HomeMy WebLinkAbout FULL PACKET_2009-04-06ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTIONS 30-6
AND 30-8 OF THE SANTA ANA MUNICIPAL CODE
AUTHORIZING IMPOSITION OF FEES FOR AN
APPLICANT SEEKING APPROVAL FOR A MAJOR
EXTERIOR MODIFICATION TO A HISTORIC
STRUCTURE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Since 2003, the City has required review and approval of any
person's request to make substantial physical exterior modifications
to a structure listed on the City's list of historic resources.
B. In some cases, the City's review of such applications have involved
extensive research, use of outside historic experts, and multiple
public hearings, including public hearings before the City Council
on appeal.
C. In other cases, which do not involve proposed substantial exterior
modifications, the City has established procedures for
administrative approval of modification requests by city staff which
eliminates the need for applications, extensive review or any public
hearings.
D. It is appropriate for the City to impose a reasonable application
processing fee on individual property owners who are seeking
approval by the City to make substantial physical exterior
modifications to historic structures.
E. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Ordinance No. NS-XXX
Page 1 of 5
11 A-1
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to
this Ordinance. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Ordinance. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves the negative declaration and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange
in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1),
the City Council has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project simply relates to processing fees. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment
of Fish and Game Department filing fees is not required in conjunction with this
project.
Section 3. Section 30-6 of the Santa Ana Municipal Code is hereby amended to
provide an application processing fee to individuals seeking to make substantial physical
exterior modifications to historic structures, such that it reads as follows:
Sec. 30-6. Modification of historic properties.
(a) No exterior physical modifications, other than those identified
by the historic resources commission for administrative approval by city
staff, shall be permitted with respect to an historic structure until the
historic resources commission approves such request at a duly noticed
public hearing and issues a certificate of appropriateness. The historic
resources commission shall issue the certificate of appropriateness upon
finding that the proposed modification(s) does not substantially change the
character and integrity of the historic property. The minutes of the historic
resources commission meeting shall serve as the official record.
(b) An application for exterior modification of a historic structure
shall be accompanied, except for those subject to administrative approval
by city staff pursuant to subdivision (a), by payment of an application fee
set in such amounts as shall be established by resolution of the city
council.
Ordinance No. NS-XXX
Page 2 of 5
11 A-2
(c) The building official may determine a historic property is a
dangerous building. Modifications as determined necessary by the
building official to correct the dangerous building shall not require a
certificate of appropriateness. Modifications shall be consistent with the
overall architectural design and historic character of the structure and
blend in with the surrounding environment.
Section 4. Section 30-8 of the Santa Ana Municipal Code is hereby amended to
provide an fee to individuals seeking to appeal to City Council applications to make
substantial physical exterior modifications to historic structures, such that it reads as
follows:
Sec. 30-8. Appeals from decisions of historic resources commission.
(a) An appeal from a decision or requirement of the historic
resources commission may be made by any interested party, individual or
group.
(b) Any appeal made under the terms of this section shall be
made within ten (10) calendar days following the date of the decision by
the historic resources commission, and shall be accompanied by payment
of an appeal fee set in such amounts as shall be established by resolution
of the city council. Further, such appeal period shall end at 5:00 p.m. on
the tenth calendar day following such date of the decision by the historic
resources commission. If such tenth calendar day ends on a Saturday,
Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next
regular business day. The formal action by the historic resources
commission shall become effective on the day following the first regularly
scheduled council meeting after the ten-day appeal period, unless the city
council, in compliance with section 41-643, section 41-644 or section 41-
645, holds a public hearing on the matter, then the decision of the city
council will become effective on the day following the hearing and decision
by the city council.
(c) All appeals shall be in writing and on forms provided by the
planning department and shall specify wherein there was any error of
decision or requirement by the commission. Furthermore, a copy of such
appeal shall be filed with the planning department and the clerk of the
council.
(d) Upon receipt of such appeal, the planning department shall
set the matter for hearing by the council.
(e) All appeals shall be heard in the same manner as prescribed
for the original hearing.
Ordinance No. NS-XXX
Page 3 of 5
11 A-3
(f) Upon filing of an appeal, the planning department shall
forward to the clerk of the council a copy of the written findings, maps,
papers and exhibits upon which the decision of the historic resources
commission was based.
(g) The council may, after public hearing, affirm, reverse,
change, or modify the original decision and may make any additional
determination it shall consider appropriate within the limitations imposed
by this chapter. Such decision shall be filed with the clerk of the council,
and the city planning department; one (1) copy thereof shall be sent to the
applicant.
Section 5. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
ADOPTED this day of 2009
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
Ordinance No. NS-XXX
Page 4 of 5
11 A-4
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 5 of 5
11 A-5
11 A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
APPOINTMENT OF MEMBER TO THE
SANTA ANA WORKFORCE INVESTMENT
BOARD
1.•~' ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve the nomination of and recommend that the Santa Ana City Council
appoint Ms. Sabrina Van Artsdalen, Workforce Specialist IV, as the
Workforce Investment Act Title I Programs representative on the Santa Ana
Workforce Investment Board.
WORKFORCE INVESMENT BOARD ACTION
At its Regular Meeting of March 13, 2009, by a vote of 21:0 (Campanella,
Jimenez-Hama, Lewis, Metzler, Pina, and Zarate absent), the Workforce
Investment Board recommended that the City Council approve the nomination
of and recommend that the Santa Ana City Council appoint Ms. Sabrina Van
Artsdalen, Workforce Specialist IV, as the Workforce Investment Act Title
I Programs representative on the Santa Ana Workforce Investment Board.
DISCUSSION
On March 6, 2000, the Santa Ana City Council adopted a resolution
establishing the Santa Ana Workforce Investment Board and appointed 35
members. In accordance with the federal legislation, a majority of the
Board members and the Board Chair must come from the private sector. The
remaining Board members represent education, non-profit organizations,
one-stop mandated partners and local labor organizations.
The Workforce Investment Act requires that the One-Stop, which provides
services under Title I of the Workforce Investment Act, have a seat on
the Workforce Investment Board. Ms. Sabrina Van Artsdalen, Workforce
Specialist IV, will be filling the seat vacated by the One-Stop
Coordinator. Her resume is attached (Exhibit 1).
13A-1
Appointment of Member to WIB
April 6, 2009
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nels n
Deputy City Manager for Development Services
Community Development Agency
CJN/LS/FJ/kcg
040609 WIB Appt - Van Artsdalen
13A-2
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13A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
DESTRUCTION OF
OBSOLETE CITY RECORDS
n,
~, J
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve the requests for the destruction of obsolete records from various
City departments in accordance with the retention schedule outlined in
City Council Resolution 2006-045.
DISCUSSION
On July 3, 2006, the City Council approved a resolution outlining the
records retention schedule for the agencies, departments, and offices of
the City. City records are governed by the Public Records Act which
provides the time in which records need to be kept. The Citywide Records
Team compiled the Citywide Records Retention Schedule which sets forth
the retention period for a particular record. The Municipal Code
requires that the destruction of a City record be approved by the City
Attorney.
In accordance with Section 5B of the Citywide Records Retention Schedule
Resolution, the City Attorney has approved the list of records proposed
for destruction from the departments as outlined in the attached
documents.
FISCAL IMPACT
There is no fiscal impact associated with this item.
19C-1
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Mark Lawrence, Executive Assistant to the City Manager
Date: March 16, 2009
Re: REQUEST FOR DESTRUCTION OF RECORDS
The City Manager's Office requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006-045.
Thank you.
19C-2
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
CITY MANAGER'S OFFICE
2009
RECORD RECORD RECORD EXPIRATION
CATEGORY SERIES DESCRIPTION DATES
Chronological Files Staff Memoranda and Correspondence April 1, 2007
and prior
Correspondence/ April 1, 2007
Chronological Files
Councilmember
Self-explanatory and prior
Council Requests Mayor Inquiries processed for Mayor April 1, 2007
and prior
Wards 1 through 6 Inquiries processed for Councilmembers April 1, 2007
and prior
Correspondence General Correspondence Self-explanatory April 1, 2007
and prior
Staff Inquiries processed for Staff April 1, 2007
and prior
Monthly Status City Manager Self-explanatory April 1, 2007
Reports and prior
Payroll Records Council/Staff Self-explanatory April 1, 2007
and prior
APPROVE:
David N. Rem Date
City Manager
RECORDS DESTROYED:
Volume
in Cubic Feet
Weight
in Pounds
CONSENT:
%~
_ -`~~~ ~~
Joseph W. Flet er Date
City Attorney
AUDITED BY:
Mark Lawrence Date
Assistant to the City Manager
19C-3
2~-'' ~R 23 ~P~ 9= I S
CiT ~ ~'- `' ° '7'~ ~~~A
CLEF , : ~~~l.i~
MEMORANDUM
To: Laura Sheedy, Assistant City Attorney
City Attorney's Office
From: Sharon Hennegen
Date: March 18, 2009
Re: REQUEST FOR DESTRUCTION OF RECORDS
The Clerk of the Council requests your consent to destroy city records on the attached listing,
in accordance with the retention schedule outlined in City Council Resolution 2006-045.
Thank you.
