..,--; Oak© you Nature Center Santiago Oaks iture City 4 F��) SOUTHEAST Regional Park Disneyland Park' ANAHEIM Villa Park lesale SOUTHWEST Q t' Stanton ANAHEIM �, PLATINUM' y Orange �\ TRIANGLE ss - Park Acres. Irvine 39 57' fi Regional Pk ANAHEIM RESORT Orange ` El Modena ss lart Garden Grove Garden Grove `Discovery Cubs a az Orange Count\ zz North Tustin Westminster 'North Fairview Street A Project ftp,,,,,, © I� r R"'� u' Santa Ana Q Santa Ana Zoo Midway City ti.IL_s r Tustin Citrus QCostco Wholesale IYONSTRELr Ranch Park v WASHINGTON ' LOV/ERPC tI RS - .CANYON GOLoENWESI - Mlle Square Regional Park ze, NoR(>IwOOR Fountain Super King Markets ss WALNUT untington Valley ® SOUTHcOAST Central SOUTH COAST TUSTIN METRO It CAMINO 55 •' REAL w0008OR` _John ,Wayne Figure 1: Regional Project Location City Council 2 39 — 10 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan B. Project Site Location and Description The Project site is on Fairview Street between 91" Street and 16t" Street. (See Figure 2: Project Site Location) The Project Site is located approximately 1.5 miles south of State Route 22 (SR-22), 2.5 miles west of Interstate 5 (1-5) and 4.8 miles north of Interstate 405 (1- 405). Santa Ana is the County Seat and is the second largest city in Orange County and eleventh largest in California.' The Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project (Project) consists of a north/south major arterial located in the northwestern portion of the City. South of 9th Street, Fairview Street provides three lanes in each direction that are reduced to two lanes in each direction north of 9th Street, across the existing four -lane bridge, to 16th Street. The Fairview Street segment between 9th Street and 16th Street is the only constraint for Fairview Street to be built out to its planned width of six lanes. This condition causes a traffic "bottleneck" during peak hours. Additionally, the project will provide adequate line of sight (safe viewing distance) for vehicles turning onto Fairview Street from 9th Street. View obstructions taller than 2.5 ft (such as a property wall) would be removed to maintain line of sight. Lastly, there are no sidewalks, bikeways, or lighting on the existing bridge. Pedestrians and bicyclists currently use the roadway shoulder to cross the bridge. The proposed Project includes replacing the Fairview Street bridge over the Santa Ana River and widening Fairview Street between 9th Street and 16th Street. The proposed Project would widen Fairview Street from two lanes in each direction to three lanes in each direction in Santa Ana. The Fairview Street bridge would be replaced with a new six -lane bridge (three lanes in each direction), including a complete bridge deck with barrier rails, sidewalks, bicycle lanes, a raised landscaped median, and lighting. The proposed bridge would be expanded from approximately 52 feet (ft) to 100 ft in width and would have the same roadway profile as the existing bridge. The eight pier walls that support the existing bridge would be removed, and four new pier walls would be constructed to support the new bridge. ' City of Santa Ana website: https://www.Santa-ana.org/library/services/facts-and-figures, accessed January 21, zozz. City Council 3 I39 — 11 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan San 1 ropez Heel Ave Ma, M—ingside Are ne © ne _ fi f � 0 Santa Ana Rive miles mark n Figure 2: Project Site Location c r W 15th St St Menday Ln 5 c Y 2 W Ma142 LR W 12th st W llth st W lath St Elemer r'CL _ W 9th St City Council 4 j39 — 12 4/5/2022 monument Fairview Bridge Replacement and Street Improvements: Relocation Plan L;. General Demographic and Housing Characteristics According to the 2020 U.S. Census, the population of the City of Santa Ana was 310,227, and the population of the impacted Census Tract is 5,594 (see Table 1 below). Corresponding Census data concerning the housing mix is shown in Table 2, below. Table 1: 2020 US Census Population - City of Santa Ana and Impacted Tract (752.01) Populationmber of - Persons Total population 5,594 100.0% 310,227 100.0% White alone 579 10.3% 57,376 18.5% Black or African American alone 43 0.8% 3,343 1.1 % American Indian or Alaskan Native alone 199 3.6% 11,403 3.7% Asian alone 425 7.6% 38,004 12.3% Native Hawaiian and Other Pacific Islander alone 0 0% 828 0.2% Some other Race alone 3,304 59% 139,920 45.1 % Two or More Races 1,044 18.7% 59,353 19.1 % Hispanic or Latino of Any Race 5,001 89.4% 238,022 76.7% U.S. Census Bureau provides additional descriptive aooulation data where oersons are identified as either "Hispanic or Latino' or "Not Hispanic or Latino." The sum of these two categories will equal the total population of a data set. Table 2: 2020 US Census Housing Units - City of Santa Ana and Impacted Tract (752.01) Total occupied units 1,102 98.9% 1 76,622 1 96.7% Vacant Housing Units 12 1.1 % 2,559 3.2% Source: U.S. Census Bureau, accessed January 23, 2022. City Council 4 '39 - 13 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan II. Assessment of Relocation Needs A. Survey Methods The information necessary for the preparation of this Plan was obtained from personal interviews with Project residents. Interviewers were successful in obtaining survey information from each of the identified households within the project area. Detailed in -person interviews were conducted with affected residential occupants to gather necessary information, including information such as household size and composition, income, monthly rent obligation, length and type of occupancy, language, disabilities/health problems, and replacement housing preferences. In -person interviews are an important factor in the planning and relocation of displacees. In the early planning process, careful attention is paid to the physical needs of individuals with disabilities, and elderly displacees to make sure that these individuals receive appropriate care and housing. The descriptive data in this Plan concerning the residents is based on in -person interviews and field observations. Samples of the residential interview form used in the interview process is attached as Exhibit A of this report. Field Survey Data - Residential The Project will impact 1 residential duplex (Duplex) dwelling with 4 residential households. Survey information was obtained from all 4 occupied residential households (100%). The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants. Table 3 below shows current housing in the Project area including bedroom size. Table 3: Affected Residential Dwellings PropertyNo. Occupanc Address Type Use Bedrooms Occupants y Type 1 2507 W. 9t" Residential Duplex 3 2 Owner Santa Street Ana 2 2507 W. 9t" Residential Room Room 2 Tenant Santa Street (room) to rent Ana 3 2507 W. 9t" Residential Garage 2 rooms 3 Tenant Santa Street (garage) to rent Ana 4 2509 W. 9t" Residential Duplex 3 2 Tenant Santa Street Ana City Council 6 j39 — 14 4/5/2022 monument Fairview Bridge Replacement and Street Improvements: Relocation Plan 1. Housing Mix As shown in Table 3 above, the Project area includes 4 households occupying 1 residential building (duplex), with one dwelling unit occupied by one household, another dwelling unit occupied by two households and one converted garage occupied by one household. 3 of the affected households are tenant -occupied and 1 is owner -occupied. Occupancy information will assist in determining the relocation needs and scope of assistance provided. No mobile homes will be affected by the Project. 2. uccupancy Standard. The standard for housing density adopted by the City allows two persons per bedroom and one person in a common living area. The City adheres to the state building code occupancy standard based on the square footage of dwellings for households larger than eight members. Referrals to replacement housing provided to occupants may reflect the need for larger accommodations to comply with the state and City of Santa Ana code requirements. Generally, these standards allow for up to three persons to occupy a one -bedroom unit, five persons in a two -bedroom unit, and seven persons in a three -bedroom unit. Any households with more than eight members would require a four -bedroom replacement unit based on the respective size of that unit, per the state building code. 3. Incom Information as to the household's income is gathered from residential interviews to determine individual relocation needs and the scope of financial relocation assistance that may be provided. Low-income households may experience challenges qualifying for the purchase or rent of replacement housing. Advance replacement housing payments may be needed to assist displacees in qualifying for loans or leases. Low-income households that choose to rent may be eligible for additional assistance. Based on information obtained from the residential interviews, we were unable to determine at this time if any households are identified as low-income households. According to the low-income standards for the Housing Authority of the County of Orange (Exhibit B), adjusted for family size as published by the State of California, Department of Housing and Community Development (HCD), the 2021 low income limits are defined as follows: Family Size 1 2 3 4 5 6 7 8 Low Income Limits 2021 $75,300 $86,050 $96,800 $107,550 $116,200 $124,800 $133,400 $142,000 Source: Department of Housing and Community Development (HCD) website, accessed January 24, 2022 4. Ethnicity/Language Per the 2019 U.S. Census American Community Survey One -Year Estimate, 80.2%2 of the population in the City of Santa Ana speaks a language besides English at home. Based on information obtained from the residential interviews of the 4 displaced households, Spanish Z United States Census Bureau web site, accessed January 24, 2022, https://data.census.gov/ City Council 7 39 — 15 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan is the primary language spoken at home. Language services are available to assist the requirements of all affected occupants. 5. Households with Seniors Per the 2019 U.S. Census American Community Survey One -Year Estimate, 14.5% of the total households consist of occupants 65 years of age or over. Specific care is taken to identify and address the needs of senior occupants who may require special accommodations. Based on information obtained from residential interviews, no households have occupants that are over the age of 65. 6 Households with Disabilities Per the 2019 U.S. Census American Community Survey One -Year Estimate, 7.5%3 of the civilian population consist of persons with a disability. Disabilities may include a variety of physical mobility impairments, including psychological and other physical health issues. Care is taken to meet the special needs of each household, particularly as these needs involve physical access to accommodations. Early identification of individual health issues would enable relocation staff to more effectively manage the relocation process. In all cases involving physical or mental impairments, additional services will be provided to ensure close individual case monitoring. Based on information obtained from the residential interviews, no households have occupants that have disabilities. 7. Preferred Relocation Areas The residential interviews identify specific replacement site needs and preferences and assist in planning replacement housing accordingly. In residential interviews, many residents tend to express a preference to remain in the community in order to maintain current school enrollment, access to employment, medical facilities, recreational resources, and public transportation. Based on information obtained from the residential interviews, the affected households have indicated a preference to remain in the local Santa Ana, Fountain Valley, and Garden Grove areas. 3 United States Census Bureau web site, accessed January 24, zozz, https://data.census.gov/ City Council 8 39 — 16 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan III. Relocation Resources i The Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the California Relocation Assistance Law provides that no eligible residential persons shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify whether sufficient comparable replacement housing resources exist for all potential residential displacees. The City is committed to making every effort to satisfactorily relocate all displaced occupants. A. Methodology To determine the availability of residential sites prior to the displacement of occupants from the Project area, resources were researched through the following sources: • Internet sources (MLS listings, Zillow, etc.); • Classified rental listings from local publications, and; • Contacts with real estate/property management companies serving the community. B. Replacement Housing Availability 1. Residential For -Sale and Rental Housing A housing resource survey was conducted to determine the availability of replacement housing within the City of Santa Ana sufficient to meet the needs of displaced rental tenants and homeowners. The replacement housing survey considered available rooms for rent, one-, and three - bedroom conventional housing for rent and three -bedroom conventional housing for sale. This data is summarized in Tables 4 and 5, below. The conventional housing survey, Table 4, identified 40 currently available, rooms for rent, one-, and three -bedroom conventional housing units for rent. The survey of available single-family residences for sale, Table 5, identified 22 currently available three -bedroom housing units for sale. The individual figures for number of units found by bedroom size are presented in the tables, as well as location and price range. Table 4: Availability and Cost of Replacement Rental Housing (Conventional) of PropertyNumber - . Number City(s) Price Range Bedrooms Available Lease Room for Duplex/SFR 9 Santa Ana $700-$1,550 rent One Apartment 17 Santa Ana, Garden $1,375-$2,875 Grove, Orange, Anaheim, Tustin, Irvine Three Duplex/Triplex/Townhome 14 Santa Ana, Garden $2,650-$5,500 Grove, Anaheim, Tustin, Irvine, Orange Source: Multiple Listing Service and Zillow, accessed January 25, 2022. City Council 9 j39 — 17 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan The rent ranges identified in the table above are among the figures used to make benefit and budget projections for this Plan. The variances in the rent range are a result of age, condition, size, and locational factors. Rates are subject to change according to the market rates prevailing at the time of displacement. Exhibit C provides a detailed list of available housing for rent and for sale. Table 5: Availability and Cost of Single -Family Residences for Sale Source: Multiple Listing Service, accessed January 25, 2022. 2. Summary Considering the availability of replacement housing, adequate replacement resources exist in the Project area for affected residential tenants and owner -occupants. Although adequate replacement resources exist, based on surveyed results of rental and purchase opportunities, and anticipated values of existing dwellings, occupants are anticipated to have increases in monthly rents and/or higher purchase costs. These possible increases, if any, would be met through the City's Relocation Assistance Program, including Last Resort Housing (LRH) requirements. C. Related Issues 1. Concurrent Residential Displacement There are no known public projects anticipated in the Project area that will cause significant displacements during the timeframe of anticipated Project displacements in spring/summer of 2022. No residential displacee will be required to move without both adequate notice and access to available, comparable, affordable, decent, safe and sanitary housing. 2. Temporary Relocation The Project is not anticipated to cause temporary displacements. Affected occupants will be permanently displaced. City Council 10 j39 — 18 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan IV. The Relocation Program The City of Santa Ana's (City) Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, maintain personal contact with all affected individuals, consistently applying all regulatory criteria to formulate eligibility and benefit determinations, and conform to all applicable requirements. The relocation program to be implemented by the City will conform with the standards and provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended, and the California Relocation Assistance Law, California Government Code §7260, et seq.; the Relocation Assistance and Real Property Acquisition Guidelines; California Code of Regulations, Title 25, Division 1, Chapter 6 (Guidelines); and the City's adopted right-of-way policies and procedures. The City has retained Monument Inc. (Monument) to administer the Relocation Program. Monument has an extensive resume of public works projects undertaken in other Orange County communities. Experienced City staff would monitor the performance of Monument and be responsible to approve or disapprove Monument's recommendations concerning eligibility and benefit determinations and interpretations of the City's policy. The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance. z_ Program Assurances, Standards and Objectives The City would provide the displaced residential occupants with the assistance, rights, and benefits required under federal and state relocation law and the City's policies and procedures. The relocation program would provide advisory and financial assistance. Every effort would be made to facilitate relocation arrangements and minimize hardship for displacees. The program objectives would be as follows: 1. To fully inform eligible Project displacees of the nature of, and procedures for, obtaining relocation assistance and benefits; 2. To determine the needs of each displacee eligible for assistance; 3. To provide continuously updated referrals to potential replacement sites within a reasonable time prior to displacement and assure that no occupant is required to move without a minimum of 90 days written notice to vacate; 4. To provide assistance that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances; 5. To supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 6. To assist each eligible occupant to complete applications for benefits; 7. To make relocation benefit payments in accordance with the appropriate guidelines; 8. To inform all persons subject to displacement of City policies with regard to eviction and property management; and City Council 1i j39 — 19 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan 9. To establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance. r3. Relocation Advisory Assistance Monument staff is available to assist the permanently displaced households with questions or concerns about relocation and/or assistance in relocating. Relocation staff can be reached at 200 Spectrum Center, Suite 300, Irvine, CA 92618 with office hours from 8:00 a.m. to 5:00 p.m., and can be contacted at (800) 577-0109. A comprehensive relocation program, with technical and advisory assistance, would be provided to assist all persons being displaced as a consequence of the Project. Personal contact would be maintained with all individuals until the relocation process has been completed. As discussed previously, Monument has been retained by the City to assist in the administration of its relocation program. Monument will work closely with City staff. City staff would provide final approvals, or otherwise, of all Monument's recommendations. Every reasonable effort would be made to ensure that the relocation of residents occurs with a minimum of delay and hardship. The following services will be provided: 1. A printed Informational Brochure (Exhibit D) will be provided in English or the displacee's language if subsequently be deemed necessary. Signed acknowledgements will be obtained to verify receipt of this material; 2. A database will be maintained of available residential units for sale and distribute replacement site referrals for the duration of the Project; 3. Assistance will be offered to displacees in connection with arrangements for the purchase of real property, if applicable, filing of claim forms to request relocation benefits from the City and to obtain services from other public agencies; 4. Special assistance in the form of referrals to governmental and non -governmental agencies will be made, if requested; 5. Eligible displacees will be assisted with the preparation and submission of relocation assistance claims; 6. Benefit determinations and payments will be made in accordance with applicable law and City policy; 7. Assure that displacees are not required to move without a minimum of 90 days written notice to vacate; 8. All persons subject to displacement will be informed of City policies with regard to eviction and property management; 9. A formal grievance procedure will be established and maintained for use by displaced persons seeking administrative review of City decisions with respect to relocation assistance; and City Council 12 j39 — 20 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan 10. Assistance will be provided that does not result in different or separate treatment due to race, color, religion, national origin, sex, marital status or other arbitrary circumstances. Relocation Benefits - Residential Specific eligibility requirements and benefit plans would be detailed on an individual basis with displacees. In the course of personal interviews and follow-up visits, households would be counseled as to available options with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of the federal and state relocation law and regulations. Benefits would be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City's normal administrative procedures. 