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HomeMy WebLinkAboutItem 15 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana BlvdCommunity Development Agency santa-ana.org/cd Item # 15 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana AGENDA TITLE: Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana RECOMMENDED ACTION 1. Authorize the City Manager to execute a Fourth Amendment to the Downtown Clean & Safe Program agreement with Downtown Inc.that provides daily cleaning, maintenance of downtown and will augment services to include special event preparation, street closures, and parklet maintenance services in the amount of $500,000 for the term of January 1, 2022 through December 31, 2022, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the amendment to Section 2.04 to update the language `Bi-Annual Financial Statement and Audit' and replace it with `Quarterly financial statements and expense reports must be submitted at the end of each quarter'. DISCUSSION On January 31, 2013, the City executed a Settlement and Release Agreement with Downtown Inc. to fund the downtown's Clean and Safe program for three years in an amount of $500,000 per year. The terms of the Agreement automatically renewed each year. On January 10, 2018, the City terminated the Settlement and Release Agreement and executed a new agreement for Clean and Safe Program Services with Downtown Inc. in the amount of $500,000 for the calendar year. The Downtown Clean and Safe Program is a crucial element in keeping the Downtown area clean and safe. The Clean and Safe team also act as positive stewards of the Downtown who provide direction and information to visitors, mitigate issues promptly, provide a safe presence and deterrence, and regularly communicate with Downtown police and City staff on matters that require immediate attention. Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana December 7, 2021 Page 2 The Clean and Safe team are available 7 days per week from early morning to late nights to provide a safe and clean area for all daytime and nighttime activities. The Clean and Safe team provides daily litter maintenance, empties trash containers multiple times per day to avoid overflow, power washes sidewalks and alleyways, and oversees security services to the downtown. During the COVID-19 pandemic, the Clean and Safe team took it upon themselves to sanitize areas and clean high -traffic areas, including call buttons at intersections and meter heads. Furthermore, the scope of services has expanded to include cleaning, maintenance and repair of the City's eleven parklets, and the set- up/break-down of traffic control plans (street closures) for City co -sponsored events. This fourth amendment will include augmented services to include parklet cleaning and maintenance, special event preparation such as street closure assistance, cleaning after events, and contracting security guards on urgent or as -needed basis. Furthermore, the amendment will update Section 2.04 to update the language "Bi-Annual Financial Statement and Audit" and replace it with "Quarterly financial statements and expense reports must be submitted at the end of each quarter". These crucial maintenance services beautify the downtown district and enhance the image of the commercial core (Exhibit 1). The activity is designed to enhance customer experience, increase commerce, and help to attract and retain new businesses within the district. Funds for these services are made available through increased revenue from patrons that park in the downtown (parking structures and meters). Staff recommends that the City Council approve the fourth amendment to the Downtown Clean and Safe Program Agreement with Downtown Inc. to maintain a clean and safe downtown area for residents, businesses and visitors. The Clean & Safe Program has the ability to address maintenance issues, mitigate homelessness impacts, and provide a welcoming downtown area for the City. FISCAL IMPACT Funds in the amount of $250,000 are available in the Downtown Enhancement and Parking Modernization Plan account (no. 02718133-62300) for expenditure in FY 2021- 2022 for the first six months and the remaining $250,000 will be budgeted in the FY 2022- 2023 budget. EXHIBIT(S) 1. Fourth Amendment: Clean & Safe Program Downtown Inc Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager EXHIBIT 1 FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT THIS FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this 7t' day of December, 2021, by and between 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"), and Downtown Incorporated, .Inc., a California non- profit corporation ("DTI"). RECITALS A. On January 10, 2018, the City entered into the Downtown Clean and Safe Program Services Agreement #A-2017-325 with DTI to fund the downtown's Clean and Safe Program, which includes a security team, a litter team, and a power washing team ("said Agreement"). The intent of said Agreement is for DTI to receive a set amount of funding for downtown Clean and Safe Program services each calendar year that such funding is approved by City Council. B. On December 18, 2018, the City entered into a First Amendment to said Agreement (#A- 2018-303) with DTI in order to extend the term and add funding for 2019. C. On December 3, 2019, the City entered into a Second Amendment to said Agreement (#A- 2019-231) with DTI in order to extend the term and add funding for 2020. D. On December 15, 2020, the City entered into a Third Amendment to said Agreement (#A- 2020-254) with DTI in order to extend the term and add a reduced funding amount of $400,000 for 2021 due to revenue shortfalls contributed by the pandemic. E. The City hereby approves an additional $500,000 for downtown Clean and Safe Program services for use by DTI in 2022 pursuant to the terms and conditions of said Agreement, as amended. F. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to revise the financial reporting requirements, extend the term of said Agreement, add an additional $500,000 for downtown Clean and Safe Program services for the extended term of said Agreement, and amend said Agreement to update the services to be provided. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions of said Agreement, except as herein modified, the parties agree as follows: Pursuant to the terms of said Agreement, the City Council approved an additional $500,000 for downtown Clean and Safe Program services for the 2022 calendar year to be utilized by DTI pursuant to the terms of said Agreement. EXHIBIT 1 2. Section 1.03, Term of Services Agreement, shall be amended to read as follows: "This Services Agreement shall commence on the date first written above and terminate on December 31, 2022, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Section 2.01, Clean and Safe Program Services, shall be amended to include cleaning, maintenance, and repair of the City's eleven (11) Parklets, and the set-up/break-down of traffic control plans (street closures) for City Co -sponsored events, as provided in Exhibit A to this Fourth Amendment to the Agreement. 4. Section 2.04, Bi-Annual Financial Statement and Audit, shall be amended and replaced in its entirety as follow: §2.04 Quarterly Financial Statements Every three (3) months (March 31, June 30, September 30, and December 31), DTI shall submit to the City Manager a financial statement and expense report of DTI's Clean and Safe Program expenditures. 5. Except as hereinabove modified, 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 Approval and Amendment to said Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: Cny Sonia , o ey� ��o� CITY OF SANTA ANA KR.ISTINE RIDGE City Manager DOWNTOWN INCORPORATED, INC.: Ryan O. o ge Ryan Chase Assistant ty Att rney President Tax ID# 26-4051161 RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency Exhibit A - Scope of Services Downtown Clean & Safe Program 2022 January 1, 2022 -- December 31, 2022 I. BUDGET EXHIBIT 1 Proposed Clean and Safe Budget. Activity Cost Litter Maintenance $ 318,749 Special Event hitter Clean -Up or On-Call/Urgent Security Guard Services $ 6,000 Power Washing $ 116,796 Street Closures or On-Call/Urgent Security Guard Services $ 12,000 Parklets Maintenance $ 46,455 Total $ 500,000 II. LITTER MAINTENANCE A. PICK UP LITTER AND WASTE "Litter" is defined as, but is not limited to, boxes, cans, papers, containers marked "trash" (or are obviously trash), unwanted or useless materials, or rejected matter. "Waste" includes, but is not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquid or dried matter, oily or sticky substances, and graffiti, etc. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area — not by moving it from one surface to another or covering said substances with sand or similar materials. EXHIBIT 1 B. SPECIAL EVENT LITTER CLEAN-UP/MAINTENANCE Clean & Safe team will provide litter clean-up/maintenance services for designated special events that are approved by the City of Santa Ana Provide litter -clean-up for on -call situations after special events that do not provide adequate clean-up, must be approved by the City of Santa Ana. C. CLEAN AND EMPTY TRASH CANS All trash containers within the BID shall be emptied and cleaned. Trash including, but not limited to, boxes, cans, papers, and other containers marked "trash" (or are obviously trash) shall be removed, along with the liner. All trash from such trash receptacles shall be removed from the BID and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. All trash containers shall be emptied three times per day on a routing basis (morning, early afternoon and evening). Additionally, any trash containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 a.m. and 4:00 p.m. daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. Using a clean cloth or rag, and germicide detergent solution, remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc. from the surface of trash containers. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area —not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers. D. CLEAN OUTDOOR BENCHES, BOLLARDS AND LIGHT POLES All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, graffiti, etc. leaving object in working condition. The immediate area surrounding the object shall be cleaned in the same manner. E. CLEAN ALLEYS Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement. Shopping EXHIBIT 1 carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. The following are alley locations within the Downtown: e 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) e 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) i 400 West Fourth Street (south alley) F. CLEAN BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. The following are bus stop locations within the Downtown: 9 400 North Main west side of street • 400 North Main east side of street • 200 West 5a' street south side of street • 200 East 5"' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street III. STREET CLOSURE Will provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or cosponsored by the City of Santa Ana. Set-up water -filled k-rails, barricades, traffic cones, traffic signs, A -frames, and ensure safe street closures. Dedicate the Removal of street closure equipment, track