1 r
19C-4
CITY OF SANTA ANA
FINANCE AND MANAGEMENT SERVICES
(March 2009)
RECORD
CATEGORY RECORD
SERIES RECORD
DESCRIPTION RECORD
DATES
ACCOUNTS
PAYABLE and
Purchasing
Bids
Original bids, bids received, bid lists, advertising records 2004 and
prior
Travel Request and
Expense Report Self-explanatory 2007 and
prior
PREPARED BY:
,~~
i
3/23/09
Sharon Hennegen Date
Administrative Services Manage
Purchasing Division
RECORDS DESTROYED:
Number of Boxes
CONSENT BY:
Date ~
APPROVED BY:
'ti-i ~ ~ 1 Gam.-'~, . c ~_ ~k ~/ 3 l? 5 ~~
Joseph Fletcher
City Attorney
19C-5
CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
POLICE DEPARTMENT
Division Name:
Record
Category
Payroll
Prepared by:
Name: Lori Brown
Record Series ~ Record Description
Back up Leave of Absence chits;
documentation RPTR attendance reports;
Employment Certification forms
Temporary Upgrade forms
Shift differential pay forms
Salary Correction forms
Longevity Cash Out forms
Disciplinary Action forms
Part time payroll timesheets
Court Pay sheets
Pay Accrual reports
IOD/LOA work status sheets
Title: Management Aide
Date: .3` ` ~-Q
Number of boxes to be destroyed: 25
CONSENT BY:
Paul M. Walters, Chief of Police
Police Department
APPROVED BY:
~~~
Date
r; oseph Fletcher Date
City Attorney
Record Dates
12/31 /04 and
prior
Page 1 19C-6
" CITY OF SANTA ANA
OBSOLETE RECORDS DESTRUCTION SCHEDULE
POLICE DEPARTMENT
Division Name:
Records destroyed by:
Print Name & Badge # Signature
Date of destruction:
Once your records have been destroyed return this form to the Records Manager and keep
a copy of this form for your files.
Page 2 of 2
19C-7
19C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE
SEWER SYSTEM MANAGEMENT PLAN
i
CITY MANAGER
RECOMMENDED ACTION
Adopt the Sewer System Management Plan.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
The State Water Resources Control Board adopted Order No. 2006-0003 on
May 2, 2006 which requires the City to prepare and implement a Sewer
System Management Plan (SSMP). The main goal of the SSMP is to prevent
sanitary sewer overflows. The SSMP contains detailed procedures that
address all facets of operation and maintenance of the City's sewer
collection system.
On August 6, 2007 Council adopted a SSMP Development Plan and Schedule.
This development plan and schedule set target dates and milestones to
complete all of the required SSMP elements. Since that time, staff has
prepared the required plan elements including a revised Overflow and
Emergency Response Plan and updates to the Operation and Maintenance
Program. The other plan elements have also been revised as needed. The
final Sewer System Management Plan is now complete and ready for adoption
by Council.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
19D-1
Public Hearing -
April 6, 2009
Page 2
FISCAL IMPACT
Sewer System Management Plan
There is no direct fiscal impact associated with the adoption of this
SSMP. However, the SSMP requires a sewer main replacement program that
will require significant capital expenditures. The costs for sewer main
replacements will be paid out of the Sanitary Sewer Service fund.
APPROVED AS TO FUNDS AND ACCOUNTS:
~- 4
J es G. Ross Francisco Gutierrez
xecutive Director Executive Director
Public Works Agency Finance & Management Services Agency
19D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
April 6, 2009
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING OFFICE OF EMERGENCY
SERVICES PROGRAM GRANT AWARD
FUNDS
C~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"`~ Reading
^ Implementing Resolution
^ Set PubEic Hearing For_
CONTINUED TO
FILE NUMBER
Approve an Appropriation Adjustment accepting State of California Office of
Emergency Services Anti-Drug Abuse Program Grant funds of $63,000 to
revenue account (no. 155-O1-5372) and appropriate the same to expenditure
account (no. 155-366-6111-various).
DISCUSSION
The State of California, Office of Emergency Services has awarded the
County of Orange an Anti-Drug Abuse Program Grant in the amount of
$620,288. The Santa Ana Police Department, Orange County Sheriff's
Department, Orange County District Attorney's Office, Orange County
Probation Department, and the Bureau of Narcotic Enforcement currently have
personnel assigned to the Orange County Methamphetamine Laboratory
Investigation Team. As a participating member of this grant program, the
Santa Ana Police Department will receive $63,000 in grant funds for
salaries and overtime related to the team's enforcement activities. Staff
recommends approval of the recommended actions as the grant program
supports the investigation of clandestine methamphetamine operations. This
team functions as Orange County's sole and unique proactive effort against
methamphetamine laboratory operators. Methamphetamine is the primary drug
investigated by law enforcement authorities and poses a significant threat
to local communities.
20A-1
OES Anti-Drug Grant
April 6, 2007
Page 2
FISCAL IMPACT
The appropriation adjustment will enhance the Police Department's Office of
Emergency Services Anti-Drug Abuse Grant Revenue Account (no. 155-O1-5372)
by an amount of $63,000 and the expenditure appropriation for the Police
Department's Office of Emergency Services Anti-Drug Abuse Grant Expenditure
Account (no. 155-366-6111-various) by the same.
APPROVED AS TO FUNDS AND ACCOUNTS:
.-~(~
Paul M. Walters
Chief of Police
Police Department
~~
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
20A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT RENEWAL FOR
MOTORCYCLE PARTS AND
(SPEC. NO. 06-182)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
POLICE ^ As Amended
REPAIR ^ Ordinance on 1S` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CI Y MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Renew the contract with Seavco d/b/a Irv Seaver Motorcycles for motorcycle
parts and repairs for a one-year period in an annual amount not to exceed
$175,000.
DISCUSSION
The Fleet Maintenance Division of the Finance and Management Services
Agency is responsible for the maintenance and repair of the Police
Department's 34 motorcycles. Service ranges from preventive maintenance of
brakes, tires and steering components, to repairs due to accident damage.
The motorcycles must be maintained in the highest quality condition to meet
federal, state and local codes. The contracts require that maintenance must
be provided by factory trained, certified technicians for liability
purposes.
On February 5, 2007, the City Council awarded contracts to four vendors for
police motorcycle parts and repair for a two-year period with provision for
two one-year renewals. Irv Seaver Motorcycles has performed satisfactorily
during the past contract period and has agreed to renew the contract at the
same rate structure. Therefore, staff recommends the first renewal of the
contract at $175,000. The remaining three vendor contract amounts will not
exceed the $25,000 annual limit that requires City Council approval.
FISCAL IMPACT
Funds are available in the Equipment
(no. 75-111-6281).
y Francisco Gutierrez ~~/
''- Executive Director
Finance and Management Services Agency
Maintenance Garage Operation account
FG/KM/06-182R ~~ /~ ~~
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
April 6, 2009
TITLE:
CONTRACT AWARD FOR SAFETY
GLOVES
(SPEC. NO. 08-076)
C TY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15S Reading
^ Ordinance on 2rd Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Fisher Safety for safety gloves for a one-year period
with provision for three one-year renewals in an annual amount not to
exceed $35,000.
DISCUSSION
The Central Stores section of the Finance and Management Services Agency
provides safety gloves to various departments throughout the City for use
in the performance of their duties. Included are neoprene gloves for use
with chemicals, puncture-resistant gloves, canvas and leather work gloves,
and disposable rubber gloves. The contract for safety gloves is designed to
provide quality products at significant savings based on quantity pricing.
The notice inviting bids was advertised on December 30, 2008 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
8 Invitations For Bid mailed
1 Invitation For Bid mailed to a Santa Ana vendor
9 Bids received
1 Bid received from a Santa Ana vendor
Bids were received and opened on January 12, 2009 and evaluated (Exhibit
1) The bid received from Fisher Safety is responsive to the specification
and meets the City's requirements.
22B-1
Contract Award for Gloves
April 6, 2009
Page 2
FISCAL IMPACT
Funds are available in the various departmental operating accounts (object
code 63 91) .
`='5~~.
,~ Francisco Gutierrez ,~I
~ Executive Director iw
Finance and Management Services Agency
22B-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR SAFETY GLOVES (08-076)
Vendor Fisher Safety Northtown
Products Calolympic Safety BRW Safety &
Supply
Location Wildomar Huntington Beach Corona Santa Ana
Total $44,731.00 $46,497.90 47,379.94
$47,440.78
(includes 1% local pref)
Vendor Uniforms
Manufacturing Inc. Tricor Direct, Inc. Kathco Products B & T International
Location Scottsdale, AZ Branford, CT Commerce Atlanta, GA
Total Partial Partial Partial Partial
Vendor Mar-Vel
International, Inc.
Location Pennsauken, NJ
Total Partial
Exhibit 1
22B-3
22B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR STREET
SWEEPER BROOM REWRAP
(SPEC. NO. 09-007)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to West Coast Equipment, Inc. for street sweeper broom re-
wrap service for a one-year period, with provision for two one-year
renewals in the annual amount not to exceed $60,570.
DISCUSSION
The Fleet Maintenance Division of the Finance and Management Services
Agency is responsible for the maintenance and repair of 11 street sweepers
used by the Public Works Agency. The street sweepers clean over 60,000
miles of city streets annually. The brooms on the sweepers require periodic
rewrapping to maintain effectiveness.
Bids were solicited and opened on February 13, 2009, and evaluated (Exhibit
1) A summary of the bid invitations and bids received is as follows:
6 Requests For Bid mailed
2 Bids received
The bid received from West Coast Equipment, Inc. is responsive to the
specifications and meets the City's requirements.
FISCAL IMPACT
Funds are available in the Equipment Maintenance Garage Operations account
(no. 75-111-6391).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FM/KM/09-007 AA~_~
ABSTRACT OF BIDS
CONTRACT AWARD _ _
STREET SWEEPER BROOM RE-WRAP ',
(SPEC. 09-0007)
i_
_
,
i
_
-
___
VENDOR WEST COAST AMERICAN ROTARY
!EQUIPMENT INC. BROOC CO, INC.