1. Residential Moving Expense Payments All residential occupants that would be relocated would be eligible to receive a payment for moving expenses. Moving expense payments would be made based on the actual cost of a professional move or a fixed payment based on a room -count schedule. a. Actual Cost (Professional Move) The displacee may elect to retain the services of a licensed professional mover, in which case the City would pay for the actual cost of the moving services based on the lower of at least two acceptable bids (the City may, at its discretion, solicit competitive bids to determine the lowest reasonable move cost). After the move is complete, the displacee may pay the mover directly and seek reimbursement from the City, or request a direct payment from the City to the mover. In addition to the cost of the actual move, one-time expenses associated with utility reconnections (e.g., gas, water, electricity, telephone, cable) would be eligible for reimbursement. Transportation costs would be limited to a distance of 50 miles, unless otherwise authorized by the City. b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses that is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Section 1.a above. At a minimum, the fixed schedule payment for single occupancy efficiency units, furnished with the tenant's own personal property, is $780, which includes all utility connections at the replacement location. The current schedule for fixed moving payments is provided below in Table 6. City Council 13 j39 — 21 4/5/2022 &o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Table 6: Schedule of Fixed Moving Payments Source: URA Moving Cost Schedule (effective August 26, 2021). 2. Rental Assistance to Tenants/Owner-Occupants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant household must rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Additionally, to qualify for the rental assistance benefits, the tenant -occupant or the owner - occupant must demonstrate that (1) they lived in the property as legal residents for at least 90 consecutive days prior to the City's initial written offer to purchase the property; and (2) the property was their primary residence for that 90-day period. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under Federal and State provisions. Except in the case of Last Resort Housing situations (49 CFR 24.404), the potential payment to the household will be payable over a 42-month period and limited to a maximum of $7,200 as stated under Federal guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household. Rental/down payment assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: 1. The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or 2. The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: 1. The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement. Average monthly cost of utilities will be determined by actual statements/receipts over a 12 month period or a statement of average usage from the utility company, if provided. The most recent local utility schedule will be used to determine estimated utilities' costs, if actual costs are not City Council 14 j39 — 22 4/5/2022 monument Fairview Bridge Replacement and Street Improvements: Relocation Plan provided. For owner -occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or 2. Thirty percent (30%) of the displaced person's average monthly gross household income if the amount is classified as "low income" by US Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. HUD's Survey is shown as Exhibit B. If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or 3. The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 7 below illustrates the computation of a rental/down payment assistance payment amount. Table 7: Computation of Rental Assistance Payments 1. Old Rent $650 1 Old Rent, plus Utility Allowance OR 2. Ability to Pay $700 30% of the Gross Household Income" 3. Lesser of Lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent including Utility Allowance OR 5. Comparable Rent $775 Determined by the City; includes Utility Allowance 6. Lesser of Lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract Line 3 from Line 6 Rental Assistance $4,200 Multiply Line 7 by 42 Months 'Gross income means the total amount of annual income of a household less the following: (1) a deduction for each dependent in excess of three; (2) a deduction of 10% of total income for the elderly or disabled head of household; (3) a deduction for recurring extraordinary medical expenses defined for this purpose to mean medical expenses in excess of 3% of total income, where not compensated for, or covered by insurance or other sources; (4) a deduction of reasonable amounts paid for the care of children or sick or incapacitate family members when determined to be necessary to employment of head of household or spouse, except that the amount shall not exceed the amount of income received by the person who would not otherwise be able to seek employment in the absence of such care. 3. Down payment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit. A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the down payment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for City Council 15 39 — 23 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan the prompt return of the City funds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household's occupants and income. Federal laws and guidelines provide a basic entitlement of up to $31,000 to compensate the owner for 1) purchase price differential; 2) mortgage interest differential (if applicable); and, 3) incidental expenses. Price Difference Differential The Purchase Price Differential is based on three factors: Acquisition Price: The price paid by the City of Santa Ana for the Project dwelling; Actual Purchase Price: The actual price paid for a replacement dwelling, and; Comparable Replacement Cost: The cost of a decent, safe, and sanitary dwelling comparable to the dwelling acquired by the City of Santa Ana. The purchase price differential amount is determined by comparing the price of the acquired dwelling (including any proceeds obtained through condemnation) to the lesser of the actual cost paid for a replacement home versus the price of the comparable dwelling used to compute eligibility in the Notice of Eligibility (NOE) issued to the displaced owner. A. Mortgage Interest Differential The purpose of the Mortgage Interest Differential Payment is to compensate homeowners for increased costs between the acquired dwelling and the replacement dwelling. The payment for increased mortgage interest cost shall be the amount that would reduce the mortgage balance on a new mortgage to an amount that could be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as part of incidental costs. To be eligible for this payment, the mortgage on the dwelling being acquired must have been in place, as a valid lien, for at least 90 days prior to the City's initial written offer to purchase. c. Incidental Expenses — Closing Costs One-time, non -recurring closing costs associated with the purchase of a comparable, replacement dwelling are compensable. Examples of such compensable expenses include costs for: a property survey; preparation of a legal description and deed; recording fees; title insurance; revenue stamps and transfer taxes; loan application fees; loan origination fees; appraisal fees; a credit report; certification for structural soundness; and, termite inspection, when required. Prepaid recurring expenses for mortgage interest, property taxes and insurance are not compensable. The total Relocation Housing Payment (RHP) is the sum of the Purchase Price Differential, Mortgage Interest Differential, and compensable Incidental Expenses. City Council 16 j39 — 24 4/5/2022 lml�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan D. Last Resort Housing Based on data derived from the surveys and analyses of the occupants on the Project site and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required for some tenants. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person's average monthly income. Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of last resort. Due to the demonstrated number of available replacement housing resources, as shown earlier, the need to develop a replacement housing plan to produce sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($7,200); hence, satisfying the requirement that "comparable replacement housing" is available. The City will pay Last Resort Housing payments in two installments. Recipients of Last Resort rental assistance, who intend to purchase rather than re -rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitary dwelling. Determinations of Comparable Housing Relocation staff would evaluate the cost of comparable replacement housing in the preparation of each individual NOE issued to residential displacees. For residential tenants and owner -occupants, the cost of comparable replacement housing would be determined primarily on a comparative basis of three, if possible, presently available, comparable dwellings. A Comparable Housing Analysis (CHA) Form would be prepared and placed in the file of each affected household. F. General Information Regarding the Payment of Relocation Benefits Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after: • For tenants, the date of displacement; or • For owners, the date of displacement or the date on which final payment for the acquisition of real property is made, whichever is later. The procedure for the preparation and filing of claims and the processing and delivery of payments would be as follows: 1. Claimant(s) would provide all necessary documentation to substantiate eligibility for assistance; City Council i7 j39 — 25 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan 2. Relocation staff would review all necessary documentation including, but not limited to, scopes -of -services, contractor bids, invoices, lease documents and escrow material before reaching a determination as to which expenses are eligible for compensation; 3. Required claim forms would be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation would be returned to relocation staff and submitted to the City; 4. The City would review and approve claims for payment, or request additional information; 5. The City would issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacees would be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; 7. Receipts of payment and all claim material would be maintained in the relocation case file. G. Immigration Status Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien's spouse, parent or child. In order to track and account for relocation assistance and benefit payments, relocation staff will be required to seek immigration status information from each displacee 18 years and older by having them self -certify as to their legal status. There is no legal presence requirement in order to be eligible for relocation assistance under the State Relocation Program. H. Relocation Tax Consequences In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and Taxation Code, or the Bank and Corporation Tax Law, Part 11 (commencing City Council 18 j39 — 26 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the City or Monument. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocation payments. 1. Title VI - the City's Non -Discrimination Policy Title VI of the Civil Rights Act of 1964 requires that no person in the United States, on the grounds of race, color or national origin be excluded from, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Presidential Executive Order 12898 addresses environmental justice in minority and low-income populations. Presidential Executive Order 13166 addresses services to those individuals with limited English proficiency. Any person who believes that they have been excluded from, denied the benefits of, or been subjected to discrimination may file a written complaint with the City. Federal and state law requires complaints be filed within one -hundred eighty (180) calendar days of the last alleged incident. To request additional information on the City's non-discrimination obligations or to file a Title VI Complaint please contact your Relocation Agent. Should language assistance be required, it will be provided at no cost. A Relocation Agent can arrange assistance for language assistance upon request. J. Fair Housing Laws Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968 set forth the policy of the United States to provide, within constitutional limitations, fair housing throughout the United States. These Acts and Executive Order 11063 make discriminatory practices in the purchase and rental of residential units illegal if based on race, color, religion, sex, or national origin. Whenever possible, minority persons shall be given reasonable opportunities to relocate to decent, safe, and sanitary housing, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require the City to provide a person a larger payment than what may already be necessary to enable a person to relocate to a comparable replacement dwelling. Please understand that this is a summary of the assistance that may be available to eligible displaced persons. No summary relocation law can anticipate every circumstance or question regarding the Relocation Program. It is important that each household works closely with a Relocation Agent to identify any special circumstances that need to be addressed when searching for replacement housing. No household should commit to renting or purchasing a replacement dwelling until the home has been inspected by a Relocation Agent. A Relocation Agent is available to assist in the relocation process and will explain each person's rights and help to obtain the relocation payments and other assistance for which they are eligible. City Council 19 j39 - 27 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan V. Administrative Provisions i A. Notices Each notice that the City is required to provide to a property owner or occupant shall be personally delivered or sent via certified or registered first-class mail, return receipt requested and documented in each case file. Each notice would be written in plain, understandable language. Persons who are unable to read and understand any notice would be provided with appropriate translation and counseling. Each notice would indicate the name and telephone number of a person who may be contacted for answers to questions or other help. There are three principal notices: 1. General Information Notice (GIN), 2. Notice of Relocation Eligibility (NOE), and 3. 90-Day Informational or Vacate Notice The GIN is intended to provide potential displacees with a general written description of the City's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN would be issued at the time the properties are being appraised. NOEs would be distributed to each residential displacee. The NOEs, both tenants and owner -occupants, contains a determination of eligibility for relocation assistance and a computation of maximum entitlement based on information provided by the affected household and the analyses of comparable replacement properties undertaken by relocation staff. NOEs would be issued promptly following the initiation of negotiation (ION) with property owners. No lawful occupant would be required to move without having received at least 90 days' advance written notice of the earliest date by which the move would be necessary. The 90- day vacate notice would either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant would receive a further notice indicating, at least 60 days in advance for residential tenants and 30 days in advance for owner -occupants and non-residential occupants, the specific date of the required move. The 90-day vacate notice would not be issued to any residential displacees before a comparable replacement dwelling has been made available. In addition to the three principal relocation notices previously identified, relocation staff would issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1. Are eligible for monetary benefits, 2. Have moved from the acquired property, and 3. Have not filed a claim for benefits. City Council 20 j39 — 28 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Reminder Notices would be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non -responsive displacees no later than within the last six months prior to the expiration date to file a claim for benefits. b. Privacy of Records All information obtained from displacees is considered confidential and would not be shared without the consent of the displacee or the City or as a requirement of a specific Public Records Request in accordance with federal and state law. Relocation staff would comply with federal regulations concerning the safeguarding of relocation files and their contents. C. Grievance Procedures A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable replacement housing referrals, or the City's property management practices must file an appeal form or any other written form of appeal with the City's Right -of -Way Project Manager or his/her designee (Hearing Officer). The Hearing Officer shall set a hearing date of no later than 30 days from receipt of the appeal. The person making the appeal shall have: 1. The right to present oral and/or written evidence in support of the appeal, 2. The right to seek legal counsel (hired at the appellant's sole expense), and 3. The right to seek judicial review once having exhausted all administrative appeal remedies. The Hearing Officer shall render a decision, in writing, within 30 days following the last day of the hearing. A copy of the decision would be mailed, via certified or registered mail, to the appellant and his/her authorized representative and copies would be filed in the relocation case file. The decision of the Hearing Officer shall be final, and the appellant shall be advised of the right to seek judicial review of the Hearing Officer's decision. D. Eviction Policy Eviction for cause must conform to applicable federal, state and local law. Any person, who occupies the real property and is in lawful occupancy on the date of the ION, is presumed to be entitled to relocation payments and other assistance, unless the City determines that: 1. The person received an eviction notice prior to the ION and as a result of that notice is later evicted, or 2. The person is evicted after the ION for serious or repeated violation of material term(s) of the lease or occupancy agreement, and 3. In either case, the eviction was not undertaken for the purpose of evading the obligation to make available the payments or other assistance to which a person may otherwise be entitled. City Council 21 j39 — 29 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan E- Citizen Participation The City conducted several public hearings for the Project on the following dates: June 16, 2020, August 12, 2021, and; July 24, 2021. As the process for implementing the Project advances, the City will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the occupants in the Project area, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of this Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 5. 30 days prior to its proposed adoption; F Projected Dates of Displacement The City has approved acquisition and relocation activities, which began in October 2021 and would be completed no later than the fall of 2022, with construction scheduled to begin in spring of 2023, and the Project is anticipated to be completed by summer of 2025. Estimated Relocation Costs The total budget estimated for relocation -related payments for this Project, including a 20% contingency, is as follows: Relocation: $ 400,000 Contingency at 20%: $ 80,000 Total: $ 480,000 The estimated relocation budget does not include any payments related to property acquisition, improvements pertaining to realty, or loss of business goodwill. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is to be implemented, and circumstances arise that change the number of residential occupants or the nature of their activity, the City would authorize any additional, compensable funds that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds necessary for LRH as indicated in Section MD, of this Plan to meet its obligation under the relocation regulation. City Council 22 j39 — 30 4/5/2022 m�o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit A Residential Interview Form m Residential Relocation Interview City of Santa Ana • Fairview Bridge Replacement and Street CGen(fPraiact Caw ID Improvemets (9th n Street to 1 fit St Site Address: Total occupants Interview fiat*. L1noCCupied City, 51, ZIP: Inf:rviewor No Contact INDIVIDUAL OCCUPANTS use additional pages as needed 1 Name Gender F M Employ WSehapl Relnhonshipoistl� HEADOFNIDUSENDLQ ❑IDvenbed Inc" trice p i sl 21 IncomEJemd descnphon eirefstartdele MoInc iuu, LeMkil presence prat 3) Date of birth Phonelfaalemad Ma e-in two Notaslspec+el needs 2 Neirie Gender F M ErnployedSchool Rol abonship {list 1) ❑ ID venfied Intone sme Ilrst 21 IncornetarV dn=pton Welstart date Mp Income Lawul presence pest 3) Dmeat Girth Phonelfax a%ai Atovearr dale Pioteslspnc ai needs 3 Name Gender F M EnVoyedSchool Retahonship{ all) ❑ Ovenfied Incomesroe{Iat2) Irxonrelerno de=oon tirWstWMe MoIncame Lawful presence prsl 3) pate of birth PhoneOviem9l MDve4n date tWieslspeclak needs it Name Gender r M EnQipyedkhoot Relebonshrp pint 1) Q to venfied Income sr;* ¢isl 2) u,corrAwertryl descnptot 4relstad data Nb Income LoNful presence t list 3) Fete of birth PhofioltaXlamml Move+n dale Nolesrspeelal needs 5 Afame Gerder F M EmpioywSclWol Raletionshipthat1) IJ0venfiied Inrornerime prst2] Incomelempl descnptan lvmistendste W!ncxne Lawful presence pisl 3) Qets of birth Phoiwaxlemerl Aiwa -in d*e Noleslspa^lal needs & Neme Gender F M Employer;Ukd Relstonship01raI1 ❑ Dverified InsornesmeQist2j ftorrie/empl description Iireisw(faie MoInc orme Lawfu, presence pis( 3) pole of txrth p honarla, lemm I Move; n dole City Council 39 — 31 4/5/2022 tdote&ySpec 6 Pat& m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan DMLUNG YAWIng Addre": City. sL ZIP Carbon Copy Address: city. 5t. ZIP' (Dwelling Type (Iisi4). aecirooras Athr)UtPuby6bxa9e Approx SQFt Kitchen Basemen) Bathmorns Lmnglfamily room& Gaage Garage spares Diningrmom OthedExtra CO-Wspwtri DawofFice Total physical and Parking Spaces Total toms: canYntreemsto mow; Numbwafcws Coed ECOW ❑WaillYYlndow ❑Hed Pump ❑7Evap iSnemp Hare kiting OFAU EReffienl :7HMWatw DSpaceHtr ❑solar ❑HestPurnp +eking Condition: ❑ Good ❑ Fair 0 Poor ightorhood Condition ❑ Good ❑ Fair ❑ Poor renilies TENANT Rentlerms: ❑ Mondl•fdonlh ❑ Lea9e4mon4rsleft ❑ Rent reduced in exchange for service ❑ Unitturnished by tenant Monthly contract rent: $ Socunty deposit 5 Landlordfmanager narnOph: ❑ Wrdten rental agreement available? ❑ Rant receipts available? ❑ Reoeiving Bevan 8 or other housing assistance? Caseworker n arnelph. Monthly tenant portion of rent $ Annual farnitylchild care expenwsto allow work: $ Annual non-rsimhursed medical expenses; 5 Anauat non-roimb. handicapped assistance expenses S Utilities paid by tenant: Pets: ❑ Gas: S ❑ Bectic: 5 Energy source: GasEectr Cil ❑they I 0 Water: Cooking dove: ❑ ❑ ❑ ❑ Sewer: Water Heater: ❑ ❑ Q ❑ Trash: S Space Heat ❑ ❑ 0 ❑ NONE Air Conditioning. ❑ ❑ ❑ HOUSEHOLD ❑ Primary►esidence of all 000upantO (lfnot, explain in notes) ❑ Can someone readknderstand English? M not, language Rawrf thnrcily: ❑ American IndiardAlaskan ❑ As an © Ell acld*f Gan -American ❑ HawaiianlPacffic Islander ❑ HispaniclLatino ❑ While ❑ Other ❑ Mixed Subsuibe to ❑ Land phone ❑ TV service ❑ Internet ❑ Home -based business? (describe In notes) ❑ Rent rooms in dwelling? (describe in notes) ❑ On fixed income or public assistance (desaiba in 0owpants) ❑ Disabled occupants? (deaxibe modificatonedneedsin Occupants) Repiacementsks srxcjalneeds (mark and describe in "a) ❑ Employmentaocess ❑ Stropping ❑ Public transport ❑ Religious ❑ Medical fadtiteslservices ❑ 5ociallpublicserwces ❑ School needs ❑ Re:ative*thnic ❑ Cirrldcare ❑ Other sped at needs ❑ At ocmpantsio move to the same dwelling? (if not, explain in notes) Replacement dwellingpreferenoe El Rent ❑ %y Can relocate from: ❑ Neighborhood ❑ City ❑ County ❑ State Prate -red relocation areas HOMEOWNER Lbt size (sq 11): Dale purchased: Age (yrs) ❑ Own dear, no man vans ❑ Negative equi q of stories 1st Loan Infonrtatlon 2nd Loan Infarmabon Lender. Lender Loan Type (list 5) Loan Type {Iisl5]- Current % Rate Current % Rate. Prinapal6alanoe: $ Principal Balance: $ Original Date. Original Data. Remaining months: Remaining months: Monthly P&I payment Monthly Peg payment Pad space: 0 Rent ❑ Own Coady ❑ Rent ❑ Own Pad rent $ MakolModel. Coach length (R) Year: Coach urrd th (tt}. Deco I # City Council 39 — 32 4/5/2022 m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan INTERVIEW ROTES (explain all special drwllinplhousohold circumstances, Inch►ding those noted on prays 31 1 1. Ralaton- Spouse, Child, FoslsrChi'.d Paent Pager, Siding, AunyUncle, Ceusin_ Grandparent Parent In -Low. Sibling In-Lm, Other Relative. Roommerts 2. Ini❑mr: VMWUSda n. Social Sociirty0saWansion, Child SuppnrVkimony, INel1a*7ANF1AFO0, Family SubsidVIGdt. Business income, InterecMvid9nds, Unempl Morken5 Comp, AF pay, EITC, Ceeh Income. Rene Reduction, Otw j3. Lapel Shiluir Lkiknawn, QtzerlNatwal, LawU Other, NOT I-Awtul, Decline brinvide. 4. Owt&np- SFP Duplex. 3-Flex, 4-Pleb. Apatpent CorKWTownhorne. K3WVluf , Lloti Ie Hans. RV Otter 5. Loonr Fixed 1rScrWsae, Adjuslabre Nt ogeQe, tniaest Only. Fixed WLOC, AdusWe HELOC Ravoree l kxagam, Otter I Claimant Name: certify that all occupants have been ldentlfied above and that R11 #1formation Provided for this survey is true and complete to the best of my knowledge. 0 a:e Signature City Council 39 — 33 4/5/2022 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit B ur'^ 1--nme Limas - Orange County STATE OF CAI 1F0RNI4-BUSINESS_ CONSUMERSERVICFSAN❑ HOUSING AGENCY GAVIN—MOM Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2424 W. EI Carina Avenue, Suite 504 W. Sacramento, CA 95833 f� [916] 263-2911 / FAX (916)263.7453 www.hcd.ca.00v December 31, 2021 MEMORANDUM FOR: Interested parties FROM: Megan Kirkeby, Deputy Director Division of Housing Policy Development SUBJECT: Revised State Income Limits for 2021 Attached are briefing materials and Revised State Income Limits for 2021 that are now in effect, replacing the previous 2021 State Income Limits_ Income limits have been updated in response to Chapter 345, Statues of 2021 (Assembly Bill 1043) and reflect updated median income and household income levels foracutely low -, extremely low-, very low-, low-, and moderate -income households for California's 58 counties. The 2021 State Income Limits are on the Department of Housing and Community Development (HCD) website at http:l/www.hcd.ca.aov/grants- f ending/ income-limits/state-and-federal-income-limits. shtml. State Income Limits apply to designated programs, are used to determine applicant eligibility (based on the level of household income)and may be used to calculate affordable housing costs for applicable housing assistance programs. Use of State Income Limits are subject to a particular program's definition of income, family, family size, effective dates, and other factors. In addition, definitions applicable to income categories, criteria, and geographic areas sometimes differ depending on the funding source and program, resulting in some programs using other income limits. The attached briefing materials detail California's 2021 Income Limits and were updated based on: (1) changes to income limits the U.S. Department of Housing and Urban Development (HUD) released on April 1, 2021 for its Public Housing, Section 8, Section 202 and Section 811 programs and (2) adjustments HCD made based on State statutory provisions and its 2013 Hold Harmless (HH) Policy. Since 2013, HCD's HH Policy has held State Income Limits harmless from any decreases in household income limits and median income levels that HUD may apply to the Public Housing and Section 8 Income Limits. HUD determined its HH Policy was no longer necessary due to federal law changes in 2008 (Public Law 110-98) prohibiting rent decreases in federal or private activity bond funded projects. For questions concerning State Income Limits, please see the Questions and Answers on page 5. You can also contact HCD staff at (916) 263-2911, City Council 39 — 34 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Revised 2021 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 Overview The Department of Housing and Community Development (HCD), pursuant to Health & Safety Code Section 50093(c), must file updates to its State Income Limits with the Office of Administrative Law. HCD annually updates these income limits based on U.S. Department of Housing and Urban Development (HUD) revisions to the Public Housing and Section 8 Income Limits that HUD released on April 1, 2021. HUD annually updates its Public Housing and Section 8 Income Limits to reflect changes in median family income levels for different size households and income limits for extremely low-, very low-, and low-income households. HCD, pursuant to statutory provisions, makes the following additional revisions (1) if necessary, increase a county's area median income to equal California's non -metropolitan median income, (2) adjusts area median income and household income category levels to not result in any decrease for any year after 2009 pursuant to HCD's February 2013 Hold Harmless (HH) Policy. HCD's HH Policy was implemented to replace HUD's HH Policy, discontinued in 2009, to not decrease income limits and area median income levels below a prior year's highest level and, (3) determines income limits for California's moderate -income category. Following are brief summaries of technical methodologies used by HUD and HCD in updating income limits for different household income categories. For additional information, please referto HUD's briefing materials at httpsJ/www.huduser.gov/portal/datasetshl i121/IncomeLimitsMethodology- FY21.pdf. RUNJi►iM1T•TG76'. HUD Public Housing and Section 8 Income Limits begin with the production of median family incomes. HUD uses the Section 8 program's Fair Market Rent (FMR) area definitions in developing median incomes, which means developing median incomes for each metropolitan area, parts of some metropolitan areas, and each non -metropolitan county. The 2021 FMR area definitions for California are unchanged from last year. HUD calculates Income Limits for every FMRareawith adjustments for family size and for areas with unusually high or low family income or housing -cost -to -income relationships. Extremely Low-income In determining the extremely low-income limit, HUD uses the Federal Poverty Guidelines, published by the Department of Health and Human Services. The poverty guidelines are a simplified version of the federal poverty thresholds used for administrative purposes --for instance, determining financial eligibility for certain federal programs_ HUD compares the appropriate poverty guidelinewith 60% of the very low-income limit and chooses the greater of the two as the Extremely Low -Income limit. The value may not exceed the very low-income level. Very Low -Income The very low-income limits are the basis for all other income limits. The very low-income limit typically reflects 50 percent of median family income (MFI) and HUD's MFI figuregenerally equals two times HUD's 4-person very low-income limit. HUD may adjust the very low-income limit for an area or county to account for conditions that warrant special considerations. As such, the very low-income limit may not always equal 50% MFI. Low-income In general, most low-income limits represent the higher level of: (1) 80 percent of MFI or, (2) 80 percent of state non -metropolitan median family income. However, due to adjustments that HUD sometimes makes to the very low-income limit, strictly calculating low-income limits as 80 percent of MFI could produce unintended anomalies inconsistent with statutory intent (e.g. very low-income limits being Page2of 5 City Council 39 — 35 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Revised 2021 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 higher than low-income limits). Therefore, HUD's briefing materials specify that, with some exceptions, the low-income limit reflect 160 percent of the ve ry low- inco me limit. HUD may apply additional adjustments to areas with unusually high or low housing -costs -to -income relationships and for other reasons. This can result in low-income limits exceeding MFI in certain counties. Median Family IncomelArea Median Income HUD references and estimates the MFI in calculating the income limits. California law and State Income Limits reference Area Median Income (AMI) that, pursuant to Health & Safety Code 50093(c), means the MFI of a geographic area, estimated by HUD for its Section 8 Program. HUD's calculations of Income Limits begin with the production of MFI estimates. This year, MFI estimates use the 2018 American Community Survey. HUD then adjusts the survey data to account for anticipated income growth by applying the Consumer Price Index inflation forecast published by the Congressional Budget Office through the midpoint of FY 2021. HUD uses the MFI to calculate very low-income limits, used as the basis to calculate income limits for other income categories. MFI's are calculated at the family level only, not the per person level as is done for income limits. The average family size is over 3, so, by convention, HUD equates the median family income for an area with a four -person family for the purposes of calculating income limits. For additional information, please see HUD's methodology describing 2021 MFI's at https://www.huduser.gov/portal/datasets/iIli121/Medians-Methodology-FY21.pdf. A djus tmen f Calculations HUD may apply adjustments to areas with unusually high or low family income, uneven housing -cost -to - income relationship, or other reasons. For example, HUD applies an increase if the four -person very low-income limit would otherwise be less than the amount at which 35 percent of it equals 85 percent of the annualized two -bedroom Section 8 FMR (or 40th percentile rent in 501h percentile FMR areas). The purpose is to increase the income limit for areas where rental -housing costs are unusually high in relation to the median income. In certain cases, HUD also applies an adjustment to the income limits based on the state non - metropolitan median family income level. In addition, HUD restricts adjustments, so income limits do not increase more than five percent of the previous year's very low-income figure OR twice the increase in the national MFI, whichever is greater. For the 2021 income limits, the maximum increase is 5% from the previous year. This adjustment does not apply to the extremely low-income limits. Please refer to HUD briefing materials for additional information on the adjustment calculations. Income Limit Calculations for Household Sizes Other Than 4-Persons The income limit statute requires adjustments for family size. The legislative history and conference committee report indicates that Congress intended that income limits should be higher for larger families and lower for smaller families. The same family size adjustments apply to all income limits, except extremely low-income limits, which are set at the poverty income threshold. They are as follows: Number of Persons in Household: 1 2 3 4 5 6 7 8 Adjustments: 70% 80% 90% Base 108% 116% 124% 132% Income Limit Calculations for Household Sizes Greater Than 8-Persons For households of more than eight persons, refer to the formula at the end of the table for 2021 Income Limits. Due to the adjustments HUD can make to income limits in a given county, table data should be the only method used to determine program eligibility. Arithmetic calculations are applicable only when a City Council '-age 3ON- 36 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Revised 2021 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 household has more than eight members. Please refer to HUD's briefing material for additional information on family size adjustments. HCD Methodoloav State law (Health & Safety Code Section 50093, et. seq.) prescribes the methodology HCD uses to update the State Income Limits. HCD utilizes HUD's Public Housing and Section 8 Income Limits. HCD's methodology involves: (1) if necessary, increasing a county's median income established by HUD to equal California's non -metropolitan county median income determined by HUD, (2) applying HCD's HH Policy, in effect since 2013, to not allow decreases in area median income levels and household income category levels, (3) applying to the median income the same family size adjustments HUD applies to the income limits, and (4) determining income limit levels applicable to California's moderate -income households defined by law as household income not exceeding 120 percent of county area median income. Area Median Income andincome Category Levels HCD, pursuant to federal and State law, adjusts median income levels for all counties so they are not less than the non -metropolitan county median income established by HUD ($69,700 for 2021). Next, HCD applies its HH policy to ensure area median income and income limits for all household income categories do not fall below any level achieved in the prior year. Health and Safety Code section 50093 requires HCD to adjust the AMI for family size in accordance with adjustment factors adopted by HUD and illustrated on the previous page. This establishes that the MFI published by HUD equals the four - person AM I for California counties. A c u tely Io w-Income Levels Chapter 345, Statues of 2021 (Assembly Bill 1043) established California's acutely low-income levels. After calculating the 4-person area median income (AMI) level as previously described, HCD sets the maximum acutely low-income limit to equal 15 percent of the county's AM I, adjusted forfamily size. Moderate -income Levels HCD is responsible for establishing California's moderate -income limit levels. After calculating the 4- person area median income (AMI) level as previously described, HCD sets the maximum moderate - income limit to equal 120 percent of the county's AMI, adjusted for family size. Applicability of California's Official State Income Limits Applicability of the State Income Limits are subject to particular programs as program definitions of factors such as income, family, and household size vary. Some programs, such as Multifamily Tax Subsidy Projects (MTSPs), use different income limits. For MTSPs, separate income limits apply per provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Public Law 110-289). income limits for MTSPs are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under Section 42 of the Internal Revenue Code (Code). In addition, MTSP income limits apply to projects financed with tax-exempt housing bonds issued to provide qualified residential rental development under Section 142 of the Code. These income limits are available at http://www.huduser.or-qfdatasetslmtsp.htrnl. City Council 39 — 37 4/5/2022 Page 4of 5 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Revised 2021 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 Questions and Answers In Los Angeles, as well as several other counties in the state, why does the very low-income limit not equal 50%of the AMI (or the low-income limit not equal 80%of theAMI)? There are many exceptions to the arithmetic calculation of income limits. These include adjustments for high housing cost relative to income, the application of state nonmetropolitan income limits in low-income areas, and national maximums in high -income areas. In Los Angeles County, the magnitude of these adjustments results in the low-income limit exceeding theAM1. Th ese exceptions are detailed in the FY 2021 income Limits Methodology Document, https://www.huduser.gov/portal/datasets/iI.html#2021_data. For f urtherinformation on the exact adjustments made to an individual area of the country, please see HUD's FY 2021 Income Limits Documentation System. The documentation system is available at https:l/www.huduser.gov/portal/datasets/il.html#2021 query. Once the area in question is selected, a summary of the area's median income, Very Low -Income, Extremely Low -Income, and Low-income Limits are displayed. Detailed calculations are obtained by selecting the relevant links. Why don't the income limits for my area reflect recent gains? Although HUD uses the most recent data available concerning local area incomes, there is still a lag between when the data are collected and when the data are available for use. For example, FY 2021 Income Limits are calculated using 2014-2018 5-year American Community Survey (ACS) data, and one- year 2017 data where possible. This is atwo-year lag, so more current trends in median family income levels are not available. How does HUD calculate Median Family Income (MFI)? HUD estimates Median Family Income (MFI) annualiyfor each metropolitan area and non -metropolitan county. The basis for HUD's median family incomes is data from the Americans Community Survey, table B19113 - MEDIAN FAMILY INCOME IN THE PAST 12 MONTHS. A Consumer Price index (CPI) forecast as published by the Congressional Budget Office is used in the trend factor calculation to bring the 2018 ACS data forward to the middle of FY 2021. For additional details concerning the use of the ACS in HUD's calculations of MFI, please see our FY 2021 Median Family Income methodology document, at tK!p_§J/www. h u d user. qov/po rtal/d atasets/i 1. h tml#2021 data. Additionally, full documentation of all calculations for Median Family Incomes are available in the FY 2021 Median Family Income and the FY 2021 Income Limits Documentation System. These systems are available at https://www.huduser.gov/portal/datasets/i1.html#2021_cluery. Why didn't the income limits for mycountychange from last year? HCD's Hold Harmless Policy likely prevented the income limits from decreasing from last year's levels and has maintained them despite a decrease in median income and/or income limits published by HUD. Why do the income limits orarea median incomeformycounty not match what was published by HUD? H C D adjusts each county's area median income to at least equal the state non -metropolitan county median income, as published by HUD. Further, HCD's Hold Harmless Policy prevents any decrease in income limits or median family income published by HUD to be applied to State Income Limits. City Council 39 — 38 4/5/2022 Page 5 of 5 m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Section 6932. 