inventory, and properly store equipment in storage areas. IV. POWER WASH EXHIBIT 1 A. POWER WASH PROCESS "Power wash" is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces. B. POWER WASH SIDEWALKS All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment. C. POWER WASH BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will compliment the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. The following are bus stop locations within the Downtown: • 400 North Main west side of street « 300 North Main east side of street • 200 West 5a' street south side of street • 200 East 5 h street south side of street 0 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids. The following are alley locations within the Downtown: + 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) 0 400 West Fourth Street (south alley) LY VI. EXHIBIT 1 61 KI241►CR� A. Litter Team of 7 Workers: Monday - Sunday 7:00 AM to 9:00 PM B. Power Washing Team of 3 Workers: Monday - Sunday 4:00 AM to 10.00 AM AREA OF SERVICE MCCENTER tlR, FjGHTlI ST N a❑ El El ShNlh ANA BUM. FITiH ST. F 1-1❑❑❑E❑❑ SANSA ANA 94Y0. FOURTH ST 1 ICJ 1-IF 111:11:1 THIg0 ST. ❑"❑ ❑ ❑ SemHo �+G s T N a❑µ❑ Flu Santa Ana Business Improvement District I r___1E908...d.1P0 Will assist in coordinating, securing, and compensating additional or on -call security guards for special events or emergencies or as needed with approval by the City of Santa Ana. SMAI,,,,,, I,,,,,, III U 111 Ili S III: ll L- P III" Ili T CORPORATIIIO1114 OF ORANGE COUNTY December 6, 2021 City Manager, Council and Mayor City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear City of Santa Ana Staff and Elected Officials, RE: PLEASE SUPPORTTHE CLEAN AND SAFE PROGRAM IN 2022 THIS LETTER SUPPORTS AGENDA ITEM 15. The Clean and Safe program is the foundation of Downtown Santa Ana's growth and success. On average, the Clean Team pulls 90,000+ bags, power washes. 5,800+ panels of sidewalk. Removes 12,000+ stickers, and removes 12,500+ graffiti markings from benches, bollards, parking meters, light poles and fixtures. This Clean and Safe program is funded by parking revenues to help create a clean and safe environment for residents, visitors and businesses. Due to parking revenue shortfalls from the pandemic, our Security Team was partially unfunded in 2021, but is returning as soon as possible due to critical need as they typically provide an average of 1,900+ visitors given directional assistance and 5,200+ calls for security service. New to the program in 2022 is additional partnership with the City where the Clean and Safe program will assist community events with cleanup and street closures as well as the addition of helping maintain the public space parklets created for outdoor dining areas during the pandemic. Quarterly Clean and Safe Meetings are held between downtown stakeholders and the City staff to work on issues and opportunities and review expenses, policies and capital improvements generated from the parking revenue. We commend the ongoing work of the Clean and Safe Team and look forward to continuing this critical program in partnership with the City. Sincerely, Michael A. Ocasio President & CEO l:::»hon :.7,14.5 71.1900 I 271 N Sycarnore Street, Santa Ana, CA 92701 I Wnrww.sbfdoc.corn Downtown Inc 201 E 4th St. Suite T. Santa Ana, CA 92701 December 6, 2021 City Manager, Council and Mayor City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear City of Santa Ana Staff and Elected Officials, 1IVu SAC SANTA ANA BUSINESS COUNCIL, INC a.�.T9 Santa Ana Business Council 400 E 4th Street Santa Ana, CA 92701 RE: PLEASE SUPPORT THE CLEAN AND SAFE PROGRAM IN 2022 THIS LETTER SUPPORTS AGENDA ITEM 15. The Clean and Safe program is the foundation of Downtown Santa Ana's growth and success. On average, the Clean Team pulls 90,000+ bags, power washes. 5,800+ panels of sidewalk. Removes 12,000+ stickers, and removes 12,500+ graffiti markings from benches, bollards, parking meters, light poles and fixtures. This Clean and Safe program is funded by parking revenues to help create a clean and safe environment for residents, visitors and businesses. Due to parking revenue shortfalls from the pandemic, our Security Team was partially unfunded in 2021, but is returning as soon as possible due to critical need as they typically provide an average of 1,900+ visitors given directional assistance and 5,200+ calls for security service. New to the program in 2022 is additional partnership with the City where the Clean and Safe program will assist community events with cleanup and street closures as well as the addition of helping maintain the public space parklets created for outdoor dining areas during the pandemic. Quarterly Clean and Safe Meetings are held between downtown stakeholders and the City staff to work on issues and opportunities and review expenses, policies and capital improvements generated from the parking revenue. We commend the ongoing work of the Clean and Safe Team and look forward to continuing this critical program in partnership with the City. Sincerely, i Ryan Chase Raul Yanez President President Downtown Inc. Santa Ana Business Council Downtown Inc Board Santa Ana Business Council Board - Ryan Chase - Raul Yanez - Vanessa Pozzobon - Claudia Arrellanes - Lamson Nguyen - Arturo Lomeli - John Chen - Sam Romero - Denise Reynoso - Won Cha - Michael McCann - Mike Husain - Yvonne Flores - Alfredo Amezcua - Bil Schroeder - Veronica Alvarez - Oscar Olivares - Loni Paniagua - Eddie Quillares Jr - Alexis Garcez - Nestor Correa - Bethany Schemer - Gene Jimenez - Mario Reyes - Kim Tapfer - Bobbie Rooker Arturo Arrellanes - Robyn MacNair (Advisory)