LOCATION II GLENDALE. AZ 'ANNUAL ANNUAL ESCONDIDO CA ANNUAL ANNUAL
_ - _ - USAGE DOLLARS
' USAGE DOLLARS
TERMS !
12$ IN 21 DAYS 2.5% IN 20 DAYS
___ _ _
NET 30
MAIN BROOM-METAL CORE
POLY WRAP KIT $ 200.00 51 $ 10,200 $ 212.79 51 $ 10,852
POLY WRAP .RECONDITIONING $ 100.00 51 $ 5,100 $ 155.27 51 $ 7,919
GUTTER BROOM - '
}_
STEELWRAP KIT
_ _ t $ 40.00 ', 4.69 $ 18,760 $ 61.27 469 ~, $ 28,736
STEELWRAP RECONDITIONING ' $ 40.00 469 ! $ 18,760 ', $45.16 469 $ 21,180
CORE MATERIAL POLYPROPYLENE
_ _
HYDRAULIC DRIVE MOTORS
$ 714.35
$ 429 68
,..MFG: PARKER $ 52,820 MFG: ROSS $ 68,687
SALES TAX ON MATERIAL / NOT RECONDITIONING TAX ~
$ 2,244
$
3,068
'_ $ 55,064 $ 71,755
+ 10% CONTINGENCY ON CONTRACT $ 5,506
__ ___ _ $ 60,570
:
- . - ---
__
_ --_
;-_ _
SiJN~lARY OF BID AWARD WEST COAST
TOTAL AWARD IN THE AMOU NT ' - - -
OF. EQUIPMENT INC
TOTAL AWARD $ 60,570.00
j I
Exhibit 1.
22C-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR
REPROGRAPHICS PAPERS AND
ENVELOPES (SPEC. NO. 09-008)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1s1 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Reject the bid from D.D. Office Products, Inc. d/b/a Liberty Paper
as nonresponsive to the specifications.
2. Award a contract to Unisource Worldwide Inc. for reprographic papers
and envelopes for a one-year period, with provision for two year
renewals in the annual amount not to exceed $110,000.
DISCUSSION
The Finance and Management Services Agency's Central Services division
stocks copier, laser and specialty papers for in-house duplicating services
for departments throughout the City. In addition, the Police Department's
Central Distribution Center stocks copy paper for various divisions and the
Holding Facility.
Bids were solicited and opened on February 13, 2009, and evaluated. A
summary of the bid invitations and bid received is as follows:
13 Requests For Bid mailed
2 Bid received
The City strives to purchase environmentally responsible products,
including paper. Therefore, the bid specification required that the
reprographic paper to be Forest Stewardship Council certified, an industry
standard that ensures the harvesting was achieved in a sustainable fashion.
D.D. Office Products, Inc. d/b/a Liberty paper was found to be
nonresponsive to the specification, as the vendor and copy paper brand did
not provide this certification. The bid received from Unisource Worldwide
Inc is responsive to the specifications and meets the City's requirements.
22D-1
Contract Award for Reprographic Papers and Envelopes
April 6, 2009
Page 2
FISCAL IMPACT
Funds are available in the Finance & Management Central Services account
(no. 71-176-6391), and the Police Property & Facilities account (no. 11-
343-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
Paul M. Walters'F'rancisco Gutierrez ~,,,~
Chief of Police Executive Director
Finance and Mgmt. Services Agency
PMW/KM/09-008
22D-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR TONER
CARTRIDGES & SUPPLIES
(SPEC. NO. 09-012)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award contracts for the purchase of toner cartridges and supplies for a
one-year period, with provision for two one-year renewals in the annual
aggregate amount not to exceed $125,000 with the following vendors:
Vendor Location
CVR Computer Supplies Cherry Hill, NJ
Corporate Express Imaging Poway
Office Depot Signal Hill
DISCUSSION
The City of Santa Ana utilizes copiers and printers throughout the
organization, necessitating the purchase a variety of toner cartridges.
Currently the City purchases over 200 different cartridges ranging in
value from $22.00 for small ink jet printers to $365 for color laser
printers. The estimated cost of replacing toner cartridges and toner
supplies for the next year is $125,000.
The notice inviting bids was advertised on February 19, 2009 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
11 Requests for Bid mailed
1 Requests for Bid mailed to Santa Ana vendors
10 Bids received
22E-1
Contract Award for Toner Cartridges and Supplies
April 6, 2009
Page 2
Bids were solicited and opened on March 4, 2009. Bids were evaluated based
on a sample of printer cartridges (Exhibit 1) . The bids received from CVR
Computer Supplies, Corporate Express Imaging and Office Depot is
responsive to the specifications and meets the City's requirements.
Staff recommends awarding contracts to the three listed vendors to allow
for solicitation of competitive quotes whenever toner cartridges and
supplies are requested. The action will provide the most efficient
method of obtaining necessary toner cartridges and supplies at a
significant savings based on quantity pricing.
FISCAL IMPACT
Funds are available in the various Operating Materials & Supplies accounts
(object code 6391).
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
FG/SH/09-0012
22E-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR TONER CARTRIDGES AND SUPPLIES
INVITATION FOR BID #09-012
Vendor
Location
Total Cost
Vendor
Location
Total Cost
Vendor
Location
Total Cost
Vendor
Location
Total Cost
CVR Computer Corporate Express Office Depot
Supplies Imaging
Cherry Hill, NJ Poway Signal Hill
$24,554.00 $27,196.63 $28,796.56
GST OM Office Supply Future Computing
Solutions
Cerritos Mechanicsburg, PA Yorba Linda
$29,178.92 $30,159.55 $30,186.16
Office Max
Garden Grove
$30,489.26
Impex Technical Kings Canyon Tech
Torrance
$30, 541.41
Clovis
$34,750.37
Divine Visual
Miami, FL
$36,032.95
22E-3
22E-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AMENDMENT FOR MOTOROLA
PORTABLE RADIOS (SPEC. NO.
06-157)
ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Amend the contract with Motorola for the purchase of Motorola portable
radios in an amount not to exceed $600,000.
DISCUSSION
The United States Department of Homeland Security, in conjunction with the
National Telecommunications and Information Administration has developed
the Public Safety Interoperable Communications (PSIC) funding program.
PSIC provides funds to assist public safety agencies to upgrade portable
radios to ensure first responders, both Police and Fire, have the
capability to communicate with Federal and State agencies during an
emergency.
The California Emergency Management Agency (Cal-EMA) has allocated
$6,189,010 for this project and the County of Orange has identified a need
to purchase upgraded Motorola radios for first responders throughout the
County. This upgrade will allow compliance with Federal regulations
regarding interoperable communications that becomes law in 2010. This one
time opportunity allows both agencies to leverage grant funds for this
purchase while alleviating the eventual overall cost to the City.
22F-1
Contract Amendment for Radios
April 6, 2009
Page 2
FISCAL IMPACT
The PSIC grant covers 80~ of the total cost of the purchase, with the City
of Santa Ana responsible for a 20~ match in an amount not to exceed
$120,000. The 80~ PSIC grant cash advance will be drawn down prior to the
purchase, eliminating any additional costs. Funds are available in the FY
2007 PSIC Grant account (no. 125-339-6641), Police Building and Facility
account (no. 11-350-6641), and Fire Department, Communication, Capital
Equipment account (no. 11-322-6641).
APPROVED AS TO FUNDS AND ACCOUNTS:
i
~~---
Paul M. Walters
Chief of Police
Police Department
~LNJ`.~ ~L~C L~ a ~ r`~
Francisco Gutierrez
Executive Director
Finance & Mgt. Services Agency
22F-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR
ON-CALL SANITARY SEWER
LINING SERVICES
(SPEC. NO. 09-010)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to RePipe-California, Inc., for on-call sewer lining
services for a one-year period, with provision for three, one-year renewals
in an annual amount not to exceed $500,000.
DISCUSSION
The Public Works Agency's Water Resources Division maintains a sanitary
sewer system consisting of approximately 390 miles of pipelines and 8,500
manholes. Since 2003 the City has been conducting ongoing closed-circuit
digital video assessments of the City sewer system. Of the data collected,
approximately 22 miles of sanitary sewer main have been assessed as
suitable for rehabilitation. These locations have been identified as non-
capacity issues, but have structural defects such as holes, cracks and root
intrusions making them suitable for pipe lining repair. The CIP pipe
liners are the most efficient and cost effective (TRENCHLESS) method
available for the repair of sewer pipes.
The notice inviting bids was advertised on February 5, 2009 and bids were
solicited. A summary of the bid invitations and bids received is as
follows:
9 Invitations For Bid mailed
5 Bids received
Bids were received, opened on February 25, 2009, and evaluated (Exhibit 1).
To evaluate costs, vendors provided quotations for representative repair
projects that included various conditions and locations. The Engineer's
estimate for the projected quantity of repairs was $500,000. The bid
received from RePipe-California, Inc. is responsive to the specifications,
meets the City's requirements, and is lower than the Engineer's estimate.
Therefore, the quantity of sewer repairs that can be completed this year
will be greater than projected.
22G-1
Contract Award for On-Call Sanitary Sewer Lining Services
April 6, 2009
Page 2
FISCAL IMPACT
Funds are available in the Sanitary Sewer Service Improvements account (no.
56-575-6631) .
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. oss
Executive Director
Public Works Agency
,~ Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
JGR/WO/09-010.9:
22G-2
ABSTRACT OF BIDS
CONTRACT AWARD FOR ON-CALL SANITARY SEWER LINING SERVICES
INVITATION FOR BID# 09-010
Vendor Re Pipe
California, Inc.
Location Ontario
Total Cost $247,325.00
Vendor Sancon
Engineering, Inc.
Location Huntington Beach
Total Cost $471,050.00
Exhibit 1
Insituform Southwest Pipeline
Technologies, Inc. & Trenchless, Corp.