2021 Income Limits Number of Persons in Household: 1 2 3 4 5 6 7 8 Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Alameda County Area Median Income: $125,600 Acutely Low 13200 15100 16950 18850 20350 21850 23350 24900 Extremely Low 28800 32900 37000 41100 44400 47700 51000 54300 Very Low Income 47950 54800 61650 68500 74000 79500 84950 90450 Low Income 76750 87700 98650 109600 118400 127150 135950 144700 Median Income 1 87900 1 100500 113050 1 125600 1 135650 1 1457001 1557501 165800 [Moderate income 1 1055001 1205501 135650 1 1507001 162750 1 1748001 1868501 198900 Alpine County Area Median Income: $94 900 Acutely Low 10000 11400 12850 14250 15400 16550 17650 18800 Extremely Low 18150 20750 23350 26500 31040 35580 40120 44660 Very Low Income 30250 34600 38900 43200 46700 50150 53600 57050 Low Income 46600 53250 59900 66550 71900 77200 82550 87850 Median Income 1 66450 1 75900 1 85400 1 94900 1 102500 1 1101001 1177001 125250 [Moderate income 1 79750 1 91100 1 102500 1 1139001 123000 1 1321001 1412SOI 150350 Amador County Area Median Income: $78 700 Acutely Low 8250 9450 10600 11800 12750 13700 14650 15600 Extremely Low 16550 18900 21960 26500 31040 3SS80 40120 44660 Very Low Income 27550 31500 35450 39350 42500 45650 48800 51950 Low Income 44100 50400 56700 62950 68000 73050 78100 83100 Median Income 55100 1 62950 1 70850 1 78700 1 85000 1 91300 1 97600 1 103900 [Moderate income 66100 1 75550 1 85000 1 94450 1 102000 1 1095501 117100 124650 Butte County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14850 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24750 28300 31850 35350 38200 41050 43850 46700 Low Income 39600 45250 50900 56550 61100 65600 70150 74650 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderatelncome 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 1052001 112000 Calaveras County Area Median Income: $81,700 Acutely Low 8600 9800 11050 12250 13250 14200 15200 16150 Extremely Low 17150 19600 22050 26500 31040 35580 40120 44660 Very Low Income 28600 32700 36800 40850 44150 47400 50700 53950 Low Income 45750 52300 58850 65350 70600 75850 81050 86300 Median Income 1 57200 65350 73550 81700 1 88250 1 94750 1 1013001 107850 Moderate Income 1 68650 78450 88250 98050 1 105900 1 1137SOI 1216001 129450 Colusa County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 93300 Moderatelncome 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 105200 1112000 Contra Costa County Area Median Income: $125,600 Acutely Low 13200 15100 16950 18850 20350 21850 23350 24900 Extremely Low 28800 32900 37000 41100 44400 47700 51000 54300 Very Low Income 47950 54800 61650 68500 74000 79500 84950 90450 Low Income 76750 87700 98650 109600 118400 127150 135950 144700 ra City Council 165800 Moderate Income 105500 120550 65 150700 162750 17480 198900 m onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household; 1 1 1 2 1 3 1 4 1 5 1 6 1 7 8 Del Norte County Area Median Income: $70.700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 91650 98450 105200 112000 EI Dorado County Area Median Income: $91,100 Acutely Low 9550 10900 12300 13650 14750 15850 16950 18000 Extremely Low 19050 21800 24500 27200 31040 35584 40120 44660 Very Low Income 31750 36250 40800 45300 48950 52550 56200 59800 Low Income 50750 58000 65250 72500 78300 84100 89900 95700 Median Income I 63750 1 72900 1 82000 91100 1 98400 1 1057001 112950 120250 Moderate Income 1 76500 1 87450 1 98350 1 1093001 118050 1 1268001 135550 144300 Fresno County Area Median Income: $70.700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income I 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 105200 1 112000 Glenn County Area Median Income: $70 700 Acutely Low 7400 8500 9554 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35584 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 105200 1 112000 Humboldt County Area Median Income: $72 000 Acutely Low 7550 8650 9700 10800 11650 12550 13400 14250 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 349SO 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 50400 57600 64800 72000 77750 83500 89300 95050 Moderate Income 60500 69100 77750 86400 93300 100200 10715Q 114050 Imperial County Area Median income: $70 700 Acutely Low 7400 8500 9554 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 105200 1 112000 Ingo County Area Median Income: $75.100 City COUnCII Acutely Low 7850 9000 10150 11250 12150 13050 13950 14850 Extremely Low 15800 18050 21960 26500 31040 35580 40120 44660 Very Low Income 26300 30050 33800 37550 40600 43600 46600 49600 Low Income 42100 48100 54100 60100 64950 69750 74550 79350 Q 99150 1 118950 Moderate Income 63050 72100 -iafWj 90100 1 97300 1 104 m onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household; I 'i 1 2 1 3 1 4 1 5 1 6 1 7 1$ Kern County Area Median Income: $70 700 Acuteiy Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 91650 98450 105200 112000 Kings County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73900 Median Income 1 49500 1 56550 I 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income I 59400 1 67900 1 76350 1 84850 I 91650 1 98450 1 105200 1 112000 Lake County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 3915Q 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 1 56550 63650 70700 1 76350 82000 1 87650 1 93300 Moderate Income 59400 1 67900 76350 84850 1 91650 98450 1 105200 1 112000 Lassen County Area Median Income: $72,200 Acutely Low 7600 8700 9750 10850 11700 12600 13450 14300 Extremely Low 15200 17420 21960 26500 31040 35580 40120 44660 Very Low Income 25300 28900 32500 36100 39000 41900 44800 47700 Low Income 40450 46200 52000 57750 62400 67000 71650 76250 Median Income I 50550 I 57750 I 65000 1 72200 1 78000 1 83750 1 89550 1 95300 Moderate Income 1 60650 1 69300 1 78000 1 86650 1 93600 1 100SO01 107450 1 114400 Los Angeles County Area Median Income: $80 000 Acutely Low 8400 9600 10800 12000 12950 13900 14900 15850 Extremely Low 24850 28400 31950 35450 38300 41150 44000 46800 Very Low Income 41400 47300 53200 59100 63850 68600 73300 78050 Low Income 6625Q 75700 85150 94600 102200 109750 117350 124900 Median Income 56000 64000 72000 80000 86400 92800 99200 105600 Moderate Income 67200 76800 86400 96000 103700 111350 119050 126700 Madera County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 8765Q 93300 Moderate Income 1 59400 1 67900 1 76350 1 84850 1 91650 1 99450 1 105200 1 112000 Maria County Area Median Income: $149,600 Acutely Low 15700 17950 20200 22450 24250 26050 27850 29650 Extremely Low 38400 43850 49350 54800 59200 63600 68000 72350 Very Low Income 63950 73100 82250 91350 98700 106000 113300 120600 Low Income 102.450 117100 131750 146350 158100 169800 181500 193200 0 I 197450 City Council rModerate Income 11256501 143600 391-5-A 11 1795001 193850 1 20826ff f2DRZOI236950 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Plumber of Persons in Household; 1 1 1 2 1 3 1 4 1 5 1 6 1 7 8 Mariposa County Area Median Income: $70.700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 91650 98450 105200 112000 Mendocino County Area Median Income: $70,700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 15200 17420 21960 26500 31040 35580 40120 44660 Very Low Income 25350 28950 32550 36150 39050 41950 44850 47750 Low Income 40500 46300 52100 57850 62500 67150 71750 76400 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income I 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 lOS2001 1120Q0 Merced County Area Median Income: $70,700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 93300 Moderate Income 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 1052001 112000 MCounty Area Medi Medlan Income: $70,700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35590 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 1 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income I 59400 1 67900 1 76350 1 84850 I 91650 1 98450 1 lOS2001 112000 Mono County Area Median Income: $81.200 Acutely Low 8550 9750 11000 12200 13200 14150 15150 16100 Extremely Low 17050 19500 21960 26500 31040 35580 40120 44660 Very Low Income 28450 32500 36550 40600 43850 47100 50350 53600 Low Income 45300 51800 58250 64700 69900 75100 80250 85450 Median Income 56850 64950 73100 81200 87700 1 94200 100700 107200 Moderate Income 68200 1 77950 87700 97450 1 105250 1 113050 1208501 128650 Monterey County Area Median income: $81,600 Acutely Low 8600 9800 11050 12250 13250 14200 15200 16150 Extremely Low 21350 24400 27450 30500 32950 35580 40120 44660 Very Low Income 35600 40700 45800 50850 549SO 59000 63100 67150 Low income 56950 65100 73250 81350 87900 94400 100900 107400 Median Income 57100 65300 73450 81600 1 88150 1 94650 1 101200 107740 Moderate Income 68550 78300 88100 97900 1 105750 1 113550 1 121400 129250 Napa County Area Median ian Income: $1 Acutely Low 11500 13100 14750 16400 17700 19000 20350 21650 Extremely Low 23900 27300 30700 34100 36850 39600 42300 45050 Very Low Income 39800 45500 51200 56850 61400 65950 70500 75050 Low Income 63050 72050 81050 90050 97300 104500 111700 118900 City COur1Cl Median Income 76450 1 87350 1 "3LO41 109200 1 117950 1 1266 2 0 144150 Moderate Income 1 91750 1 1048501 117950 1 1310501 141550 1 152000 1162500 1 173000 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Plumber of Persons in Household: I 1 1 2 1 3 1 4 1 5 1 6 1 7 8 Nevada County Area Median Income: $92 400 Acutely Low 9700 11100 12450 13850 14950 16050 17150 18300 Extremely Low 18900 21600 24300 26950 31040 35580 40120 44660 Very Low Income 31450 35950 40450 44900 48500 52100 55700 59300 Low Income 50300 57500 64700 71850 77600 83350 89100 94850 Median Income 64700 73900 83150 92400 99800 107200 114600 121950 Moderate Income 77650 88700 99800 110900 119750 128650 137500 146400 Orange County Area Median Income: $106,700 Acutely Low 11200 12800 14400 16000 17300 18550 19850 21100 Extremely Low 28250 32300 36350 40350 43600 46850 50050 53300 Very Law Income 47100 53800 60550 67250 72650 78050 83400 88800 Low Income 75300 86050 96800 107550 116200 124800 133400 142000 Median Income 1 74700 1 85350 1 96050 106700 1 115250 1 123750 1 132300 140850 Moderate Income 1 89650 1 1024SOI 115250 1 1280501 138300 1 1485501 158800 169050 Placer County Area Median Income: $91,100 Acutely Low 9550 10900 12300 13650 14750 15850 16950 18000 Extremely Low 19050 21800 24500 27200 31040 35580 40120 44660 Very Low Income 31750 36250 40800 45300 48950 52550 56200 59800 Low Income 50750 58000 65250 72500 78300 84100 89900 95700 Median Income 63750 72900 1 82000 91100 1 98400 1 105700 1 112950 1 120250 Moderate Income 76500 87450 1 98350 1 1093001 118050 1 126800 1 135550 1 144300 Plumas County Area Median Income: $73 100 Acutely Low 7650 8750 9850 10950 11850 12700 13600 14450 Extremely Low 15400 17600 21960 26500 31040 35580 40120 44660 Very Low Income 25600 29250 32900 36550 39500 42400 45350 48250 Low Income 40950 46800 52650 58500 63200 67900 72550 77250 Median Income 1 51150 1 58500 1 65800 1 73100 1 78950 1 84800 1 90650 1 96500 Moderate Income 1 61400 1 70150 1 78950 1 87700 1 94700 1 101750 1 108750 1 115750 Riverside County Area Median Income: $77.500 Acutely Low 8150 9300 10500 11650 12600 13500 14450 15400 Extremely Low 16600 19000 21960 26500 31040 35580 40120 44660 Very Low Income 27650 31600 35550 39500 42700 45850 49000 52150 Low Income 44250 50600 56900 63200 68300 73350 78400 83450 Median Income 54250 62000 69750 77500 83700 89900 96100 102300 Moderate Income 65100 74400 83700 93000 100450 107900 115300 122750 Sacramento County Area Median Income: $91 100 Acutely Low 9550 10900 12300 13650 14750 15850 16950 18000 Extremely Low 19050 21800 24500 27200 31040 35580 40120 44660 Very Low Income 31750 36250 40800 45300 48950 52550 56200 59800 Low Income 50750 58000 65250 72500 78300 84100 89900 95700 Median Income 63750 1 72900 1 82000 91100 1 98400 105700 1 112950 1 120250 Moderate Income 76500 1 87450 1 98350 1 1093001 118050 1 126800 1 135550 1 144300 San Benito County Area Median Income: $90.700 City Council Acutely Low 9500 10900 12250 13600 14700 15800 16850 17950 Extremely Low 21450 24500 27550 30600 33050 35580 40120 44660 Very Low Income 35700 40800 45900 51000 55100 S9200 63250 67350 Low Income 57150 65300 73450 81600 88150 94700 101200 107750 0 119700 1 143700 Moderate Income 76200 87100 95 108850 1 117550 1 1262 m onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household: 1 1 1 2 1 3 1 4 1 5 1 6 1 7 18 San Bernardino County Area Median Income: $77 500 Acutely Low 8150 9300 10500 11650 12600 13500 14450 15400 Extremely Low 16600 19000 21960 26500 31040 35580 40120 44660 Very Low Income 27650 31600 35550 39500 42700 45850 49000 52150 Low Income 44250 50600 56900 63200 68300 73350 78400 83450 Median Income 54250 62000 69750 77500 83700 89900 96100 102300 Moderate Income 65100 74400 83700 93000 100450 107900 115300 122750 San Diego County Area Median Income: $95,100 Acutely Low 10000 11400 12850 14250 15400 16550 17650 18800 Extremely Low 25450 29100 32750 36350 39300 42200 45100 48000 Very Low Income 42450 48500 54550 60600 65450 70300 75150 80000 Low Income 67900 77600 87300 97000 104800 112550 120300 1280SO Median Income I 66550 1 76100 1 85600 1 95100 1 102700 1 1103001 117900 125550 Moderate Income 1 79850 1 91300 1 102700 1 1141001 123250 1 132350 1 141500 150600 San Francisco County Area Median Income: $149,600 Acutely Low 15700 17950 20200 22450 24250 26050 27850 29650 Extremely Low 38400 43850 49350 54800 59200 63600 68000 72350 Very Low Income 63950 73100 82250 91350 98700 106000 113300 120600 Low Income 102450 117100 131750 146350 158100 169800 181500 193200 Median Income 1047001 1197001 134650 1 149600 1 161550 1 173550 I 18SSOOI 197450 Moderate Income 11256501 1436001 161550 1 1795001 193850 1 2082001 2226001 236950 San Joaquin County Area Median Income: $75,000 Acutely Low 7850 9000 10150 11250 12150 13050 13950 14850 Extremely Low 15750 18000 21960 26500 31040 35580 40120 44660 Very Low Income 26250 30000 33750 37500 40500 43500 46500 49500 Low Income 42000 48000 54000 60000 64800 69600 74400 79200 Median Income 1 52500 1 60000 1 67500 1 75000 1 81000 1 87000 1 93000 99000 Moderate Income 1 63000 1 72000 1 81000 1 90000 1 97200 1 1044001 111600 118800 San Luis Obispo County Area Median Income: $97.800 Acutely Low 10250 11700 13200 14650 15800 17000 18150 19350 Extremely Low 20550 23500 26450 29350 31700 35580 40120 44660 Very Low Income 34250 39150 44050 48900 52850 56750 60650 64550 Low Income 54800 62600 70450 78250 84550 90800 97050 103300 Median Income 68450 78250 88000 97800 105600 113450 121250 129100 Moderate Income 82150 93900 105600 117350 126750 136150 145500 154900 San Mateo County Area Median Income: $149,600 Acutely Low 15700 17950 20200 22450 24250 26050 27850 29650 Extremely Low 38400 43850 49350 54800 59200 63600 68000 72350 Very Low Income 63950 73100 82250 91350 98700 106000 113300 120600 Low Income 102450 117100 131750 146350 158100 169800 181500 193200 Median Income 11047001 1197001 134650 1 149600 1 161550 1 1735SOI 185500 197450 Moderate Income 1 1256501 1436001 161550 1 1795001 193850 1 2082001 2226001 236950 Santa Barbara County Area Median Income: $90.100 City Council Acutely Low 9450 10800 12150 13500 14600 15650 16750 17800 Extremely Low 26250 30000 33750 37450 40450 43450 46450 49450 Very Low Income 43750 50000 56250 62450 67450 72450 77450 82450 Low Income 70050 80050 90050 100050 108100 116100 124100 132100 Median Income 1 63050 1 72100 1 81100 90100 1 97300 1 1045001 1117 01 202Q50 118950 1 142700 IModerateincome 1 75650 1 86500 397-344 1081001 116750 1 125495 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household; I 1 1 2 1 3 1 4 5 6 1 7 8 Santa Clara County Area Median Income: $151,300 Acutely Low 15900 18150 20450 22700 24500 26350 28150 29950 Extremely Low 34800 39800 44750 49700 53700 57700 61650 65650 Very Low Income 58000 66300 74600 82850 89500 96150 102750 109400 Low Income 82450 94200 106000 117750 127200 136600 146050 155450 Median Income 105900 121050 136150 151300 163400 175500 187600 199700 Moderate Income 127100 145250 163400 181550 196050 210600 225100 239650 Santa Cruz County Area Median Income: $111,900 Acutely Low 11750 13450 15100 16800 18150 19500 20850 22200 Extremely Low 29200 33400 37550 41700 45050 48400 51750 55050 Very Low Income 48650 55600 62550 69500 75100 80650 86200 91750 Low Income 78050 89200 100350 111500 120450 129350 138300 147200 Median Income 1 78350 1 89500 1 100700 1 111900 1 120850 1 1298001 1387501 147700 Moderate Income 1 94000 1 1074SOI 120850 1 134300 1 145050 1 1558001 1665501 177300 ShoeCounty Area Median Income: $70.700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14950 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24850 28400 31950 35500 38350 41200 44050 46900 Low Income 39800 45450 51150 56800 61350 65900 70450 75000 Median Income 49500 56550 63650 70700 1 76350 82000 1 87650 1 93300 Moderate Income 59400 67900 76350 84850 1 91650 1 98450 1 1052001 112000 Sierra County Area Median Income: $84.800 Acutely Low 8900 10150 11450 12700 13700 14750 15750 16750 Extremely Low 17750 20300 22850 26500 31040 35580 40120 44660 Very Low Income 29600 33800 38050 42250 45650 49050 52400 55800 Low Income 47350 54100 60850 1 67600 73050 78450 83850 89250 Median Income I 59350 1 67850 1 763001 84800 1 91600 1 98350 1 1051SOI 111950 Moderate Income 1 71250 1 81400 1 91600 1 101750 1 109900 1 1180501 1261501 134300 Siskiyou County Area Median Income: $70,700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 91650 98450 105200 112000 Solana County Area Median income: $99 300 Acutely Low 10450 11900 13400 14900 16100 17300 18500 19650 Extremely Low 20450 23350 26250 29150 31500 35580 40120 44660 Very Low Income 34000 38850 43700 48550 52450 56350 60250 64100 Low Income 54350 62100 69850 77600 83850 90050 96250 102450 Median Income 69500 79450 1 89350 1 99300 1 107250 1 11S2001 1231501 131100 Moderate Income 83400 95300 I 107250 1 1191501 128700 1 1382001 1477SOI 157300 Sonoma County Area Median income: Acutely Low 10850 12400 13950 15500 16750 18000 19200 20450 Extremely Low 24450 27950 31450 34900 37700 40500 43300 46100 Very Low Income 40750 46550 52350 58150 62850 67500 72150 76800 Low Income 65150 74450 83750 93050 10050Q 107950 115400 122850 City COUnCII IMedian Income 1 72300 1 82650 13429EQr ij 103300 1 111550 1 119 00 136350 Moderate Income 1 86750 1 99150 1 111550 1 123950 1 133850 1 143800 1153700 163600 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household; 1 1 1 2 1 3 1 4 5 6 1 7 8 Stanislaus County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 15000 17420 21960 26500 31040 35580 40120 44660 Very Low Income 25000 28550 32100 35650 38550 41400 44250 47100 Low Income 39950 45650 51350 57050 61650 66200 70750 75350 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 91650 98450 105200 112000 Sutter County Area Median Income: $75,000 Acutely Low 7850 9000 10150 11250 12150 13050 13950 14850 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 52500 60000 67500 1 75000 1 81004 1 87000 1 93000 1 99000 Moderate Income 63000 72000 81000 1 90000 1 97200 1 1044001 1116001 118800 TeCounty Area Medi Median Income: $70.700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 1 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 I 84850 I 91650 98450 105200 112000 Trinity County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 1 49500 1 56550 I 63650 1 70700 1 76350 1 82000 1 87650 1 93300 Moderate Income 1 59400 1 67900 1 76350 1 84850 1 91650 1 98450 1 1052001 112000 Tulare County Area Median Income: $70 700 Acutely Low 7400 8500 9550 10600 11450 12300 13150 14000 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 49500 56550 63650 70700 76350 82000 87650 93300 Moderate Income 59400 67900 76350 84850 1 91650 98450 105200 112000 Tuolumne County Area Median income: $75.600 Acutely Low 7950 9100 10200 1 11350 12250 13150 14050 15000 Extremely Low 15650 17850 21960 26500 31040 35580 40120 44660 Very Low Income 26050 29800 33500 37200 40200 43200 46150 49150 Low Income 41650 47600 53550 59500 64300 69050 73800 78550 Median Income 52900 60500 68050 1 75600 81650 87700 1 93750 1 99800 Moderate Income 63500 72550 81650 1 90700 1 97950 1 1052001 1124501 119700 Ventura County Area Median income: $g tff CiOUnCI Acutely Low 10350 11850 13300 14800 16000 17150 18350 19550 Extremely Low 23700 27100 30500 33850 36600 39300 42000 44700 Very Low Income 39550 45200 50850 56450 61000 65500 70000 74550 50 119300 Median Income 69150 79050 890 98800 106700 114 00 130400 Moderate Income 83000 94850 106700 1185501 128050 1 137500 1147000 1 156500 m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Number of Persons in Household: 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 Yolo County Area Median Income: $92,500 Acutely Low 9750 11100 12500 13900 15000 16100 17250 18350 Extremely Low 19450 22200 25000 27750 31040 35580 40120 44660 Very Low Income 32400 37000 41650 46250 49950 53650 57350 61050 Low Income 51800 59200 66600 74000 79950 85850 91800 97700 Median Income 64750 74000 53250 92500 99900�128750 114700 122100 Moderate Income 77700 88800 99900 111000 11990 1 137650 146500 Yuba County Area Median Income: $75 000 Acutely Low 7850 9000 10150 11250 12150 13050 13950 14850 Extremely Low 14700 17420 21960 26500 31040 35580 40120 44660 Very Low Income 24500 28000 31500 34950 37750 40550 43350 46150 Low Income 39150 44750 50350 55900 60400 64850 69350 73800 Median Income 52500 50000 67500 75000 81000 87000 93000 99000 Moderate Income 1 63000 1 72000 1 81000 1 90000 1 97200 1 1044001 1116001 118800 Instructions: Eligibility Determination: Use household size income