Chesterfield, MO Gardena
$324,100.00 $392,855.00
J.F. Pacific
Liners, Inc.
Vacaville
$498,475.00
22G-3
22G-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AMENDMENT
BRASS WATER SERVICE
(SPEC. NO. 07-057)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
FOR ^ As Amended
FITTINGS ^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
C Y MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Amend the contract with Wells Supply Company for brass water service
fittings by $23,000 for a total annual amount not to exceed $98,000.
DISCUSSION
The Public Works Agency (PWA) Water Division delivers approximately 43,000
acre feet of water to businesses and residents in Santa Ana. To do so, PWA
maintains an extensive distribution system that includes 20 active wells,
seven pumping stations and reservoirs, and seven import water connections,
as well as miles of water pipe. In order to perform maintenance and
repairs on this extensive system, PWA requires an assortment of materials
such as bushings, flanges, nuts, and stops. The materials are purchased
through the Central Stores warehouse for distribution. The contract for
brass water service fittings is designed to provide quality products at a
significant savings based on quantity pricing.
On September 3, 2008, the City Council renewed a contract with wells Supply
Company, a Santa Ana vendor, for brass water service fittings. An increase
in demand for items, including a large purchase of water spools and a wide
variety of non-contract item purchases such as clamps, tees, and copper
tubing, requires an increase in the current contract of $75,000. Staff
requests approval to increase the contract limit to Wells Supply Company to
provide uninterrupted purchases of brass water service fittings.
22H-1
Contract Amendment for Brass Water Service Fittings
April 6, 2009
Page 2
FISCAL IMPACT
Funds are available in the Water Utility Water Systems Maintenance and
Water Quality & Measurement accounts (nos. 64-575-6391 and 64-578-6391).
APPROVED AS TO FUNDS AND ACCOUNTS:
ao o
James G. Ross ~ c~ Francisco Gutierrez ~"'
Executive Director Executive Director ~'"
Public Works Agency Finance & Mgmt. Services Agency
JGR/WO/07-057A1.9:
22H-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
REJECTION OF BIDS FOR
MEMORIAL PARK POOL RENOVATION
(PROJECT NO. 08-6016-C)
^ As Recommended
^ As Amended
^ Ordinance on 1ST Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
MANAGER
'RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
FILE NUMBER
Reject all bids for the Memorial Park Pool Renovation.
DISCUSSION
Santa Ana Memorial Park Pool was constructed in 1961 and was last
renovated in 1994 (Exhibit 1) Further renovation is necessary at this
time to meet health code regulations and reduce maintenance expenses.
This project provides for the repair of leaks and the replacement of
mechanical equipment, pool plaster, tiles, and underwater lights. Once
completed, the renovation will improve the safety and visual appearance
of the pool and reduce maintenance costs.
The Notice Inviting Bids was advertised on February 11, and 13, 2009,
and bids were opened on March 4, 2009. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 15
Contractors requesting bidding documents: 10
Bids received: 2
Bids received from Santa Ana Contractors: 0
NAME OF BIDDER
CITY
BID AMOUNT
1. J. M. Pools & Spa, Inc. Rancho Cucamonga $203,108.80
2. Condor, Inc. El Monte $228,445.00
23A-1
Reject of bids for Memorial
Park Pool Renovation
April 6, 2009
Page 2
Two bids were received. After bids were opened, Condor, Inc. submitted a
bid protest in accordance with bidding instructions indicating several
irregularities in the bid submitted by J. M. Pools & Spa, Inc. A protest
hearing was held by the Executive Director of Public Works on March 18,
2009.
After reviewing the bidding documents and information provided by the
bidders, staff concluded that some irregularities existed in the bid
submitted by J. M. Pools & Spa, Inc. and were due, in part, to unclear
direction provided in the contract documents. In addition, staff was
uncertain that the pool construction, if started in mid-April, would be
completed before the Memorial Day weekend, the official time the pool
opens every year.
Therefore, staff recommends that all bids be rejected. Rejecting all
bids and re-bidding will be fair to all contractors wishing to bid on
the Project. Following Council action, staff will revise the contract
documents to clarify any ambiguities and re-bid the project at the end
of this summer.
ENVIRONMI3NTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
r ~L-'
es G. Ross
cutive Director
lic Works Agency
Gerardo Mouet
Executive Director
Parks, Recreation, and
Community Services Agency
K:\Construction\RFCA-draft\04-06-09 Memorial Pool OS-6016 ET 25WD.doc
23A-2
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PROJECT LIMITS
SANTA ANA
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PUBLIC NGRKS AGENCY
SAINT ANDREW
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EXHIBIT 1
REJECTION ~ BIDS FOR
MEMORIAL PARK POOL RENOVATION
(PROJECT NO. OS-fi016-C)
23A-3
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23A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR FIFTH STREET
AND MCFADDEN AVENUE BRIDGES
REHABILITATION CROSSING OVER
THE SANTA ANA RIVER (PROJECT
NOS. 1777 AND 1778)
^ As Recommended
^ As Amended
^ Ordinance on 15` Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
~ _,
APPROVED
FILE NUMBER
C
RECOMMENDED ACTION
1. Award a contract to Beador Construction Company Inc., the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $2,414,300 for construction of Fifth
Street and McFadden Avenue Bridges Rehabilitation project over the
Santa Ana River.
2. Approve a Funding Analysis with a total estimated construction cost
of $3,017,800.
DISCUSSION
This project involves the rehabilitation of the Fifth Street and McFadden
Avenue Bridges over the Santa Ana River (Exhibit 1.) The project consists
of sidewalk and guardrail replacement, and placement of a polyester
concrete deck overlay on the bridges. The roadways leading to the bridges
will also be improved with asphalt concrete overlay. Once completed, the
proposed improvements will enhance the safety and aesthetics of the
bridges.
The Notice Inviting Bids was advertised on November 24 and 26, 2008, and
bids were opened on December 17, 2008. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 15
Contractors requesting bidding documents: 27
Bids received: 7
Bids received from Santa Ana Contractors: 0
23B-1
Contract Award For Fifth Street and
McFadden Avenue Bridge Rehabilitation
April 6, 2009
Page 2
NAME OF RESPONSIVE BIDDER CITY BID AMOUNT
1. Beador Construction Company, Inc. Corona $2,414,300.00
2. J. McLoughlin Engineering Rancho Cucamonga $2,565,287.50
3. Peterson-Chase General Engineering Irvine $3,175,625.00
4. 4-Con Engineering Riverside $2,762,472.50
5. LH Engineering Anaheim $2,775,850.00
6. Denboer Engineering & Construction Thousand Palms $3,175,625.00
7. Abbot Contracting & Engineering Norco $3,357,722.50
A total of seven bids were received and all were responsive. The lowest
bid was submitted by Beador Construction Company Inc., for $2,414,300,
which is above the Engineer's estimate of $1,798,163.
ENVIRONMENTAL IMPACT
Environmental Review Nos. 2009-2 and 2009-3 have been completed and
categorical Exemptions will be filed for the Project pursuant to the
California Environmental Quality Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$3,017,800 for the project {Exhibit 2.) Funds are available in the
Highway Bridge Replacement Rehabilitation Fund {account no. 59-551-6631}
and the Measure M Turnback Fund (account no. 32-551-6631).
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. R ss Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt. Services Agency
K:\Construction\RFCA-draft\1777 CONTRACT AWARD 2009-04-06 100WD
23B-2
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- BRIDGE REHABILITATION
EXHIBIT 1
CITY COUNC I L Tdle=
AGENDA FIFTH AND MCFADDEN BRIDGE REHABILITATION
DATE: CROSSING OVER SANTA ANA RIVER
APRIL 6, 2009 ~ PROJECT Nos. 1777 AND 1778
INT51
23B-3
FUNDING ANALYSIS
PROJECT NOS. 1777 AND 1778
FIFTH STREET AND MCFADDEN AVENUE BRIDGE
REHABILITATION CROSSING OVER THE SANTA ANA RIVER
Construction Contract
$2,414,300
Contract Administration 72,070
Inspection and Testing 160,000
Survey Staking 130,000
Contingencies 241,430
TOTAL ESTIMATED CONSTRUCTION COSTS $3,017,800
Exhibit 2
23B-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONTRACT AWARD FOR CIVIC CENTER
DRAINAGE AND PAVEMENT IMPROVEMENTS
(PROJECT NOS.09-9103-M, 09-9104-M
AND 09-9105-C)
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Award a contract to Belaire West Landscape, Inc., the lowest
responsible bidder, in accordance with unit bid lump sum prices for
the base bid plus add-on alternate one in the estimated amount of
$218,525 for construction of Civic Center Drainage and Pavement
Improvements.
2. Approve an appropriation adjustment recognizing $310,000 in the Civic
Center Maintenance fund revenue account (no. 74-O1-5324) and
appropriate same to the Civic Center Maintenance fund expenditure
account (no. 74-243-6631) for construction of Civic Center Drainage
and Pavement Improvements.
3. Approve a Funding Analysis with a total estimated construction cost
of $273, 100.
DISCUSSION
This project addresses improvements in three areas in the Civic Center
(Exhibit 1). The planter drainage system at the main entrance of the
Police Department building has deteriorated beyond repair. This project
provides for installation of a larger drainage pipe and cleanout
structures to enhance the drainage system. Also, the walkway surfaces at
the library parking structure are stone tiles that have been broken or
degraded and were repaired individually. The project provides for
replacement of existing tiles with a uniformly colored concrete surface.
In addition, the existing concrete pad of the inner courtyard will be
replaced with decomposed granite and the existing concrete in the front
will be replaced at the County Sheriff's Administration Building.
23C-1
Contract Award For Civic
Center Drainage and
Pavement Improvements
April 6, 2009
Page 2
The Notice Inviting Bids was advertised on February 13 and 18, 2009, and
bids were opened on March 5, 2009. A summary of the bid invitations
mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 0
Contractors requesting bidding documents: 7
Bids received: 3
Bids received from Santa Ana Contractors: 0
NAME OF RESPONSIVE BIDDER CITY BID AMOUNT
1. Belaire West Landscape, Inc. Buena Park $218,525.00
2. Green Giant Landscape, Inc. La Habra $244,185.00
3. T K Engineering Company Los Angeles $268,137.50
A total of three bids were received and all were responsive. The lowest
bid was submitted by Belaire West Landscape Inc., for $218,525, which is
below the Engineer's estimate of $285,000.
ENVIRONMENTAL IMPACT
In accordance with California Environmental Quality Act, the proposed
project is exempt from future review. Categorical Exemption
Environmental Review Nos. 2009-32, 2009-33, and 2009-34 will be filed
for this project. In addition, a Certification of Categorical Exclusion
and Statutory Worksheet have been prepared in accordance with National
Environmental Policy Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of
$273,100 for the project (Exhibit 2). The appropriation adjustment will
enhance the Civic Center Maintenance fund revenue (account no. 74-01-
5324) and expenditure (account no. 74-243-6631) by $310,000. With
approval of the appropriation adjustment, funds are available in Civic
Center Maintenance Fund (account no. 74-243-6631).
23C-2
Contract Award For Civic
Center Drainage and
Pavement Improvements
April 6, 2009
Page 3
U~
James G. Ros
Executive Director
Public Works Agency ~
Gerardo Mouet
Executive Direc or
Parks, Recreation, and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
K:\Construction\RFCA-draft\04-06-09 CC DrainageImprv 09-9103 40 WD
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EXHIBIT 1
SANTA ANA
CITY COUNCIL CIVIC CENTER DRAINAGE AND
P W A AGENDA DATE: PAVEMENT IMPROVEMENTS
APRIL 6, 2009 (PROJECT NOS. 09-9103-M, 09-9104-M & 09-9105-C)
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23C-4
PROJECT 09-9103-M PROJECT 09-9104-M
PLANTER DRAINAGE PAVEMENT
IMPROVEMENTS IMPROVEMENTS
FUNDING ANALYSIS
PROJECT NOS. 09-9103-M, 09-9104-M AND 09-9105-C
CIVIC CENTER DRAINAGE AND PAVEMENT
IMPROVEMENTS
Construction Contract
$218,525
Contract Administration $5,723
Inspection and Testing
$16,000
Survey Staking $11,000
Contingencies $21,852
TOTAL ESTIMATED CONSTRUCTION COSTS 273,100
Exhibit 2
23C-5
23C-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
LEASE AGREEMENT WITH
OMNIPOINT COMMUNICATIONS INC
FOR CELLULAR ANTENNA AT
THORNTON PARK
CIT MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 1S` Reading
Ordinance on 2"d Reading
Implementing Resolution
Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute the attached lease agreement with
Omnipoint Communications Inc (T-Mobile) for the installation of a
stealth monopole sports lighting antenna and equipment building at
Thornton Park, subject to non-substantive changes approved by the City
Manager and the City Attorney.
2. Approve an appropriation adjustment recognizing $23,040 in the Capital
Outlay Fund revenue account (no. 51-01-5799) and appropriate same to
the Capital Outlay Fund expenditure account (no. 51-250-6631).
3. Receive and file Categorical Exemption for Environmental Review Nos.
2009-13 (Thornton Park).
BOARD OF RECREATION AND PARKS
Recommended approval of lease agreement with Omnipoint Communications Inc.
(T-Mobile) for installation of a cellular equipment building and sports
lighting monopole cell tower at Thornton Park, at their meeting of November
19, 2008, by unanimous vote of 8:0:0.
DISCUSSION
Omnipoint Communications Inc (T-Mobile) is proposing the installation of a
stealth monopole sports lighting antenna at Thornton Park to improve their
communication reception in the area. On November 5, 2008, staff presented
T-Mobile's proposal to the Thornton, Metro Classic and Morning Sun
Neighborhood Associations. Staff addressed concerns related to health
issues, maintenance responsibility, construction impact, park improvements
and use of revenues for deferred maintenance of Thornton Park. The
community was satisfied with the answers and pleased that the revenues
would be used for improvements at Thornton Park and approved the T-Mobile
cell tower proposal with the consideration that the existing flagpole be
lighted under this project. 2 5A-1
Lease Agreement with Omnipoint
Communication Inc.
April 6, 2009
Page 2
On November 19, 2008, the Board of Recreation and Parks approved the
stealth monopole sports lighting antenna, an equipment building and lighted
flagpole improvements at Thornton Park. The lease agreement with Omnipoint
Communications, Inc. (T-Mobile) is for a 300 square feet lease area (15' X
20' equipment room). T-Mobile will build an equipment building 20 by 45
feet on the south-east side of Thornton Park ball fields, which includes
space for a future carrier (Exhibit 1) T-Mobile agreed to install the
necessary electrical service and lighting to light the existing flag pole
between the two ball fields.
The lease term is for 10 years, with three 5 year extension options . The
revenue from this lease is $2,400 per month ($28,800 per year). The city's
consultant (ATS Communications) will receive 20 percent ($5,760) of the
revenue annually for assisting in the negotiations and construction
administration of the lease agreement. The agreement also includes a 4
percent per year increase for the term of the lease. T-Mobile will provide
all the proper insurances and obtain the necessary City permits prior to
construction. The terms of this agreement are similar to other city cell
tower agreements.
Cell tower revenues originally were intended to address deferred
maintenance in the park affected by the cell tower. Due to the city's
current economic challenges, future cell tower revenues will now be used to
fund general park landscaping and maintenance city wide. This proposed
reallocation of funds is temporary until the City's financial condition
improves.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the
recommended action is exempted from further review. Categorical Exemption
Environmental Review No. 2009-13 (Thornton Park) will be filed for this
project.
25A-2
Lease Agreement with Omnipoint
Communication Inc.
April 6, 2009
Page 3
FISCAL IMPACT
This appropriation adjustment will recognize $23,040 in the Capital Outlay
Fund revenue account (no. 51-01-5799) and appropriate same to the Capital
Outlay Fund expenditure account (no. 51-250-6631) for landscape maintenance
of city parks.
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Moue
Executive Director
Parks, Recreation and
Community Services Agency
Francisco Gutierrez /-i.,.~"
Executive Director ~~
Finance & Mgmt Services Agency
25A-3
2 5A-4
LAND LEASE AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC.
for
CARL THORNTON PARK
This Agreement, made this day of , 2009, between the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State of California
hereinafter designated "LESSOR" and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a
Delaware corporation, hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively
referred to hereinafter as the "Parties".
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
commonly known as Carl Thornton Park (the entirety of LESSOR'S property is referred to hereinafter as "the
Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1801 W. Segerstrom
Ave., Santa Ana, CA 92704 and being described as a fifteen foot (15') by twenty foot (20') space on the ground
containing three hundred (300) square feet, for LESSEE's radio equipment cabinets, and space required for cable
runs to connect LESSEE'S equipment and antennas, together with the non-exclusive right for ingress and egress
from and to the nearest public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any
restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said
demised premises and access and utilities paths (hereinafter collectively refereed to as the "Premises") for access
being substantially as described herein in Exhibit "B" attached hereto and made a part hereof.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached
hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and
Exhibit "A". Costs incurred for such work shall be borne by LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided,
however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined
below).
4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of
twenty-seven thousand three hundred dollars ($27,300.00) to be paid in equal monthly installments of two thousand
two hundred and seventy-five dollars ($2,275.00) per month on the first day of the month, in advance, to LESSOR
or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30)
days in advance of any rental payment date. Rent shall commence on the first day of the month following the
issuance of the building permit for LESSEE'S Facilities (as defined below), or the first day of the month that is six
(6) months after the full execution of this agreement or the first day of the month following the date LESSEE
commences installation of LESSEE'S Facilities on the Premises, whichever occurs first ("Commencement Date").
If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable
notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current
monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis.
5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date.
6. INITIAL PAYMENT. In recognitions that the Commencement Date may not occur concurrent
with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to LESSOR cone-time, non-
recurring, non-refundable payment equal to one (1) months rent, within thirty (30) days after the Commencement
Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due
to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities,
within 6 months after the full execution of this agreement..
7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year
(5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein
as follows:
Site#: LA13160A 1
Site Name: Carl Thorton Park 25A 5
Date: 3/20/2009
(i) six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines
that LESSEE'S continued tenancy is not in conformity with LESSOR'S intended use of the Property, LESSOR shall
provide written notice to LESSEE that the Lease will not be extended.
(ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines
that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then
current term,; Within sixty (60) days of receipt of LESSEE'S notice, LESSOR shall determine whether such
extension is in LESSOR'S best interest and, if not in LESSOR's interest, LESSOR shall deny such extension
request.
If Lessor does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal
Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis.
8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE'S ability to use the
Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
"Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory
soil boring tests which will permit LESSEE'S use of the Premises as set forth herein. LESSOR shall cooperate with
LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the
Property with respect to the proposed use by LESSEE.
Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the
Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable)
and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE'S
Facilities (defined below) and for the purpose of preparing for the construction of LESSEE'S Facilities. In the event
that any of such applications for such Governmental Approvals should be finally rejected or any Governmental
Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the
Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for
its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right
to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the
LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no
further obligations including the payment of money, to each other.