category figures in this chart. Determine eligibililty based on actual number of persons in household and total of gross income for all persons. Determination of Income Limit for Households Larger than Eight Persons: Per person (PP) adjustment above 8: (1 ) multiply 4-person income limit by eight percent (8%), (2) multiply result by number of persons in excess of eight, (3) add the amount to the 8-person income limit, and (4) round to the nearest $50. Nine Person Calculation - Example County Ten Person Calculation - Example County E X A M P L E 4 persons 8% PP Adj + 8 parson =9 persons Acutely Low 11,250 900 14,850 15,750 Extremely Low 26,500 2120 44,660 46,800 Very Low Income 34,950 2796 46,150 48,950 Lower income 55,900 44721 73,8001 78,250 Moderate Income 90,0001 72001 118,8001 126,000 4 persons 8 person + 8%a Adj x 2 =10 persons 11,250 14,860 1800 16,650 26,500 44,660 4240 48,900 34,950 46,150 5592 51,750 55,900 73,800 8944 82,750 90,000 118, 800 14400 133,200 Calculation of Housing Cost and Rent: Refer to Heath & Safety Code Sections 50052.5 and 50053. Use benchmark household size and multiply against applicable percentages defined in H&SC using Area Median Income identified in this chart. Determination of Household Size: For projects with no federal assistance, household size is set at number of bedrooms in unit plus one. For projects with federal assistance, household size may be set by multiplying 1.5 by the number of bedrooms in unit. HUD Income Limits release: 4/1/2021 HUD FY 2021 California median incomes: State median income: $90,100 Metropolitan county median income: $90,600 Non -metropolitan county median income: $69,700 Note: Authority cited: Section 50093, Health and Safety Code. Reference: Sections 50063.5, 50079.5, 50093, 50106 and 50106, Health and Safety Cade. City Council 39 — 47 4/5/2022 m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Duplex/SFRs for Sale in Santa Ana (10 Miles Radius) Address Bedrooms Listing Price Median Price 2143 Kilson Dr, Santa Ana 3 $674,900.00 847,450.00 2618 W Borchard Ave, Santa Ana 3 $710,000.00 417 5 Flower St # 1, Santa Ana 3 $7101000.00 303 N Mcclay St, Santa Ana 3 $7241900.00 1649 W Pine St, Santa Ana 3 $747,000.00 13336 Dunklee Ave, Garden Grove 3 $750,000.00 12042 Hackamore Rd, Garden Grove 3 $7751000.00 2605 S Raitt St., Santa Ana 3 $7991900.00 15101 Brighton St, Westminster 3 $7991900.00 1905 N Linwood Ave, Santa Ana 3 $822,000.00 12242 Ghoisser Rd, Garden Grove 3 $8451000.00 12381 Santa RasaIis St, Garden Grove 3 $8491900.00 10422 Stern Ave, Westminster 3 $8501000.00 1621 Bullard Ln, Santa Ana 3 $899,000.00 3102 Ramona Dr, Santa Ana 3 $925,000.00 13.531 Newland St, Westminster 3 $945,000.00 5510 Como Ave, Santa Ana Duplex $9.50,000.00 7772 22nd St, Westminster 3 $9.50,000.00 13151 Buckingham Cir, Westminster 3 $9851000.00 8915 Aberdeen Ln., Garden Grove 3 $998,000.00 2637 Jessee Dr, Santa Ana 3 $110491000.00 9151 Carl Ln, Garden Grove 3 $112501000.00 City Council 39 — 48 4/5/2022 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Dupl ex/SFRs for Fie nt i n Santa Ana (10 M iles Radius) Address Bedrooms Listing Price Median Price 1601 W Macarthur Blvd, Santa Ana Igoorn $700.0-0 $850.00 Carn i I i e and Hal I aday, Santa Ana Room $ 700.0-0 17 St, Santa Anal Room $825_00 South Newho pe Street, Santa Ana Room $850.0-0 South Parton Street, Santa Ana Room $850.0-0 Floral Park, Santa Ana Rooir $"950.0-0 Lawson Ways, Santa Ana Rooir $1,300.00 Sussex Place, Santa Ana Rooir $1,300.0.0 East Dyer Road, Santa Ana Rooir $1,550.00 Apartrnents/Duplexsfor Rent iIn Santa Ana (10 Miles Radius} Address Fled rooms List! ng Price Willian Price 1224 S Pac ifi c Ave #5, Santa Ana 1 $1,375.00 1206 EStaford 5t #G, Santa Ana 1 $1,450.00 1832. W Crestwood Ln, Apt 4, Anaheim 1 $1,525.00 11541 Stuart a r, Gard en Grove 1 $1,6()0.0.0 611 N Bristol St, Santa Anal 1 $1,695.0.0 450 E4th St APT 441, Santa Ana 1 $1,695.0.0 1313 W Niernory Ln, Santa Ana 1 $1,795.-0-0 1114 W Santa Ana Blvd APT 26, Santa A-ia 1 $1,895..0.0 1345 Cabrillo Park Dr APT K14, Santa kia 1 $1,975. 6 $1,975.00 15560Tusti n lfiIl,age Way, Tustin 1 $2,660_0-0 3400 S Mai n St, Sang Ana 1 $2,150.00 15492 Pasad ena Ave, Tust i n 1 $2,185.00 103 0 W FNacarth u r Blvd APT 10, Santa Ana 1 $2,200.0-0 610 S Van Ness Ave, Santa Ana 1 $2,200.06 3800 S Flower St, Santa Ana 1 $2,291.06 1912 S Jacarand a St, Anaheim 1 $2,718.00 3600 Asp en 1i I I -age Nay, Santa Ana 1 $2,875.001 DuplexsPriplexs/Townhoniesfor RenrtinSantaAnn [10 MilesRadiu4 Address Bedrooms Listing Price Median Price 2521 W Sunflower Ave, Santa Ana 3 $2,6 50.0-0 203 0 E Santa Clara Ave� 5, Santa Ana 3 $2,900.-0-0 1561 W Walnut Sll� 56, Santa Ana 3 $3,100..0.0 $3,567.5 132 71 Verde K #1, Gard err Grove 3 $3,200.00 3820 W Kent Ave, Santa Ana 3 $3,290_00 639 Spri ngb rook, I rvi ne 3 $3,300.00 14546 Newport Ave, Tustin 3 $3,350_00 23 Vsalia, Irvine 3 $3,785.00 1893 Union 5t, 4122, Anahei m 3 $3,885.00 1452 N Harbor Blvd, SantaAna 3 $4,150_0-0 12696 Homestead, Tusti n 3 $4,200_0-0 110 Unity St, Irvine 3 $4, 600.0-0 1 fne _ 5,690. E 4/5/2022 834 E Fai rway Dr, Grange 3 $5, 500.-06 m, o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit D Residential Informational Brochure m onument Displacing Agency City of Santa Ana Proiect Name: Relocation Assistance Informational Statement for Families and Individuals (Federal) 0 Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Displacing Agency Representative: Monument, Inc. 200 Spectrum Center, Suite 300 Irvine, CA 92618 Phone (800) 577-0109 Informational Statement Content: 1. General Information 2. Assistance in Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants & Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment — Homeowners 7. Qualification for And Filing Pir Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures — Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non -Discrimination and Fair Housing 15.Additional Information & Assistance Available Spanish speaking representatives are available. Si necesita esta information en espanol, par favor (lame a su representante. City Council 39 — 50 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan Informational Statement for Families and Individuals 1. GENERAL INFORMATION The dwelling in which you now live is in a project area to be improved by, or financed through, the City of Santa Ana (City) using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits, or it may take longer to pay you. We suggest you save this informational statement for reference. City of Santa Ana has retained the professional firm of Monument, Inc. (Monument) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number i5,listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Monument, Inc., so you will not jeopardize any benefits. This is a general informational brochure only and is not intended to give a detailed description of either the law or requlations pertaininq to the City of Santa Ana's relocation assistance proqram. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once The City of Santa Ana acquires the property, you will also be required to pay rent to the City. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The City, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result flf displacement by the City, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: A Fixed Moving Payment based on the number of rooms you occupy (see below); or A payment for your Actual Reasonable Moving and Related Expenses based on at least City Council 39 — 51 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan two written estimates and receipted bills; or 49 A combination of both (in some cases). For example, you may choose a Self -Move, receiving a payment based ❑n the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self Move) A Fixed Moving payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the City, and ranges, for example, from $780.00 for one furnished room to $2,690.00 for eight rooms. (For details see the table). Your relocation representative will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the City will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-up, credit check and other related moving fees. B. Actual Moving Expense (Commercial Move) Fixed Moving Schedule CALIFORNIA (Effective 2012 Occupant owns furniture: 1 room $780 2 rooms $1,000 3 rooms $1,250 4 rooms $1,475 5 rooms $1,790 6 rooms $2,065 7 rooms $2,380 8 rooms $2,690 Each additional room $285 Occupant does NOT own furniture: 1 room $510 Each additional room 100 If you wish to engage the services of a licensed commercial mover and have the City pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required and assist you in developing a "mover" scope of services for City's approval. 4. REPLACEMENT HOUSING PAYMENT — TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable replacement dwelling. In order ta. qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling at least 90 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent ❑r thirty percent (301/16) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- City Council 39 — 52 4/5/2022 m/o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan B. Down -payment Assistance. If you qualify and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down -payment and non -recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. S. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation representative will provide counseling and other advisory services along with moving benefits. 1-�:»JW_[r14u1Vk8:1011RIG14:7- '1L14►k=Ud]UZl:1*1 RJ4.[,1 A. If you own and occupy a dwelling to be purchased by the City for at least 90 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $31,000.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the City purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the City as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses - Those one-time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner -occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. OUALIFICATION FOR. AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: For a tenant, the date you move from the displacement dwelling. For an owner -occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of City Council 39 — 53 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Qtx fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the City of Santa Ana within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. S. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Qy, will provide Last Resort dousing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort dousing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down -payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the City's action to purchase the property where you live, you may become a tenant of the City of Santa Ana. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the City determines that; • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the City will be required to move without having been provided with at least 90 days written notice from the City of Santa Ana. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City's Relocation Assistance Program may have the appeal application reviewed by the City of Santa Ana in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. City Council 39 — 54 4/5/2022 m,onu ment Fairview Bridge Replacement and Street Improvements: Relocation Plan 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 19S4, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and dL9J4g= should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 2.30 disclosure • To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (0 avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In _order to be eligible to receive relocation benefits in federally funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a ritiagn or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the CiLy. to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the City's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti -discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the City of Santa Ana. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation representative at Monument. City Council 39 — 55 4/5/2022 m o n u m e nt Fairview Bridge Replacement and Street Improvements: Relocation Plan Exhibit E Public Comments and Response There were no written comments or questions received during the 32-day public review and comment period between Friday, February 11, 2022 and Monday, March 15, 2022. City Council 39 — 56 4/5/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE FAIRVIEW BRIDGE REPLACEMENT AND STREET IMPROVEMENTS (9TH STREET TO 16TH STREET) 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. Fairview Street is a major north -south transportation facility, which is designated as a major arterial highway in the City of Santa Ana's Circulation Element of the General Plan. Improving Fairview Street from 9th Street to 16th Street has been a long-term priority project to improve safety features at the bridge. B. Effective June 29, 2021, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for the Fairview Street Improvements (9th Street to 16th Street). C. The M2 CTFP Master Funding Agreement (No. C-1-2783), as amended, committed OCTA to contribute funding for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project. D. The Public Works Agency is acquiring property for sight distance clearance at 9th Street and Fairview Street, and expects to complete the right-of-way acquisition process by summer 2022. Construction is anticipated to begin in spring 2023. E. Pursuant to California Government Code section 7260 et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property that would lead to displacement of people from their homes. F. Section 6002 and 6038 of the California Code of Regulations, Title 25, Chapter 6, et seq., requires the adoption of a Relocation Plan due to the displacement of residential and business occupants. G. A relocation plan has been prepared in conformance with applicable provisions of the California Government Code section 7260 et seq., and the Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6, and has been made available for public review since February 11, 2022. Each potential Rasnlutinn Nn 2029-XXX City Council 39 — 57 P5?Ma displaced occupant was given written notification regarding the plan's availability and an opportunity to submit questions or comments. H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re-establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. I. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the City estimates relocation costs to be approximately $480,000. Section 2. The City Council hereby approves the Relocation Plan for the acquisition activities for the Fairview Bridge Replacement and Street Improvements (9th Street to 16th Street) Project. A copy of the plan will be available in the City's Public Works Agency. Section 3. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Initial Study/Mitigated Negative Declaration (SCH No. 2020049015) and related Mitigation Monitoring and Reporting Program, as approved by the City Council on June 16, 2020. Section 4, This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �� John M. Funk Sr. Assistant City Attorney Rasnlutinn Nn 2029-XXX City Council 39 — 58 PWA AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2022. Date: Clerk of the Council City of Santa Ana RPcnlutinn Nn 2029-XXX City Council 39 — 59 1031(ya Planning and Building Agency www.santa-ana.org/pb Item # 40 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Housing Opportunity Ordinance AGENDA TITLE: Reintroduction of Zoning Ordinance Amendment No. 2021-03 for First Adoption Reading - An Ordinance of the City Council of the City of Santa Ana Repealing and Reenacting in its Entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance RECOMMENDED ACTION Approve the first reading of an ordinance repealing and reenacting in its entirety Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code Regarding the Housing Opportunity Ordinance. DISCUSSION The City Council previously considered and conducted a first adoption reading of this Ordinance on November 16, 2021 by a vote of 4:2:1 (Ayes - Sarmiento, Hernandez, Lopez, Phan; Noes — Mendoza, Penaloza; Abstained - Bacerra). After being continued from the meetings of December 7, 2021, December 21, 2021, and January 18, 2022, the Ordinance did not receive the necessary majority vote of the members of the City Council on the second adoption reading conducted on February 15, 2022. The vote on the second reading of the Ordinance was recorded as 3:2:2 (Ayes - Sarmiento, Hernandez, Lopez; Noes — Mendoza, Penaloza; Abstained — Bacerra, Phan). Councilmember Phan participated and voted to adopt the first reading of the Ordinance but abstained on the second adoption reading because she was awaiting a response from the Fair Political Practices Commission (FPPC). The Commission was investigating a formal complaint filed in December of 2021 by a member of the public alleging her participation on the item violated the conflict of interest provisions of the Political Reform Act. On March 16, 2022, Councilmember Phan received a written communication from the Enforcement Division of the FPPC that the Office will not pursue the matter. Based on this new information, the Mayor directed for staff to place the Ordinance on the agenda for the City Council to conduct a public hearing reintroducing Zoning Ordinance Amendment No. 2021-03 (ZOA No. 2021-03) for a first adoption reading. City Council 40 — 1 4/5/2022 Housing Opportunity Ordinance April 5, 2022 Page 2 The final Ordinance presented to the City Council on February 15, 2022 is attached as Exhibit 1. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. It is recommended that the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project" as defined in Section 15378 of the CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a project, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Ordinance adopting Zoning Ordinance Amendment No. 2021-03 and Exhibit A Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 40 — 2 4/5/2022 ORDINANCE NO. NS- ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as "Article XVIII.I. — Housing Opportunity Ordinance" ("Housing Opportunity Ordinance") of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS- 2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 40 — 3 Ordir40C�_l()22-XXX Page 1 of 17 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee. H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance. I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. Section 3, Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows: ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE City Council 40 — 4 Ordir405�_lO22-XXX Page 2 of 17 Sec. 41-1900. Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Sec. 41-1901. Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three - bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. City Council 40 — 5 Ordir405�_l()M-xxx Page 3 of 17 Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or City Council 40 — 6 Ordir4OC�_lO22-XXX Page 4 of 17 The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units, including new construction and condominium conversions, which meets one or all of the following applicability thresholds: (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows: City Council 40 — 7 Ordir� C►&2022-xxx Page 5 of 17 (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on - site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has City Council 40 — 8 Ordir4 C&24022-xxx Page 6 of 17 obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse. (d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS- 2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference. Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. (1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum - total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. (2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. (3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of City Council 40 — 9 Ordir� C►&2022-XXX Page 7 of 17 the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units/Lots Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Local Skilled and Trained Workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in -lieu fee payment option. The implementation of this subsection shall be phased as follows: (A) Between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in -lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. However, this fee shall be reduced if the developer provides the City with an executed enforceable commitment to use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below: Use of Skilled and Trained Workforce Fee Per Square Foot of Habitable Area 30% of workforce utilizing 2 or more construction $10.00 trades 60% of workforce utilizing 3 or more construction $5.00 trades City Council 40 — 10 Ordir4OC�_lOM-xxx Page 8 of 17 A minimum of 20% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (B) Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in - lieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601; and that a minimum of 35 percent of the required skilled and trained workforce total work -hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below: Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area 60% of workforce $10.00 90% of workforce $5.00 minimum of 35% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in -lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. (4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council. Sec. 41-1904.1. Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed City Council 40 — 11 Ordir4O5�_l()22-XXX Page 9 of 17 and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. (1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for -sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent. Sec. 41-1905. Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. City Council 40 — 12 Ordir405�_l()22-xxx Page 10 of 17 (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. City Council 40 — 13 Ordir4 C&24022-xxx Page 11 of 17 (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). City Council 40 — 14 Ordir4 C&24022-xxx Page 12 of 17 (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. 1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. City Council 40 — 15 Ordir� C►&2022-xxx Page 13 of 17 2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. Reserved. Sec. 41-1908. Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and City Council 40 — 16 Ordir4OC�_lO22-XXX Page 14 of 17 procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided, a minimum of 35% of such labor for the project shall be performed in accordance with local hire policies approved by the City Council. Sec. 41-1910. Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration as needed. (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the City Council 40 — 17 Ordir� Cl&2022-XXX Page 15 of 17 inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. Reserved. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_% John M. Funk Sr. Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 40 — 18 ordir40C�_lO22-XXX Page 16 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana City Council 40 — 19 Ordir� Cl&2022-Xxx Page 17 of 17 EXHIBIT A 2021 List of Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19 pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference. Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 No. Project Address Project Name Number of HOO Compliance Requirements Dwelling Units 1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required under NS-2994 or payment of in -lieu of $5/sf 2. 301 N. Mountain View Street Mountain View 8 Provide inclusionary units as required by Townhomes NS-2994 or payment of in -lieu of $5/sf 3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in -lieu payment under a project Mutual Declaration 5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 6. 2800 N. Main Street/Specific MainPlace Mall 1,900 Provide inclusionary units as required by Plan No. 4 Transformation 1,900 NS-2994 or payment of in -lieu of $5/sf residential units 7. 419 N. Harbor Boulevard Fifth and Harbor 94 Provide inclusionary units as required by (previously 421 N. Harbor Mixed Use Apartments NS-2994 or payment of in -lieu of $5/sf Boulevard) 8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior to November 16, 2021, but did not trigger H00 provisions and have been identified herein for implementation clarity. Table 2. Entitled Projects Not Triggering HOO requirements No. Project Address Project Name Number of Dwelling Units HOO Compliance Requirements 1. 201 W. Third Street 3rd and Broadway 171 H00 provisions not applicable to project 2. 409 E. Fourth Street and 509 E. Fourth Street 4th and Mortimer 169 H00 provisions not applicable to project 3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project 4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project 5. 114 E. Fifth Street and 115 E. Fifth Street Rafferty (4t" + Main) 220 HOO provisions not applicable to project City Council 40 — 20 4/5/2022 Housing Authority santa-ana.org/cd Item # 2 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Extension of Memorandum of Agreement for Inter -Jurisdictional Mobility AGENDA TITLE: Extension of Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority RECOMMENDED ACTION Authorize the Executive Director of the Housing Authority to execute an extension of the Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 1, 2022 through April 30, 2027, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. DISCUSSION On June 6, 2017, the Santa Ana Housing Authority approved a Memorandum of Agreement (MOA) for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority and Garden Grove Housing Authority. On May 4, 2021, the Housing Authority approved a First Amendment to the MOA. This extension of the MOA combines the First Amendment and the original MOA. The only substantive revision is to extend the MOA by five years, from May 1, 2022 through April 30, 2027. For background, under the federal regulations for the Housing Choice Voucher Program, a family that has been issued a voucher by the Housing Authority of the City of Santa Ana (SAHA) has the right to use their voucher to lease a unit anywhere in the United States as long as the unit is located within the jurisdiction of a Public Housing Authority (PHA) administering a Housing Choice Voucher Program. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as "portability". Approximately 660 families are exercising their right to portability and reside outside of SAHA's jurisdiction. Their rental assistance is administered by the Garden Grove Housing Authority and Orange County Housing Authority, who bill SAHA each month for their vouchers. Under the federal regulations for the Housing Choice Voucher Program, SAHA does not have the authority to deny a family their right to portability. Specifically, SAHA does not have the right to deny a family to move out of our jurisdiction with their voucher or to ask another housing authority to absorb those families into their grams_ City Council 2-1 4/5/2022 Extension of Memorandum of Agreement for Inter -Jurisdictional Mobility April 5, 2022 Page 2 To maintain an efficient level of services for families who are moving between our housing authorities in Orange County, staff is seeking approval to extend the Memorandum of Agreement (MOA) currently in place with the Orange County Housing Authority (OCHA) and Anaheim Housing Authority (AHA). This MOA is intended to simplify, facilitate, and improve inter -jurisdictional administration of the Housing Choice Voucher Program in Orange County by eliminating often cumbersome procedures that would otherwise be necessary under portability requirements. Without this MOA, when a family requests to exercise their right to port -out to OCHA or AHA's jurisdiction, the process would take an additional 30-45 calendar days because the receiving PHA must collect new documentation and issue a new voucher to the family. Under this MOA, when a family exercises their right to port -out, SAHA only needs to request an inspection of the assisted - unit requested by the family from the PHA who has jurisdiction over the geographic location of the unit. Meanwhile, the family's housing assistance continues to be administered by SAHA. As its primary purpose, the MOA reduces the time it takes for families to move between housing authority jurisdictions in Orange County and allows SAHA, OCHA, and AHA to more efficiently administer our housing assistance. It is important to note that the extension of the agreement being recommended is officially between OCHA, AHA, SAHA and GGHA. However, GGHA is not willing to allow mobility between Santa Ana and Garden Grove. The MOA outlines the definitions and terms of the agreement. The MOA is contingent on approval by the Anaheim Housing Authority and Garden Grove Housing Authority. FISCAL IMPACT The MOA does not stipulate an aggregate amount not to exceed among the parties involved. The agreement only specifies the flat fees to be paid for inspections, re - inspections, and a maximum for the file sharing and storage system. The Housing Authority estimates the expenditures per this MOA may range from $35,000 to $50,000 annually. Funds will be allocated and budgeted in the Housing Authority's account nos. (14018760-various and 13918780-various) as necessary per fiscal year. EXHIBIT(S) 1. Memorandum of Agreement for Inter -Jurisdictional Mobility Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 2-2 4/5/2022 EXHIBIT 1 MEMORANDUM OF AGREEMENT INTER -JURISDICTIONAL MOBILITY Among ORANGE COUNTY HOUSING AUTHORITY Division of OC Housing & Community Development & Homeless Prevention And ANAHEIM HOUSING AUTHORITY And GARDEN GROVE HOUSING AUTHORITY And SANTA ANA HOUSING AUTHORITY This Memorandum of Agreement, hereinafter referred to as "MOA," entered into on execution date, is by and among the Public Housing Agencies (PHAs) of the Cities of Anaheim, Garden Grove, Santa Ana and the County of Orange, a political subdivision of the State of California, referred to as "PARTY," or collectively as "PARTIES." The Parties agree and understand that each Party is a legally authorized PHA by the State of California to operate within their respective cities and to foster inter -jurisdictional mobility in the administration of the Department of Housing and Urban Development (HUD) Housing Choice Voucher (HCV) Program. RECITALS WHEREAS, the Housing Choice Voucher (HCV) Program, established pursuant to the provisions of Section 8 of the U.S. Housing Act of 1937, as amended (42 CFR U.S.C. 1437 f) authorizes the payment of rental subsidies to a private owner of housing units on behalf of eligible families who enter into a lease agreement for an eligible unit. WHEREAS, the authority to enter into this MOA is contained in the following applicable federal regulations for the Housing Choice Voucher (HCV) Program 24 CFR Part 982. These regulations address Portability and related procedures and emphasize that PHAs must provide families with the broadest choice regarding the location of units, both within and outside their respective jurisdictions. WHEREAS, the PHAs entering into this MOA are public housing agencies located and duly authorized to operate in the State of California. WHEREAS, each PHA entering into this MOA has also entered into an Annual Contributions Contract (ACC) with HUD. Each PHA is also authorized to administer the Housing Choice Voucher (HCV) Program within its respective jurisdiction. WHEREAS, the four jurisdictions covered by the PHAs entering into this MOA are located within the geographic boundaries of the County of Orange. These PHAs desire to execute this MOA to promote mobility and freedom of choice for low-income families seeking housing assistance under the Housing Choice Voucher (HCV) Program. This MOA is also intended to simplify, facilitate and improve inter -jurisdictional administration of the Housing Choice Voucher (HCV) Program by eliminating often cumbersome procedures that would otherwise be necessary under Portability requirements. City Council Page 1 of 152 — 3 4/5/2022 EXHIBIT 1 NOW THEREFORE, the Parties mutually agree as follows: I. RECITALS The parties to this MOA hereby find and declare that the above Recitals are true and correct, and incorporated herein by this reference. II. DEFINITION OF TERMS Forthe purposes of this MOA, the following definitions shall apply: A. The term "Administrative Plan" is defined as the plan that describes PHA policies for the administration of the Housing Choice Voucher (HCV) Program. B. The term "Annual Contributions Contract" (ACC) shall mean a written agreement between HUD and a PHA to provide annual contributions for the purpose of providing Housing Assistance Payments (HAP) and other expenses pursuant to the Housing Choice Voucher (HCV) Program. C. The term "Host Jurisdiction" shall mean the jurisdiction of a PHA in Orange County where the Issuing PHA is not otherwise authorized to administer its Housing Choice Voucher Program, but to which an eligible family wishes to move and use a Voucher issued by the Issuing PHA. D. The term "Housing Quality Standards" (HQS) shall mean the minimum dwelling u n it standards required to protect the health and safety of tenants. E. The term "HUD Portability Procedures" shall mean the procedures required by federal regulations governing the use of Vouchers in a jurisdiction of another PHA in the absence of a voluntary MOA between or among these agencies. F. The term "Inspection" shall mean examination of a rental unit for compliance with HQS. G. The term "Issuing PHA" shall mean a PHA that issued a Voucher to a family participating in the Housing Choice Voucher (HCV) Program in Orange County, California that wishes to move to another PHA's jurisdiction within Orange County (Host PHA). H. The term "Jurisdiction" shall mean the geographical area in which a PHA has authority under state and local law to administer the Housing Choice Voucher (HCV) Program. The term "Mobility" is distinct from Portability and shall mean the movement of Housing Choice Voucher Holders among the four PHAs within the geographic boundaries of the County of Orange, California, the details of which are outlined in this MOA. The term "Portability" shall mean a Voucher recipient's right to move from one PHA's jurisdiction to another PHA's jurisdiction within the United States and associated territories. K. The term "Quality Control Inspection" shall mean any one of the random sample inspections performed by the Host PHA upon request by the Issuing PHA pursuant to Section I II(D)(3)(e) to ensure compliance with HUD HQS standards RIx �ouncil 2-4 4/5/2022 Housing e oucher (HCV) Program Interjurisdictional Administration Page 2 of 15 EXHIBIT 1 L. The term "Voucher(s)" shall mean a HUD Housing Choice Voucher. III. Inter -jurisdictional Program Administration A. With the exception of portability and mobility between the Santa Ana and Garden Grove housing authorities, the Parties hereby authorize each other to administer the Housing Choice Voucher (HCV) Program within the Host PHA's jurisdictional boundaries, subject to the terms of this MOA. B. The Parties shall cooperate with one another to the maximum extent possible including the sharing and exchanging of the information necessary for the effective implementation of this MOA. C. The P a rt i e s a g re e t h at t h e flat fees included in the Fee Schedule found in Attachment I, incorporated herein by reference, are reasonable for the performance of services required. D. Pursuant to this MOA, the Issuing PHA shall retain 100% of its administrative fees under the Housing Choice Voucher (HCV) Program. No administrative fee shall be owed to the Host PHA whenever a family leases a unit within the Host PHA's jurisdiction. IV. PHA Administrative Plans- Generally The Parties recognize that their respective Administrative Plans may not be identical in all respects and therefore, the Parties agree that, except as set forth in this MOA, the Administrative Plan of the Issuing PHA shall govern administration of a Voucher issued by that PHA, regardless of the PHA jurisdiction in which it is used. Exceptions to this g e n e r a I rule are found in the Sections describing Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards, Section V, Paragraphs B, C, and D, respectively, and found below. V. Rules Regarding Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards (HQS) A. General Provisions It is hereby agreed that whenever a Voucher issued by an Issuing PHA is to be used in another PHA's jurisdiction, the standards of the Host PHA's Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards will apply. Documentation completed by the Host PHA will verify that standards have been met and comply with HUD requirements. Failure of the host PHA to verify that the standards stated above have met and comply with HUD requirements may result in the Host PHA's termination from the MOA. If the Host PHA does not cure the breach within 30 days, the Host PHA will not be entitled to payment of inspection fees for the standards not met. Party in breach shall be liable for any claims arising from this breach. B. Payment Standards and Utility Allowances The PHAs entering into this MOA shall adopt Payment Standards and Utility Allowances in compliance with 24 CFR Parts 982.503 and 982.517 respectively. C. Rent Reasonableness Standards Sityr �ouncil 2-5 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 3 of 15 EXHIBIT 1 A Host PHA shall be required to provide a Rent Reasonableness Certification ("RRC") to the Issuing PHA at the time the HQS inspection request is returned. The Host PHA, in issuing such information, certifies that it has conducted a diligent analysis of prevailing rents in their jurisdiction. By accepting the RRC, the Issuing PHA is not responsible and shall not be held liable for any errors or omissions on the part of the Host PHA. The Host PHA agrees to assume any and all liability for any errors or omissions on the part of the Host PHA as it relates to this Section V, Paragraph C. D. Housing Quality Standards (HQS) Inspections PHAs entering into this MOA shall maintain HQS equal to or exceeding those required by HUD. 2. When the Host PHA uses standards that exceed or are more stringent than the minimum standards required by HUD, such standards shall apply for all housing inspections performed by the Host PHA pursuant to this MOA. The Host PHA is responsible for the completion of HQS inspection requests from an Issuing PHA. This includes: a. Initial Inspections In order to assist an eligible family expeditiously, upon receipt of the inspection request from an Issuing PHA, the Host PHA will complete the HQS inspection, including all related documentation, within fifteen (15) calendar days of the date that the Host PHA confirms with the owner that the unit is ready for inspection. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule. b. Annual Inspections Requests for an annual HQS inspection to the Host PHA will be completed within sixty (60) calendar days of the date the request was received. The Host PHA will be responsible for the scheduling and performance of an annual HQS inspection request. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Attachment I of this MOA entitled Fee Schedule. c. Special Inspections Upon receipt of a request from the Issuing PHA for a special HQS inspection to address non -life threatening matters the Host PHA will schedule and complete the special inspection within fifteen (15) calendar days of the date that the Host PHA has confirmed receipt of the request. For life -threatening emergencies, the PHAs will work together to inspect as quickly as feasible. The Issuing PHA may request that one of their staff be present at these special inspections. The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule. d. Suspected Fraud Inspections The Issuing PHA, after written notification to the Host PHA, will be permitted to conduct such inspections as deemed necessary in accordance with its own established policies and procedures. i)x �ouncil 2-6 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 4 of 15 EXHIBIT 1 e. Quality Control Inspections and Monitoring To ensure compliance with HUD HQS standards, each Issuing PHA will select a random sample of inspections performed and "passed" by the Host PHA within the previous sixty (60) days. The Issuing PHA will then submit a request to the Host PHA for performance of quality control inspection of the sample. The Host PHA will complete the monitoring no more than thirty (30) days from the date of the Issuing PHA's request. For assisted units in the Host PHA's jurisdiction, the quantity of quality control inspections to be performed by the Host PHA are as follows: • 5 inspections for 100 assisted units, plus 1 for each additional 25 units • 10 inspections for 200 assisted units, plus 1 for each additional 25 units 15 inspections for 300 assisted units 1 additional inspection for every additional 100 units above 300 The Host PHA will bill the Issuing PHA a fee for this service, as per the agreement detailed in Exhibit I of this MOA entitled Fee Schedule. f. Special Programs Inspections With the mutual consent of participating agencies, the provisions of this Mobility Agreement will also apply to specialized housing programs including, but not limited to Veterans Affairs Supportive Housing and Housing Opportunities for Persons with AIDS. g. The Host PHA shall indemnify, defend with counsel approved in writing by Issuing PHA, and hold Issuing PHA, its elected and appointed officials, officers, employees, agents and those special districts and agencies which Issuing PHA's governing body ("Indemnitees") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Host PHA pursuant to this Section V.D. If judgment is entered against Host PHA and Issuing PHA by a court of competent jurisdiction because of the concurrent active negligence of Issuing PHA or its Indemnitees, Host PHA and Issuing PHA agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. h. The Issuing PHA is not responsible and shall not be held liable for any errors or omissions on the part of the Host PHA. The Host PHA agrees to assume any and all liability for any errors or omissions on the part of the Host PHA as it relates to this Section V, Paragraph D. VI. Additional Terms for Administration of Protect Based Vouchers (PBV) for Housing Choice Voucher (HCV) Recipients and/or for Special Purpose Voucher (SPV) Recipients in the Host PHA's Jurisdiction A. The Parties, recognize there are different requirements for the PBV and SPV recipients in the host PHA's jurisdiction. Such differences shall be effectuated pursuant to Attachment II, incorporated herein by reference. VII. Exchange of Records and Documents A. In order to ensure timely transactions between the PHAs entering into this MOA, the PARTIES will utilize a mutually agreed upon file sharing and storage system CY it �ouncil 2 — 7 