9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE'S Facilities (defined
below), LESSEE shall obtain LESSOR's approval of LESSEE'S work plans, which approval shall not be
unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her
designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must
comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR'S receipt of
LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing within such
fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be
entitled to receive any additional consideration in exchange for giving its approval of LESSEE'S plans.
10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with
the provisions of mobile/wireless communications services, including without limitation, the transmission and the
reception of radio communication signals on various frequencies and the construction, maintenance, and operation
of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install,
repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency
transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
receiving antennas and supporting structures and improvements ("LESSEE'S Facilities"). All improvements shall
be at LESSEE'S sole expense and the installation of all improvements shall be at the discretion and option of
LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said
approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or
improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings
("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE'S
Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or
personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace,
substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE'S Facilities for the
purpose of repairing or upgrading the communications capabilities of LESSEE'S Facilities, with notice to LESSOR,
so long as the equipment, cables or antennas remain within the original physical parameters of the Premises.
LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval
Site #: LA13160A 2
Site Name: Carl Thorton Park 2 5A 6
Date: 3/20/2009
of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the
provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to
the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by
LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said
services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR.
LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local
law.
LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent
with the approved plans for the project. The materials actually used must match up with the proposed materials and
artistic renderings. LESSOR shall provide LESSEE, LESSEE'S employees, agents, contractors, subcontractors and
assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE.
LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants
such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE'S Facilities on the
Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the
nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by
LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before
any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance
is required, such as the repainting of LESSEE'S Facilities, such maintenance must be completed by LESSEE within
thirty (30) days.
11. INDEMNIFICATION.
A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers,
employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims")
occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its
officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct
of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its
officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this
Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain.
B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its
officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability
("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of
LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in
Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers,
agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors;
(iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the
Premises which LESSOR has no obligation to repair or maintain.
12. INSURANCE.
A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any
employees it is required to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability
insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers'
compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary.
B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability
insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and
volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance
programs maintained by LESSOR, except claims resulting from LESSOR'S negligence or misconduct; (3) contain
standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit
instituted arising out of LESSEE'S operations hereunder.
LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed
certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages
Site #: LA13160A 3
Site Name: Carl Thorton Park w ~~
Date: 3/20/2009 1
required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on
thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this
Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement.
13. INTERFERENCE. LESSEE'S Facilities shall not disturb the communications configurations,
equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Existing
Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE'S
Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC").
LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE'S
use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder,
LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged
interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing
Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed
interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the
Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of
this Section and shall obtain LESSEE'S written consent prior to allowing such use of the Property, which such
consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE'S consent may be
withheld if interference with LESSEE'S transmissions, receptions, operations, or use of frequency will result due to
such use, whether or not such interference is with LESSEE'S frequencies or otherwise. The City Manager shall
determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above
conditions.
In the event of any interference with LESSOR'S public safety communications operations, LESSEE shall
have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR
has the right to require that LESSEE cease operating LESSEE'S Facilities (except for intermittent testing to
determine the source of the interference) until LESSEE is able to recommence operations without causing such
interference. If LESSEE'S Facilities interfere with LESSOR'S public safety communications operations during an
emergency, LESSOR may require that LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE
fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE'S Facilities. LESSEE shall
reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR'S
public safety communications operations caused by LESSEE'S Facilities.
14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the
Agreement, shall, within ninety (90) days, remove all of LESSEE'S fixtures and all personal property and otherwise
restore the Premises substantially to its original condition, at LESSEE'S sole expense, reasonable wear and tear, and
casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR'S
option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE
shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not
said items are considered fixtures and attachments to real property under applicable law. If such time for removal
causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or
earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing
monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna
structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and
wiring shall remain at LESSOR'S option in its as-is condition.
15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to
execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit
"F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of
LESSEE'S interest in the Property upon the expiration or termination of this Agreement.
16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement,
decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject
to this Agreement and LESSEE'S rights hereunder, and any sale by the LESSOR of the portion of this Property
underlying the right-of--way herein granted shall be under and subject to the right of LESSEE in and to such
right-of--way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the
present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE'S right to quiet
possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under
this Agreement.
Site #: LA13160A 4
Site Name: Carl Thorton Park ~ ~~ w
Date: 3/20/2009 . (y,,~~
17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the
covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall
have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include,
but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires,
and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair
the operation of LESSEE'S Facilities.
18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the
Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are
no other liens, judgments or impediments of title on the Property or affecting LESSOR'S title to the same and that
there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth
above.
19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for
any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to
contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall
immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its
own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a
bond, where necessary, to release the lien.
20. MISCELLANEOUS LESSEE RESPONSIBILITIES.
A. Maximum Permissible Exposure -LESSEE shall comply with all present and future
laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues
directly applicable to its operation of LESSEE'S Facilities, as well as the American National Standards Institute
(ANSI) standards. Without limiting the provisions of LESSEE'S indemnity contained herein, LESSEE, on behalf of
itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to
violation of MPE to the extent such personal injuries are actually caused by LESSEE'S Facilities on the Premises.
B. LESSEE shall maintain LESSEE'S Facilities and shall make all repairs to the Premises
necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged
equipment of LESSEE'S Facilities and/or any parts thereto regardless of fault (including but not limited to damage
caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for
damage caused by LESSOR. This time period may be extended with written authorization from the City Manager.
In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs
to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge
LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours
notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove
said graffiti and bill LESSEE for the cost of services.
C. LESSEE shall pay all personal property taxes assessed directly against its equipment and
all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's
equipment or LESSEE'S use of the Premises, within sixty (60) days after receipt of satisfactory documentation
indicating calculation of LESSEE'S share of such real estate taxes and proof of payment provided that such amounts
are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax
assessment.
D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE'S
Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE
for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location
provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably
required by the utility company.
E. LESSEE shall have the right to replace or repair its equipment or any portion thereof
during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and
tear excepted.
21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency
services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject
Site #: LA13160A 5
Site Name: Carl Thorton Park ~ ~~_~
Date: 3/20/2009
to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be
made available will not create interference with LESSEE's communications operations. As to any future subleases,
their respective installations will be permitted only at such locations that will not cause interference with LESSEE or
LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the
Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises.
22 INTEGRATION. It is agreed and understood that this Agreement contains all agreements,
promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or
understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at
law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in
writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or
unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this
Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this
Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have
the right to enforce such rights at any time and take such action as may be lawful and authorized under this
Agreement, either in law or in equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County.
24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising
hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any.
25. ASSIGNMENT AND CO-LOCATION.
a. LESSEE will not assign or transfer this Agreement without the prior written consent of
LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that
LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE'S (i) partners, parents,
subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of
LESSEE'S FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE'S
network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan,
security interest, pledge, or mortgage of LESSEE'S property.
b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on
communication tower facilities and will reasonably facilitate any co-location subject to the conditions outlined in
Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease
rights with respect to space for additional communication facilities on the Property.
26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next business day
following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be
notified may have designated to the sender by like notice):
LESSOR: City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702
Courtesy City of Santa Ana -Office of the City Attorney
Copies to 20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
and
ATS Communications
22651 Lambert Street, Suite 101 A
Lake Forest, California 92630
Attn: Tony Ingegneri
Site#: LA13160A 6
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A- ~ 0
LESSEE: T-Mobile USA, Inc.
12920 SE 38`~ Street
Bellevue, WA 98006
Attn: PCS Lease Administrator
Copy to: Omnipoint Communications Inc.
(Site # LA13160A)
3 MacArthur Place Suite 1100
Santa Ana, CA. 92707
Attn: Lease Administration Manager
Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above.
27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives,
successors, administrators and assigns of the Parties hereto.
28. RELOCATION RIGHT.
A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to
relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be
at LESSOR'S cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower
structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay,
(2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided
by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided
by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon
relocation of LESSEE'S Facilities, the access and utility rights of way will be relocated as required, in the sole
discretion of LESSOR, to operate and maintain LESSEE'S Facilities.
B. LESSOR shall exercise its relocation right under subsection A above by (and only by)
delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or
on the Property to which LESSEE may relocate LESSEE'S Facilities. LESSEE shall have sixty (60) days from the
date it receives the Notice to evaluate LESSOR'S proposed relocation site, during which period LESSEE shall have
the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails
to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to
have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may
thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site
which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall
have up to twelve (12) months after execution of a written agreement between the parties concerning the location
and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the Relocation Site.
Upon relocation of LESSEE'S Facilities to the Relocation Site, all references to the Premises
herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site
(including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE,
and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises.
Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's
Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms
and conditions of this Agreement.
C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE
the depreciated value for LESSEE'S Facilities and equipment, based on a ten-year lease term.
29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this
Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting
party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15)
days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided
the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the
cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within
the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting
Site #: LA13160A 7
Site Name: Carl Thorton Park 2 5A-11
Date: 3/20/2009
party may not maintain any action or affect any remedies for default against the defaulting party unless and until the
defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences
an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be
entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.
30. ENVIRONMENTAL.
A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for
those contained in its back-up power batteries and common materials used in telecommunications operations.
"Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in
any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and
dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state
and local laws and regulations.
B. LESSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any
governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any
environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are
or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such
conditions or concerns are caused by the activities of LESSEE.
C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all
duties, responsibility and liability at LESSOR'S sole cost and expense, for all duties, responsibilities, and liability
(including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for
responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding
which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including
without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or
imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene
concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from
conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any
way related to the condition of the Property or activities conducted thereon, unless such environmental conditions
are caused by LESSEE.
31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot
reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or
other casualty so that such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for
more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR
has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate
this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this
Agreement to expire with the same force and effect as though the date set forth in such notice were the date
originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of
such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to
terminate this Agreement, Rent shall be abated proportionally to the reduction of use.