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 5 of 15 EXHIBIT 1 to electronically deliver relevant information and documentation required to carry out the operations outlined in this MOA. Delivery will occur between the PHAs entering into this Agreement not less than once per week, as necessary, and as agreed upon. More frequent delivery service may occur upon arrangement by all PHAs entering into this MOA. B. The cost of the aforementioned file sharing and storage system will not exceed $12,000/year. Each PARTY will host the system for one year in a rotating basis. On a yearly, rotating basis (effective January 1 of each year and ending December 31 of that year), the full cost of the system will be paid by the participating PHA next in rotation ("hosting PHA"). C. In the event that alternative technology or resources become available that is more cost- effective or efficient than the existing service in exchanging records and documents, the use of the existing service may be modified, through a written amendment by mutual agreement of the PHAs. Vill. Performance The PHAs entering into this MOA will retain sufficient resources to meet the anticipated workload that may be generated as a result of this MOA. Should an unanticipated event or emergency occur that has an impact upon the Host PHA's ability to complete an inspection within the performance criteria set forth in this MOA, the Host PHA will notify the Issuing PHA. The Issuing PHA will determine which of the following options is to be taken: (1) Performing the inspection themselves, or; (2) Extending the timeframe that the Host PHA has to complete the inspection, based upon a mutually agreeable period by each respective PHA. IX. Agreement Limitations This MOA is intended solely for the purpose of administering the Housing Choice Voucher (HCV) Program, and no other programs administered by the PHAs entering into this MOA. This MOA will not conflict with, nor prejudice, any federal regulations governing Portability procedures under the Housing Choice Voucher (HCV) Program as they relate to any other PHAs who are not a party to this MOA. X. Yearly Exchange of Files On an annual basis, the Parties have the option of exchanging the administration of an agreed -upon number of Vouchers administered by any other PHA/Party with the appropriate Issuing PHA. It is emphasized that this yearly exchange of files/assisted tenants is optional, and dependent upon a mutual agreement between the respective Parties. If agreed upon, such yearly exchanges will occur when mutually convenient and shall represent a one -for -one exchange where feasible. PHAs will also ensure the exchange of information is granted in a uniform and complete fashion, including, but not limited to, owner tax identification of any such files exchanged. The Parties agree to keep the exchanged files pursuant to HUD issued regulations and policy guidelines. XI. Termination of Participation A It is hereby agreed that a PHA may terminate its participation in this MOA with a ninety (90) calendar day written notice to all the Parties. The termination of participation in this MOA by any PHA shall not result in the termination of the MOA in its entirety. The MOA's term shall continue among the remaining Parties. C ltx �ouncil 2-8 4/5/2022 Housing e oucher (HCV) Program Interjurisdictional Administration Page 6 of 15 EXHIBIT 1 B. At the date of termination, the PHA will thereafter be subject to HUD Portability Procedures. The terminating PHA shall implement the HUD Portability Procedures for such Vouchers, and within a reasonable time, not to exceed ninety (90) calendar days after notification to the other PHAs of the intent to terminate participation. XII. Term of Agreement Unless terminated as specified in Section XI Paragraph A, this MOA is effective through April 30, 2027. NOW THEREFORE, as duly authorized, and in witness of the foregoing, the PHAs hereby execute this MOA. --- SIGNATURE PAGES FOLLOW -- iIx �ouncil 2-9 4/5/2022 Housing C e oucher (HCV) Program Interjurisdictional Administration Page 7 of 15 EXHIBIT 1 ORANGE COUNTY HOUSING AUTHORITY Julia Bidwell, Executive Director Approved as to Form: Office of the County Counsel Orange County, California Deputy Date Date C ltx �ouncil 2 — 10 4/5/2022 Housing e oucher (HCV) Program Interjurisdictional Administration Page 8 of 15 EXHIBIT 1 ANAHEIM HOUSING AUTHORITY , Director Date Approved as to Form: Assistant City Attorney ATTEST: in City Clerk Date cY i,tx �ouncil 2 — 11 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 9 of 15 EXHIBIT 1 GARDEN GROVE HOUSING AUTHORITY Approved as to Form: City Attorney , Director Date Date cY i,tx �ouncil 2 — 12 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 10 of 15 EXHIBIT 1 SANTA ANA HOUSING AUTHORITY Steven Mendoza , Director Approved as to Form: 01 ' — Ryan . c'e Ho Assistant Cite Attorney ATTEST: A, - Daisy Gomez City Clerk Date March 22, 2022 Date i)x �ouncil 2 — 13 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 11 of 15 EXHIBIT 1 ATTACHMENT I FEE SCHEDULE The fees set forth under this schedule regard specific activities covered under this Agreement. The following fees may be amended at any time by mutual agreement of all participating PHAs. Such agreement may be evidenced by the written concurrence of the Executive Directors of the PHAs entering into this Agreement. 1. The Host PHA shall be reimbursed the sum of one hundred and fifty dollars ($150.00) for each inspection requested by the Issuing PHA, including one (1) follow-up re - inspection, if needed. 2. In the event an additional re -inspection is required, the Host PHA shall be reimbursed the sum of seventy-five dollars ($75.00) for each such additional re -inspection requested by the Issuing PHA. 3. The Host PHA may be further reimbursed for any additional expenses as may be mutually agreed upon between PHAs for services requested by the Issuing PHA that may not be covered by these inspections. 4. Payment for the file sharing and storage system not exceed $12,000/year will be paid by the participating PHA next in rotation. Expenses for the services above will be billed to the Issuing PHA and shall be paid to the Host PHA within 45 days of the date billed. i)x �ouncil 2 — 14 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 12 of 15 EXHIBIT 1 ATTACHMENT II Additional Terms for Administration of Project Based Vouchers (PBV) for Housing Choice Voucher (HCV) Recipients and/or for Special Purpose Voucher (SPV) Recipients in the Host PHA's Jurisdiction: 1. Definition of Terms: "Agreement to enter into Housing Assistance Program contract (AHAP)": The Agreement is a written contract between the PHA and the owner in the form prescribed by HUD. The Agreement defines requirements for development of housing to be assisted. When development is completed by the owner in accordance with the Agreement, the PHA enters into a HAP contract with the owner. "Environmental review": The federally required review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related applicable federal laws and authorities in accordance with 24 CFR 58.5 and 58.6. "Family Unification Program (FUP)": FUP is a SPV program where vouchers are made available to families for whom the lack of adequate housing is a primary factor in the imminent placement of the family's child, or children, in out -of -home care, or in the delay of discharge of the child, or children, to the family from out -of -home care. FUP vouchers are also made available to youths ages 18 to 25 who left foster care at age 16 or older who lack adequate housing. The FUP is generally administered in partnership with the Social Services Agency (SSA). "Housing Assistance Program (HAP) Contract": The housing assistance payments contract between the PHA and the owner. "Non -Elderly Disabled (NED)": Non -Elderly Disabled is a SPV program that is designed to provide assisted housing to families whose head, spouse, or co-head is disabled and under 62 as of the date of signing the HAP contract. NED Category 2 vouchers are specifically for non -elderly people with disabilities transitioning from nursing homes or other health facilities into the community. "Responsible entity (RE)": The unit of general local government within which the project is located that exercises land use responsibility for purposes of determining to whom the required Environmental Review should be submitted. "Special Purpose Vouchers (SPV)": Special Purpose Vouchers are specifically provided for by Congress in line item appropriations which distinguish them from regular vouchers. Examples of SPV include but are not limited to Veteran Affairs Supportive Housing (VASH), Family Unification Program (FUP), Mainstream Vouchers, Non -Elderly Disabled, and Emergency Housing Vouchers (EHVs). "Veteran Affairs Supportive Housing (VASH)": VASH is a SPV program that combines HCV rental assistance for homeless veterans with case management and clinical services provided by the Department of Veterans Affairs at its medical centers and in the community. 2. Environmental Review and Subsidy Layering Review If the host City has funding or project -based vouchers in a project that triggers the need for an Environmental Review, the host City shall be responsible for the completion of an Environmental Review as outlined in 24 CFR part 50 and 58 for submission to the Responsible Entity(ies). The issuing PHA shall collaborate with and provide general guidance as necessary to the host City. The host City shall provide proof of submission, a copy of the Environmental Review and copy of the HUD form 7015.16 — Authority to Use Grant Funds, to the issuing PHA within 3 business days of its submission to the Responsible Entity(ies) and upon receipt of approval. cY i,tx �ouncil 2 — 15 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 13 of 15 EXHIBIT 1 If the host City does not have funding in a project, or if the host City's funding in a project does not trigger an Environmental Review, the completion of an Environmental review shall be done by the PHA whose funding triggered the Environmental Review requirement. In the event a subsidy layering review (SLR) is necessary in accordance with the requirements of the Housing and Economic Recovery Act of 2008 (HERA) or to satisfy the requirements of section 102 (d) of the Department of Housing and Urban Development Reform Act of 1989 (HUD Reform Act) and is performed by the Housing Credit Agency (HCA), the PHA with Project Based Vouchers in the project shall be responsible for the SLR requirements. If the host PHA has vouchers in the project, the review responsibility shall default to the host PHA. The issuing PHA shall collaborate with and provide general guidance as necessary to the host PHA. The host PHA, if responsible for the SLR, shall provide proof of SLR submission, along with a copy of the SLR, to issuing PHA within 3 business days of its submission to the Responsible Entity(ies). The allocation of responsibilities in the above paragraphs may be subordinate to a negotiated agreement made outside of this document. 3. AHAP/HAP Developer shall execute a separate AHAP as required, and HAP, for each participating PHA when two or more PHAs agree to issue project -based vouchers in an affordable housing project in a host PHAs jurisdiction. 4. Inspection Pre -HAP contract inspections of the completed contract units shall be completed by the host PHA in adherence to 24 CFR 983.103, the executed AHAP, when applicable, and the MOA. The host PHA must inform the issuing PHA within seven (7) calendar days whether the work has been completed in accordance with regulation, the AHAP and/or MOA. In the event the host PHA is unable to meet the established deadline, the host PHA will allow the issuing PHA to inspect the completed contract units in order to limit delays in development and no payment will be made to the host PHA. If the host PHA determines that work deficiencies exist, the host PHA shall notify the developer of the affordable housing project within seven (7) calendar days of the extent of the deficiencies and the requirements and procedures for correction of the contract units. Upon receipt of an inspection request for a turnover inspection or a Biennial inspection for contract units from an issuing PHA, the host PHA will complete the inspection and all related documentation, per 24 CFR 983.103 and FR Notice 6/25/14, within seven (7) calendar days of the date of the issuing PHA's request. 5. Initial Rent Estimated initial rent to owner shall be established within a period consistent with the MOA by the host PHA. The initial contract rents for each unit shall not exceed the amount authorized per 24 CFR 983.301. The standards of the host PHA's Payment Standards, Utility Allowances, Rent Reasonableness Standards, and HQS will apply. The Parties agree that the project developer shall maintain separate and distinct AHAP and HAP agreements for each participating PHA. 6. Tenant Selection The Parties agree that the awarded number of project -based vouchers from the awarding/issuing PHA is directly connected to a number of units within the project. To that end, the awarded project -based vouchers must remain available to the issuing PHA for use upon tenant turnover. C ltx �ouncil 2 — 16 4/5/2022 Housing e oucher (HCV) Program Interjurisdictional Administration Page 14 of 15 EXHIBIT 1 Tenant selection is determined by issuing PHA criteria. 7. Post Move in Activities MOA rules regarding Payment Standards, Utility Allowances, Rent Reasonableness Standards, and Housing Quality Standards (HQS) shall remain unchanged when applied to the use of Project Based Vouchers for Housing Choice Voucher recipients and/or for Special Purpose program voucher recipients in the host PHA's jurisdiction. The issuing PHA shall administer any additional post move in activities. i)x �ouncil 2 — 17 4/5/2022 Housing C o e oucher (HCV) Program Interjurisdictional Administration Page 15 of 15 Housing Authority santa-ana.org/cd Item # 3 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: Housing Authority Annual Plan AGENDA TITLE: Public Hearing - Approve the Housing Authority Annual Plan RECOMMENDED ACTION 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development. 2. Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development. DISCUSSION The United States Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an Annual Plan for the management and operation of the program. The general purpose of the Annual Plan is to advise HUD, program participants, applicants, and members of the public on the Housing Authority's policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the Annual Plan (Exhibit 1) provides information on the following topics: (1) new activities to be undertaken by the Housing Authority in the next year; (2) findings from the most recent Fiscal Year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the Five -Year Plan for FY 2020-2025. This Annual Plan is for the third year of the Five Year Plan for FY 2020-2025. As required by HUD, three ad hoc Resident Advisory Board meetings were held on February 2, 2022 with HCV participants who receive housing assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants in the HCV Program were mailed an invitation to participate on the Resident Advisory Board and the Board provided input for the development of the Annual Plan. The comments from the Resident Advisory Board were City Council 3-1 4/5/2022 Housing Authority Annual Plan April 5, 2022 Page 2 incorporated into the Annual Plan. The Santa Ana Housing Authority (SAHA) also conducted a survey of all HCV participants. The survey was mailed to all active HCV participants to complete. Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by doing the following: (1) considering the feasibility of each recommendation; (2) discussing as a team the opportunity for the SAHA to implement each recommendation; and (3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the Annual Plan. On February 23, 2022, a legal notice was published in the Orange County Register and La Opinion advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 5, 2022. A legal notice was also published in the Nguoi Viet newspaper on February 24, 2022. The Annual Plan was also made available on the Housing Authority's website and in the Housing Authority lobby. HUD federal regulations requires a 45-day public comment period and the public comment period ends on April 5, 2022. (A legal notice was also published on February 19, 2022 in another publication in order to meet the 45-day public comment period requirement.) All public comments received will be included in the Annual Plan submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Housing Authority Annual Plan 2. Resolution Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 3-2 4/5/2022 EXHIBIT 1 Streamlined Annual U.S. Department of Housing and Urban Development OMB No. 2577-0226 PHA Plan Office of Public and Indian Housing Expires 02/29/2016 (HCV Only PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs. Definitions. (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCI9 Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. 1 A.1 _7V PHA Name: Housing Authority of the City of Santa Ana PHA Code: CA093 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2022 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 3,026 PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. ❑ PHA Consortia: Check box if submitting a joint Plan and complete table below Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: Page 1 of 5 form HUD-50075-HCV (12/2014) EXHIBIT 1 B. I Annual Plan. BA I Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N ❑ ® Housing Needs and Strategy for Addressing Housing Needs. ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Operation and Management. ❑ ® Informal Review and Hearing Procedures. ❑ ® Homeownership Programs. ❑ ® Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. ❑ ® Substantial Deviation. ❑ ® Significant Amendment/Modification. (b) If the PHA answered yes for any element, describe the revisions for each element(s): B.2 I New Activities (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ®❑ Project Based Vouchers. (b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. The Housing Authority of the City of Santa Ana (SAHA) plans to: 1) Enter into an Agreement to Enter into a Housing Assistance Payments Contract for three (3) project -based vouchers in a 17-unit new construction project called FX Residences. FX Residences involves the new construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing, and one (1) manager's unit. The location of the project is at 801, 809, 809 '/2 East Santa Ana Boulevard. 2) Enter into an Agreement to Enter into a Housing Assistance Payments Contract for seven (7) project -based vouchers in a 86-unit new construction project called Crossroads at Washington. The Crossroads at Washington project involves the new construction of a 100% affordable multifamily apartment complex consisting of 85 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 30% AMI of which 43 units will be set -aside for permanent supportive housing. The location of the project is at 1126 and 1146 E. Washington Ave. 3) Enter into a Housing Assistance Payments Contract for eighty-nine (89) project -based vouchers in a 89-unit motel rehabilitation project called North Harbor Village. The North Harbor Village project involves the acquisition and rehabilitation of a former motel yielding 89 units of permanent supportive housing. The project will have eight -nine (89) PBVs consisting of 34 HUD-VASH PBVs and 55 non HUD-VASH PBVs. The location of the project is at 1108 N. Harbor Blvd. 4) Enter into a Housing Assistance Payments Contract for eight (8) project -based vouchers in a 93-unit new construction project called Legacy Square. The Legacy Project involves the new construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and one (1) manager's unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set -aside for permanent supportive housing. The location of the project is at 609 North Spurgeon Street. 5) Commit 25 project -based vouchers to one or more projects for the development of new affordable housing opportunities. The projects above are consistent with the PHA Plan because each project will the most vulnerable members of the communitywith affordable and permanent supportive housing opportunities. Relative to issuing tenant -based vouchers, project -basing vouchers allows vulnerable families at 30% AMI or people experiencing homelessness to move into a unit directly instead of searching and competing for a unit in the private market. It is more efficient and effective to serve extremely low-income families and people experiencing homelessness through project -basing because: 1) the family does not have to compete in the private market for a limited number of vacant units; 2) wrap -around supportive services are provided on -site for people experiencing homelessness with an economy of scale for on -site service providers; and 3) new affordable housing opportunities are created when project -based vouchers are leveraged with other sources of financing. B.3 I Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A ❑0n (b) If yes, please describe: City Council 3-4 4/5/2022 Page 2 of 5 form HUD-50075-HCV (12/2014) EXHIBIT 1 BA Civil Rights Certification Forth HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.5 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.6 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in its 5-Year PHA Plan. Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. Objective # 1: Utilize 100% of the Annual Budget Authority provided by HUD for each CY. • SAHA utilized 100.4% of our Annual Budget Authority from HUD for CY 2021. Objective # 2: Apply for new funding opportunities for additional vouchers. • In June 2021, SAHA received an award of eighty-nine (89) new Emergency Housing Vouchers awarded under PIH Notice 2021-15. Goal # 2: Expand participation in the Family Self -Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. Objective # 1: Expand the number of active participants in the Family Self -Sufficiency Program. • The number of active participants in the Family Self -Sufficiency Program decreased from 122 families enrolled to 106. The COVID-19 pandemic impacted our capacity and ability to outreach to new participants. However, the number of mandatory slots for SAHA decreased by one (1) from 60 to 59 total mandatory slots. The percent of families enrolled over mandatory slots is equal to 180% and 78% of families have an escrow account balance in the program. • SAHA continued sending a monthly electronic Family Self -Sufficiency Program newsletters to our participants who have provided us with their e-mail addresses. Each newsletter features a Story of Success for a family who is participating in the program. In addition, SAHA also provided an annual calendar to all of our participants with a Story of Success for each month. Objective # 2: Assist Family Self -Sufficiency Program participants to become self-sufficient and graduate from the program. • During this Fiscal year, one (1) participant graduated from the Family Self -Sufficiency Program. Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations. Objective # 1: Retain High Performer SEMAP status. • SAHA was certified as a High Performer for FY 20-21. SAHA audited a total of 273 files under SEMAP Indicator # 3, even though the minimum sample size required by HUD was only 35 files. For SEMAP Indicator # 5, SAHA conducted a total of 46 quality control inspections even though the minimum sample size required by HUD was only 34 quality control inspections. Goal # 4: Increase assisted housing choices by providing quality customer service to existing landlords and conducting outreach to new landlords. Objective # 1: Communicate on a regular basis with active landlords by providing information on key program updates. • During this Fiscal Year SAHA e-mailed a newsletter in December and January. Objective # 2: Maintain active participation in the Orange County Apartment Association and attend local events to promote participation in the program. • SAHA renewed our membership with the Orange County Apartment Association. Local events were cancelled due to the COVID-19 pandemic. Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants. Objective # 1: Provide an annual mandatory training for all Housing Authority staff. • On August 27, 2021, SAHA held an annual Fair Housing Training for all Housing Division employees. This annual training is required for all employees. Objective # 2: Provide information on fair housing to owners and participants. • SAHA provided information on fair housing to owners and participants. Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking. • SAHA provided information on VAWA to all program applicants, participants and landlords. City Council 3-5 4/5/2022 Page 3 of 5 form HUD-50075-HCV (12/2014) EXHIBIT 1 B.7 I Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? // ■ (b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. Three Resident Advisory Board meetings were held on February 7, 2022. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board and the Board members who attended provided input for the development of the Annual Plan. Please see attachment for RAB Comments. SAHA also released a survey for all of HCV participants. The survey was mailed to all active HCV participants with a link to the survey. Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by: 1) considering the feasibility of each recommendation; 2) discussing as a team the opportunity for SAHA to implement each recommendation; and 3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by the Housing Authority. Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV Only PHAs A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." ❑ Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA's jurisdiction and other families who are on the Section 8 tenant -based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii) ❑ Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR 003.7(b)) ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) ❑ Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant -based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) ❑ Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR 003.7(e)(3)(4)). ❑ Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(tt)) ❑ Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency City Council 3-6 4/5/2022 Page 4 of 5 form HUD-50075-HCV (12/2014) EXHIBIT 1 ❑ Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA's partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA's partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self -Sufficiency Program and others. Include the program's size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR 003.7(1)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(1�(iii)). ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5-Year Plan. (24 CFR 003.7(r)(2)(i)) ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5-Year and Annual Plan. Should the PHA fail to define `significant amendment/modification', HUD will consider the following to be `significant amendments or modifications': a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD's website at: Notice PIH 1999-51. (24 CFR 003.7(r)(2)(ii)) If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project -Based Vouchers (PBVs) in the current Fiscal Year, mark "yes" for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark "no." (24 CFR 083.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937. ❑ Project -Based Vouchers (PBV). Describe any plans to use HCVs for new project -based vouchers. If using PBVs, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p)) BA Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR &903.7(o)) B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR &903.15) B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR &903.11(c)(3), 24 CFR &903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR &903.13(c), 24 CFR &903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added anew section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality City Council 3-7 4/5/2022 Page 5 of 5 form HUD-50075-HCV (12/2014) EXHIBIT 1 I � 2 C m N V N K v D m o n Z 00 Gl N C N o7ot0D z LA m No N r Ln Z 0 � G m N m -0 0 7°�=n M D m Z r- Z C) Vf v m rn D Z D 10 m „ D r V 70 v D n C � N N y m Q N cn Z m UD vA m m D m -4 a Z D O �'Drn N r D r Z N D D z 70 z° D O < O v m N O K N -P, w 0 K m 000O -1 O°KzZ W D v LrjPj0 m 0 m m 0 ° z D < D p mcnm7°� D z 3 r Z D N m cn cn K 0 L' _ = m N D VI N M m m m m i 3 C � -n n o; 3 n C O 7a c 3 = D 0. C ° rn v 0 D D Z v 3 o N C o D o N N Z O O m y Z 3 v — -0 a, cn —• Q :3 rD r) m o o m QQ n rt 0- r+ N� Ln N N O a, o m r+ o _Ln 3 n v 0 D O 0'Q O a) rN+ rD L r+ O O m N C: Q Q L r+ h N rD rF 3 O n rD S �—�• v 3 ° ,< rD .. _ D :3 a{ "—'• v LA 3 r+ Ln Ln < rF O O Ln Ln c �' r+ o D Q + O O � v f f rD O rD -• rh a v 3 � :30 rD 0 o v Q c 0 v o o - L r+ 0 0 r+ ,< v v r+ Ln Uq —• O O Q N N• v n c v Ln � o z; a, -0 - v =5 Q a) • Q Q -O 5. r ODamO 'r+ n n ' o '< D o v v QrD vr o rD 3 Ov r+ O v v n^ v NrD O QOv0 rD- vi n O NZ) n Q m v n v Q Un Ln O 70 r�D < a o, :3 < o -0 � z. 3 Q� v v v rD 3. v n o rh Q _Q 3 0_ rD Z) n Q 0- o; ;� rDvm v :3 O D — n - �^ • ai < rt O rO DQnO QO O Ln w Q rr Q Q rD + f D N rD v 3. rD 3 m m n -0 v =5 cm c Q �• -0 Q� m 0 rD Q N Lnw (D r�r fD fD (n M Q v 0 N rNr _0 0 v v aN•�, o 0-- o,O = v n v n. n c D v r+ un oN a o: `^ r v< rD Z) v w o (D City Council 3 – 8 4/5/2022 EXHIBIT 1 C m (A V v°yam ;� 0 -n m D � N N 01 0M Z 3 N 0 � ` r N M �1 N � � 2 m D m Z r r N 0 K N 9 w o K m ° O -1 00 ZZ o � woo ° m ° m m 0 ° z D < D p mcnm�� G) D Z v 3 r z D N m cn in K o 0 2 2 m N D (n N ;a m m — v cn — a ID 0 v �. r* (D N �' 3 (D N O v c N � r* a O c o 3 f'1 � N o O r v f�D vNi v o' 0 0 N r* �, 3 O n fD D � D �• v °+ a q rt Ln Ln Ln• o r+ O O f�D c — S fD B r+v < O r+ o f.1D n '* r+ (D cn `G .G cn' In NO v r+ < r O , _ O C O N v, c -' rt + m 0.l r O D c r* O O rt rD O r+ � -0 � � m 0 v CD 0-r) Cr n 3 O C O -0 -0 Ln -C C p) � N '_^•D N O C CU =--0 c O4 ET 0, (Dt Q c• n S 0, — E T. (D: � -0 C -0 C NO QZ 2 C M>, n S� n r+ � c .pu 3 O j <. ° z O7 D p, C C. o = rf (1. (D>. �" x- � 0� x �- s p r, 3 5 G) z z C` O> = F' Qa < oa S 2 D < _� s �' 3':O> ; O -< v, Oa OQQ w m:. (Z: O rt- O, f+ ao S v> v S an •O> -O> = Ok O mi O z OQ s �' 3' �t n �" D, v Z 0 G) .G r c ao FU m r+ S S a,> �" 0, oa 0 2 n z N _ (z , z >1 G O 7 C 7> C D O 2 G1 D Q w ap r+ c" rD' Q < 3 Q< (D' o > Z O N K n o v ,> S v- o S 2 N D Q N rn O Q' 3' nw>a C C, O �I Ll O> G) 2 = ao Q r+Sao S O> O N 'ZN >� D . Q: C n 3"< 'n O (DaQ I 0> M' pn NaO (D> S ,0 C, C1 MS NUQ 3 n ao 3> -0 < m) Cl Q •O D N n O=o v c ao O C" uo (D> z z 2 C� N < Q �' ((V c � () _ O> _ 00 3' a M> E v ( D> c � (Di a> 7 3 Otl , r* ' OO O S m n" Q City Council 3 – 9 4/5/2022 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714)667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 7, 2022 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures City Council 3 — 10 4/5/2022 EXHIBIT 1 d. Rent Determination Policies e. Operation and Management f. Grievance Procedures g. Housing Plus Program h. Progress in Meeting Mission and Goals i. Other Recommendations Not Listed Above City Council 3 — 11 4/5/2022 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714)667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 7, 2022 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para mitigar las necesidades de vivienda) c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures (Politicas de elegibilidad, seleccion y admision, incluidos los procedimientos de desconcentracion y lista de espera) City Council 3 — 12 4/5/2022 EXHIBIT 1 d. Rent Determination Policies (Politicas de determinacion de renta) e. Operation and Management (Operacion y Administracion) f. Grievance Procedures (Procedimientos de quejas) g. Housing Plus Program (Programa de housing plus) h. Progress in Meeting Mission and Goals (Progreso en el cumplimiento de la mision y los objetivos) City Council 3 — 13 4/5/2022 EXHIBIT 1 Other Recommendations Not Listed Above (Otras recomendaciones no enumeradas arriba) City Council 3 — 14 4/5/2022 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714)667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 7, 2022 Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs Nhu cau nha & va chien lugc giai quyet nhimg nhu cau nay c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures Nhdng dieu kien, va cac qui luat ve su ltra chon de duoc gia nhap vao chtrang trinh, bao gom giai tan khoi nhdng khu vgc vai nguon loyi tirc thdp va nhirng thu tuc cua danh sach cha doi City Council 3 — 15 4/5/2022 EXHIBIT 1 d. Rent Determination Policies Qui le ve cach xac Binh tien thue nha e. Operation and Management Hoat Dong va Quan Ly f. Grievance Procedures Thu tuc khieu nai g. Housing Plus Program Chuang Trinh Housing Plus h. Progress in Meeting Mission and Goals Su Tien Hanh cua Cac Nhiem vu va Muc tieu City Council 3 — 16 4/5/2022 EXHIBIT 1 i. Other Recommendations Not Listed Above Nhirng Y Kien khac khong co neu tren City Council 3 — 17 4/5/2022 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda February 7, 2022 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs Low vacancy. Accept any qualify unit. Look for unit with garage, washer and dryer but Could not find anything due to low vacancy rate. Want HA to help search/have a housing navigator similar to VASH program or have unit ready for applicants. Longer voucher time. c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures online portal for waitlist status. On -boarding waitlist process is easy. City Council 3 — 18 4/5/2022 EXHIBIT 1 d. Rent Determination Policies The current process is fair and adequate. Santa Ana should have a donation center to help with rent. Should provide snap/food stamp. Apt should pay for trash and sewer e. Operation and Management Operation is very good. Being very supportive and available by phone f. Grievance Procedures New to the program and has not face any issue yet. Automate system, such as Sending text messages when family violate the program rules. g. Housing Plus Program Not interested at this time. h. Progress in Meeting Mission and Goals Want the payment standard to increase for the city of Orange. Want housing to build more Unit. i. Other Recommendations Not Listed Above Want housing to house elderly temporary. Invest more in real estate and build more unit City Council 3 — 19 4/5/2022 p III view Mara Hodson is currently host Reclaim ing host mayd isrupt breakout rooms. pol Is. and screen share Stay Participant x Maria Hodson fl F �._._ . Maria Hodson - Maria Hodson '- Michaels Aherne Alicia Benite wince Edward Rios Alicia Benite since Ecl—rd Rios Julie Escobar tea e t.1uParticipants Chat Share Screen Record Peactians EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-ana.org Resident Advisory Board Meeting Agenda A -A February 7, 2022 I. Welcome and Introductions ll. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how it relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7 b. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para mitigar las necesidades de vivienda) c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures (Politicas de elegibilidad, seleccion y admision, incluidos los procedimientos de desconcentraci6n y lista de espera) City Council 3 — 21 4/5/2022 EXHIBIT 1 d. Rent Determination Policies (Politicas de determinacion de renta) F .e_ f C1 MU(- e. Operation and Management J GC5411.1 W— (Operacion y Administracion) #. Grievance Procedures GUL)i t h , %- {P CVO (Procedimientos de quejas) 116�0 L'IU44-a, 6jjd(j�� --�-o qss,� r 1 f 0,1,1 -f-q f; 41W) r) V) . zl L4-7,, l v-,. A U Vy) a 1`MI)fA.i e-R- g. Housing Plus Program (Programa de housing plus) Ih aU d uo (� Cm C .l�t.l CC- h. Progress in Meeting Mission and Goals (Progreso en el cumplimiento de la mision y los objetivos) n & Co Lacy S) Ot T4- il) a, uiiy uouncll 15 — LL 4/5/LULL EXHIBIT 1 i. Other Recommendations Not Listed Above (Otras recomendaciones no enumeradas arriba) City Council 3 — 23 4/5/2022 EXHIBIT 1 Santa Ana Housing Authority riO4 Annual Plan The Santa Ana Housing Authority is preparing our Annual Plan for 2022-2023 to submit to the U.S. Department of Housing and Urban Development (HUD). Housing Choice Voucher Program participants are invited to attend a Resident Advisory Board Meeting and/or complete a brief survey (see QR Code or link below) to assist and make recommendations regarding the development of the Annual Plan. Resident Advisory Board Meetings Monday, February 7th, 2022 2:OOPM 5:OOPM VIA ZOOM IF YOU WOULD LIKE TO PARTICIPATE IN THIS MEETING, PLEASE RSVP BY CALLING (714) 667-2269 NO LATER THAN TUESDAY, FEBRUARY 1, 2022_ WE WILL SEND YOU A ZOOM LINK FOR THE MEETING UPON YOUR RESERVATION. Take A Survey! Scan the QR Code to the right or go to: https://www.surveymonkey.com/r/ YCMHCMX EXHIBIT 1 Autoridad de Vivienda de Santa Ana prto -, Plan Anual La Autoridad de Vivienda de Santa Ana esta preparando el Plan Anual 2022-2023 para presentarlo al Departamento de Vivienda y Desarrollo Urbano (HUD) de EE.UU. Se invita a los participantes del programa de vales de eleccion de vivienda a asistir a una reunion de la Junta Directiva de Residentes y/o Ilenar una breve encuesta (vease el Codigo QR o enlace abajo) para asistir y dar recomendaciones acerca de la creacion del Plan Anual. Reunion de la Junta Directiva de Residentes Lunes, 7 de febrero del 2022 2:00PM a 5:00PM POR ZOOM S/ DESEA PART/C/PAR EN UNA REUNION, FAVOR DE RESERVAR AL LLAMAR AL (714) 667-2269 A MAS TARDAR EL MARTES, 10 DE FEBRERO DEL 2022_ LE ENV/AREMOS UN ENLACE DE ZOOM PARR LA JUNTA CUANDO RESERVE. iTome una encuesta! Use el Codigo QR a la derecha o visite: https://www.surveymonkey.com/r/ YCMHCMX EXHIBIT 1 Ca Quan Nha d Santa Ana Ke hoach hang nam Co, quan nha d Santa Ana Bang chuan bi Ke hoach hang nam cho nam 2022-2023 de de trinh Idn Bo Nha d va Phat trien Do thi Hoa Ky (HUD). Ngu,di tham giaChu'omg trinh Phieu Luya Chon Nha d du'dc mdi tham gia Cuoc hop Hoi dung Co van Gia cu, va/hoac hoan thanh mot cuoc khao sat ngan (xem Ma QR hoac lien ket ben du'di) de ho trd va dva ra cac de nghi lien quan den viec phat trien Ke hoach hang nam. Cuoc hop cua Hoi gong Co van Gia cu' Thin Hai, ngay 7 thang 2, 2022 2:00 chieu - 5:00 chieu QUA ZOOM NEU QUY VI MUON THAM GIA CUOC HOP, VUI LONG GOI (714) 667 -2269 MUON NHAT VAO THU'BA, NGAY 1 THANG HAI, 2022. CHUNG TOI SE GUI CHO QUY V1 M OT LIEN KET DEN CUOC HOP QUA ZOOM KHI QUY VI BANG KY Hay tham gia kha"o sat! Siv dung ma QR d ben ph Ai hoac truy cap: https://www.surveymonkey.com/r/ YCMHCMX City Council 3 — 26 4/5/2022 2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 EXHIBIT 1 Santa Ana Housing Authority Annual Plan Survey - 2022-2023 The Santa Ana Housing Authority is preparing our Annual Plan for 2022-2023 to submit to the U.S. Department of Housing and Urban Development (HUD). Your response to this survey will assist us with your recommendations regarding the development of the Annual Plan on your behalf. * 1. What are your housing needs and what would you rank as your top three housing needs? * 2. What recommendations do you have to more effectively address your housing needs? City Council 0 of 10 answered 3 — 27 4/5/2022 https://www.surveymonkey.com/r/ycmhcmx 1 /4 2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 EXHIBIT 1 * 3. As the largest housing assistance provider in our community, what do you think the Santa Ana Housing Authority should do to address the housing needs in our community? * 4. What recommendations do you have to change or improve our Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures? * 5. What recommendations do you have to change or improve our Rent Determination Policies? * 6. What recommendations do you have to change or improve our Operation and Management? City Council 0 of 10 answered 3 — 28 4/5/2022 https://www.surveymonkey.com/r/ycmhcmx 2/4 2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 Family Self -Sufficiency Program)? EXHIBIT 1 * 8. What recommendations do you have to encourage more assisted -families to use our assistance as a platform to obtain self-sufficiency? * 9. How can we improve our progress to fulfill our mission and goals? * 10. Do you have any other recommendations to improve our program and services for you, our landlords, and our community? DONE City Council 0 of 10 answered 3 — 29 4/5/2022 https://www.surveymonkey.com/r/ycmhcmx 3/4 2/17/22, 4:14 PM Santa Ana Housing Authority Annual Plan Survey - 2022-2023 EXHIBIT 1 ^ SurveyMonkey- See how easy it is to create a survey. Privacy & Cookie Notice City Council 0 of 10 answered 3 - 30 4/5/2022 https://www.surveymonkey.com/r/ycmhcmx 4/4 EXHIBIT 2 RESOLUTION NO. 2022- A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2022-2023 BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is required by the U.S. Department of Housing and Urban Development ("HUD") to have an Annual Plan due to the fact that the Authority administers a Housing Choice Voucher ("HCV") Rental Assistance Program. B. The purpose of the Authority's Annual Plan is to advise HUD, program participants and members of the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority, including programs, participants, services for the upcoming year, and any operational or tenant concerns. C. The Authority is required to review its operations and needs for the Annual Plan with input from HCV participants. Three (3) Resident Advisory Board Meetings were held on February 2, 2022, with responses incorporated into the Annual Plan, as required by HUD regulations. D. HUD regulations require a forty-five (45) day public comment period. On February 19, 2022, notification was published in the San Bernardino Sun that the draft plan was available for public review. On February 23, 2022, notification was also published in the Orange County Register and La Opinion newspapers, and on February 24, 2022, notification was further published in the Nguoi Viet newspaper, that the draft plan was available for public review. The public comment period ended on April 5, 2022. Further, a public hearing was held by the Housing Authority on April 5, 2022, and all comments received at the hearing are included in the final documents to be submitted to HUD. Section 2. The Annual Plan for Fiscal Year 2022-2023 of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD. Section 3. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. City Council 1 3 — 31 4/5/2022 EXHIBIT 2 ADOPTED this day of 2022. Vicente Sarmiento Chair APPROVED AS TO FORM: Sonia R. Carvalho, General Counsel By. Ryan O. Hodge Assistant Counsel AYES: NOES: Boardmembers: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: I:y21:4919LO_`II[•L[•l2W_1IaIwIr_�I[•]►r_1011091VELI1►r_1IIWA I, DAISY GOMEZ, Recording Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2022-. to be the original resolution adopted by the Housing Authority of the City of Santa Ana on April 5, 2022. Date - Daisy Gomez, Recording Secretary City Council 2 3 — 32 4/5/2022