32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate
this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in
any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation
costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not
for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the
same force and effect as though the date set forth in such notice were the date originally set as the expiration date of
this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to
payments due to the other under this Agreement.
33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not
constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this
Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and
shall not invalidate the remaining provisions of this Agreement.
Site#: LA13160A $
Site Name: Carl Thorton Park 25A 12
Date: 3/20/2009
34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance
with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all
applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance
required by LESSEE in respect to its use of the Premises.
35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the
other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this
Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also
survive such termination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are
not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of
the Agreement.
37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not
inconsistent with or do not interfere with LESSEE'S rights herein, LESSEE agrees to abide by all rules and
regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same
may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to
the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises
and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto.
38. POWERING DOWN DURING MAINTENANCE /REPAIR. LESSEE agrees that during all
maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while
following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA)
and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is
deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having
jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe
condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit
E, as applicable.
39. TERMINATION.
A. Compelled Termination: If, during the lease term, there is a determination made
pursuant to an unappealable order of a county, state, or national governmental health agency having proper
jurisdiction over LESSEE'S operations that LESSEE's use of the Premises poses a human health hazard which
cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately
cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the
Federal Communications Commission, or any successor agency, makes a determination which is final and non-
appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that
LESSEE'S use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE
must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to
LESSEE.
B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to
LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other
approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or
any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE'S
Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE,
or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or
(iiiLESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by
LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR'S default.
C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to
perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving
written notice to LESSEE and reasonable time to cure as set forth in Section 29.
Site #: LA13160A 9
Site Name: Carl Thorton Park 25A 13
Date: 3/20/2009
40. 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 each party shall
indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred 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.
C. LESSOR shall not have unsupervised access to LESSEE'S equipment and LESSEE'S
Facilities, except in cases of exigent circumstances or emergency situations.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
LESSEE: Omnipoint Communications Inc., a subsidiary of
T-Mobile USA, Inc. a Delaware corporation
By:
Printed Name: David Gallacher
Its: Vice President
Date:
Site #: LA13160A 10
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-14
EXHIBIT A
LEGAL DESCRIPTION
OF THE PROPERTY
APN:4l2-361-02; -03 & -04
All that certain real property located in the County of Orange, State of California, being more particularly described
as follows:
PARCEL 1:
THOSE PORTIONS OF LOTS 8 AND 9 OF THE WILLIAMS TRACT, IN THE
CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 30 PAGE 14 OF DEEDS, RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT NO. 5856, AS SHOWN ON
THAT CERTAIN MAP RECORDED IN BOOK 223 PAGES 34, 35 AND 36 OF
MISCELLANEOUS MAPS OF ORANGE COUNTY, CALIFORNIA; THENCE WESTERLY
654.57 FEET ALONG THE SOUTH LINE OF SAID TRACT NO. 5856 TO THE
MOST SOUTHERLY SOUTHWEST CORNER THEREOF; THENCE SOUTHERLY 238.57
FEET ALONG THE WEST LINE OF THAT CERTAIN PARCEL OF REAL PROPERTY
GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED IN BOOK 6650
PAGE 219 OF OFFICIAL RECORDS OF SAID COUNTY; CONTINUING THENCE
SOUTHERLY 515.89 FEET ALONG THE EAST LINE OF THAT CERTAIN PARCEL
OF REAL PROPERTY GRANTED TO SANTA ANA UNIFIED SCHOOL DISTRICT BY
DEED RECORDED IN BOOK 6650 PAGE 215 OF OFFICIAL RECORDS OF SAID
COUNTY TO A POINT IN THE NORTH LINE OF THAT CERTAIN PARCEL OF
REAL PROPERTY GRANTED TO THE CITY OF SANTA ANA BY DEED RECORDED
IN BOOK 5887 PAGE 580 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
WESTERLY 638.01 FEET ALONG THE NORTH LINE OF LAST SAID PARCEL TO
THE NORTHEAST CORNER OF TRACT NO. 9222, AS SHOWN ON THAT CERTAIN
MAP RECORDED IN BOOK 598 PAGES 49 AND 50 OF MISCELLANEOUS MAPS
OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID TRACT NO.
9222 SOUTH 1° 05' 30" EAST 580.40 FEET, NORTH 88' 54' 30" EAST
3.00 FEET, SOUTH 1° 05' 30" EAST 140.00 FEET TO A POINT ON A
LINE PARALLEL WITH AND DISTANT NORTHERLY 52.00 FEET FROM THE
CENTERLINE OF SEGERSTROM AVENUE; THENCE EASTERLY ALONG LAST SAID
PARALLEL LINE 1,288.95 FEET TO THE EAST LINE OF SAID PARCEL
GRANTED TO CITY OF SANTA ANA BY DEED RECORDED IN BOOK 5887 PAGE
580 OF OFFICIAL RECORDS OF ORANGE COUNTY; THENCE NORTHERLY
721.66 FEET ALONG THE EAST LINE OF LAST SAID PARCEL TO THE
NORTHEAST CORNER THEREOF; CONTINUING THENCE NORTHERLY 755.37
FEET ALONG THE EAST LINE OF THAT CERTAIN PARCEL GRANTED TO CITY
OF SANTA AMA BY DEED RECORDED IN BOOK 5633 PAGE 523 OF OFFICIAL
RECORDS OF SAID COUNTY TO THE POINT OF BEGINNING.
PARCEL 2:
THE EAST 520.00 OF THAT PORTION OF THE LAND ALLOTTED TO JAMES MC
FADDEN IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA
RECORDED IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT
LESSOR INITIALS:
LESSEE INITIALS:
Site#: LA13160A 11
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-15
EXHIBIT A
LEGAL DESCRIPTION
OF THE PROPERTY
(continued)
COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF BRISTOL STREET AS
DESCRIBED IN DEED RECORDED NOVEMBER 30, 1949 IN BOOK 1933 PAGE
88 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY SOUTH 0° 20' 50" EAST 1,371.87 FEET ALONG
SAID CENTERLINE FROM ITS INTERSECTION WITH THE CENTERLINE OF
ALTON AVENUE (FORMERLY TALBERT AVENUE) THENCE NORTH 89° 57' 31"
EAST 333.44 FEET TO THE EAST LINE OF THE LAND CONVEYED TO I.D.
PARKER BY DEED RECORDED APRIL 21, 1884, IN BOOK 119 PAGE 590 OF
DEEDS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND BEING THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 57' 31"
EAST 1,725.87 FEET TO THE INTERSECTION OF THE WEST LINE OF
TRACT NO. 4951 PER MAP RECORDED IN BOOK 192 PAGES 4 TO 7
INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY WITH THE CENTERLINE OF TALBERT
AVENUE AS SAID INTERSECTION IS SHOWN ON SAID MAP; THENCE ALONG
SAID WEST LINE SOUTH 0' 40' 30" WEST 974.94 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 89° 40' 35" WEST
753.28 FEET ALONG THE NORTH LINE OF THE LAND CONVEYED TO H. H.
WAKEHAM BY DEED RECORDED MAY 10, 1884 IN BOOK 124 PAGE 88 OF
DEEDS RECORDS OF SAID LOS ANGELES COUNTY, THENCE SOUTH 89' 59'
00" WEST 781.33 FEET ALONG SAID NORTH LINE TO A POINT ON THE
NORTHEAST LINE OF THE LAND DESCRIBED AS PARCEL F2-202 IN THE
DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT RECORDED JULY
6, 1960 IN BOOK 5315 PAGE 472 OF SAID OFFICIAL RECORDS, SAID
NORTHEAST LINE BEING ON THE ARC OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 2,027.00 FEET, A RADIAL TO
SAID POINT BEARS NORTH 69° 12' 32" EAST THENCE NORTHWESTERLY
396.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11' 12'
47" TO SAID EAST LINE OF THE LAND OF E. D. PARKER; THENCE ALONG
SAID EAST LINE NORTH 0° 20' 42" WEST 614.85 FEET TO THE TRUE
POINT OF BEGINNING.
LESSOR INITIALS:
LESSEE INITIALS:
Site #: LA13160A 12
Site Name: Carl Thorson Park
Date: 3/20/2009 2 5A-16
EXHIBIT B
LEGAL DESCRIPTION OF THE PREMISES
SITE PLANS/ DESCRIPTIVE RENDERINGS
However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact
and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning
Boards having jurisdiction over the "Premises".
Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise
location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and
obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE'S
intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect
the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached
to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to
being incorporated into the Agreement.
See the attached drawings dated 01/13/08, Sheets A-1, A-2, A-3, & A-4, identified with Site
Information: Carl Thornton Park, LA13160A. In addition to the approximately 300 square feet
depicted on the attached drawings for LESSEE'S equipment, the Premises also includes space on
the light standard for LESSEE'S antennas, plus space for coax and cable runs to connect the radio
equipment and antennas.
LESSEE INITIALS: LESSOR INITIALS:
Site #: LA13160A 13
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its
officers, employees, agents and volunteers are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be canceled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy # _
Issued to
Named Insured
Countersigned by
Authorized Representative
this endorsement form as a part of
Site #: LA13160A
Site Name: Carl Thorton Park
Date: 3/20/2009
14
25A-18
EXHIBIT D
PROPERTY SPECIFIC ACCESS RULES/REGULATIONS
1. LESSOR shall have the unilateral right and privilege to undertake all normal
items and operations associated with the current use of the Property, including, but not limited to
public events and City business, which may include high powered electric lights and food
services, arrange for the televising of any public event to be held at the Property, and ability to
contract with other interested parties.
2. City business may also include minor landscaping, minor maintenance and minor
construction proximately located near the Premises, so long as the City business does not
interfere with or impair the operation of LESSEE'S Facilities.
3. LESSEE'S access to the Premises shall be limited when the Premises is being
used for a public event, and the four (4) hours before and after any such event. LESSEE will
obey any procedures set by LESSOR regarding notification before visiting the Premises,
checking in on-site, parking, gates, etc.
Site #: LA13160A l 5
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-19
EXHIBIT E
CONTACT INFORMATION:
LESSOR'S TECHNICAL CONTACTS:
Name: 1. Bill Watson
2. Jim Costello
Address: 1439 South Broadway, M-80, Santa Ana, CA. 92707
Daytime Phone No.: Bill: (714) 647-5741
Jim: (714) 647-5719
Facsimile No.:
24-Hour Contact No.:
Dispatch Center:
N/A
3. ATS Communications
Tony Ingegneri
22651 Lambert Street, Suite lOIA
Lake Forest, CA.. 92630
Phone: (949)-525-4161
Facsimile: (949)-768-6984
LESSEE'S TECHNICAL CONTACTS:
Name: 1. Robert Norton
2. Luis Gonzales
Address: 3 MacArthur Place Suite 1100, Santa Ana, CA. 92707
Daytime Phone No.: (714) 850-2403
Facsimile No.: (714) 850-6620
24-Hour Contact No.: N.O.C. (888) 662-4662
Dispatch Center: N.O.C. (888) 662-4662
Site #: LA13160A 16
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-2 0
EXHIBIT F
MEMORANDUM OF LAND LEASE AGREEMENT
THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as
of , 2009, by and between City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California ("Lessor") and Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc.,
a Delaware corporation ("Lessee").
WITNESSETH:
That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of
that certain real property (the "Property") in the State of California, County of Orange, City of
Santa Ana commonly known as 1801 W. Segerstrom Ave., Santa Ana, CA 92704, a legal
description of which is shown in Exhibit A attached hereto and incorporated herein by reference,
under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor
and Lessee dated by Lessor , 2009, and incorporated herein by reference
(the "Agreement") for an initial term of ten (10) years, commencing on the Commencement
Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5)
years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non-
exclusive right of way for rights of access to the Property and to electrical and telephone
facilities serving the Property.
IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and
year first above written.
LESSEE:
Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc., a Delaware corporation
By:
Title: _
Address:
LESSOR:
City of Santa Ana
By:
Title:
Address:
[FORM DOCUMENT, PLEASE INITIAL ONLY -NOT FOR EXECUTION]
Lessor Initials
Lessee Initials
Site#: L.A13160A 17
Site Name: Carl Thorton Park
Date: 3/20/2009 25A-2
Site #: LA 13160A 18
Site Name: Carl Thorton Park
Date: 3/20/2009 2 5A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
AGREEMENT WITH ORANGE COUNTY
FLOOD CONTROL DISTRICT FOR
THE USE OF FLOOD CONTROL
CHANNEL TO CONSTRUCT THE
FLOWER STREET BIKE TRAIL
~~~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 1 sc Reading
Ordinance on 2"d Reading
Implementing Resolution
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute the attached agreement with the Orange
County Flood Control District for the use of the flood control channel to
construct the Flower Street Bike Trail from the Union Pacific Railroad
Right of way to Sunflower Avenue, subject to non-substantive changes
approved by the City Manager and the City Attorney.
DISCUSSION
In December 2007, the City of Santa Ana received a $1 million grant from
the Department of Transportation (Bicycle Transportation Account Program)
to construct a bike trail on the flood control channel adjacent to Flower
Street. The project will include an asphalt bike trail on the east side of
the channel, landscaping, automatic irrigation system, drainage, signage
and fencing from the Union Pacific Railroad right of way to Sunflower
Avenue. Staff has been working with the Orange County Flood Control
District and the Sandpointe Neighborhood Association to finalize approval
for this improvement. The plans and specifications are completed and are
ready for bid advertisement. The completion of this section of bike trail
will connect the Costa Mesa bike trail at Sunflower Avenue to the Santa Ana
Golden Loop Bike Trail and the Santa Ana River Bike Trail.
The term of the agreement is for 20 years with one one-year extension that
will renew annually unless terminated by either party. The City shall be
responsible for the cost of all improvements and maintenance of the bike
trail improvements along the flood control channel.
25B-1
Agreement with Orange County
Flood Control District
April 6, 2009
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Gerardo Mouet
Executive Direc~or
Parks, Recreation and
Community Services Agency
25B-2
s~roject: Flower St. Bike Trail Agreement No. D08-xxx
1 AGREEMENT
2 This AGREEMENT ("AGREEMENT") is made and entered into as of the day of , 2008,
3 BY and BETWEEN
The ORANGE COUNTY FLOOD CONTROL DISTRICT, a
4 body corporate and politic, hereinafter referred to as
"DISTRICT", and
5
The CITY OF SANTA ANA, a charter city,
6 hereinafter referred to as "CITY,"
7
8 which are sometimes individually referred to as "Party," or collectively referred to as "Parties."
g RECITALS
10 WHEREAS, CITY has received a grant from the California Department of Transportation ("State") under the
11 State's Bicycle Transportation Account Grant Program to build and maintain a bike and pedestrian trail (Trail
12 Improvements) so as to provide increased opportunities for outdoor recreation for members of the general public;
13 WHEREAS, CITY desires to place the Trail Improvements on property owned by DISTRICT to complete the
14 bike trail constructed on property owned by CITY;
15 WHEREAS, CITY desires to enter into an agreement with DISTRICT for the use of DISTRICT property that
i
16 complies with the land tenure requirements of the State's Bicycle Transportation Account Program; and
17 WHEREAS, DISTRICT has determined that the recreational uses and Trail Improvements proposed by the
18 CITY would not impair or diminish existing or probable future requirements for flood protection provided such Trail
19 Improvements are constructed in accordance with DISTRICT requirements and the Trail Improvements are
20 constructed, operated, maintained and used in accordance with the terms and conditions of this AGREEMENT.
21
22 NOW, THEREFORE, DISTRICT hereby permits CITY the use of the Premises described below on the terms
23 and conditions hereinafter set forth.
24 I ///
25 ///
26 ///
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Agreement No. D08~xxx
ARTICLE 1
DESCRIPTION OF PREMISES
1.1. CITY shall be permitted to use DISTRICT real property as generally shown on Exhibit A in accordance with
the terms and conditions of this AGREEMENT. This real property shall be referred to hereinafter as the
Premises.
ARTICLE 2
CONSIDERATION
2.1. CITY shall be permitted the use of the Premises at no cost to CITY. CITY agrees however that DISTRICT
shall have no financial obligation to contribute to the design, construction, removal, relocation,
reconstruction, and/or maintenance of any CITY improvements on the Premises.
ARTICLE 3
REPRESENTATIVES
3.1. COUNTY REPRESENTATIVE
Director of County of Orange Resources & Development Management Department (RDMD), or an
authorized designee, hereinafter referred to as "Director," shall be DISTRICT's representative in all matters
pertaining to this AGREEMENT.
3.2. CITY REPRESENTATIVE.
The Santa Ana City Manager, or an authorized designee, hereinafter referred to as "CITY Official," shall be
CITY's representative in all matters pertaining to this AGREEMENT.
ARTICLE 4
USE OF PREMISES BY CITY AND GENERAL PUBLIC
4.1. PERMITTED USES
CITY shall be permitted to use the Premises to build, operate and maintain apedestrian/bike trail for use by
the general public.
4.2. CITY'S RIGHTS ARE NONEXCLUSIVE
CITY's use of the Premises shall be nonexclusive, DISTRICT reserves the right to use the Premises as
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Agreement No. D08-xxx
necessary to access, construct, and maintain DISTRICT flood control facilities. The CITY acknowledges that
the DISTRICT retains the right at the DISTRICT's sole and absolute discretion to use the Premises for the
purpose of removing sediment and debris from DISTRICT facilities, and to perform channel construction and
repairs or conduct other maintenance activities from and within the Premises. DISTRICT should provide
CITY with one working day notice of the need to temporarily close the facility for such work unless
emergency conditions require immediate action by DISTRICT.
4.3. EMERGENCY RESTRICTIONS ON USE
CITY agrees that Director of RDMD or his designee may temporarily suspend public use of Premises if
Director determines, in Director's sole and absolute discretion that emergency conditions exist such that use
of Premises by the general public present a risk to the general public's health, safety or welfare. DISTRICT
shall notify CITY as soon as practicable of the emergency condition but within at least one working day of the
emergency condition.
ARTICLE 5
PR®I'IIEITE® USES
5.1. MOTORIZED VEHICLES
CITY shall not allow any non-District or non-City motorized vehicles, except maintenance vehicles, to
operate within the Premises.
5.2. HAZARDOUS MATERIALS
CITY shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or
used in or about the Premises. CITY shall promptly take all action, at its sole cost and expense, as is
necessary to clean, remove and restore the Premises to its condition prior to the introduction of such
Hazardous Material, provided CITY shall first have obtained Director's written approval and the approval of
any necessary governmental entities or agencies for any such remedial action.
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste
which is or shall become regulated by any governmental entity or agency, including, without limitation,
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Agreement No. D08-xxx
County acting in its governmental capacity, the State of California or the United States government.
ARTICLE 6
TERM OF THE AGREEMENT
6.1. INITIAL TERM
This AGREEMENT shall commence on the date the AGREEMENT is approved by the Orange County Boarc
of Supervisors acting as the governing board for the DISTRICT and shall continue for 20 years unless
terminated in accordance with the provisions of Article 7 of this AGREEMENT.
6.2. RENEWAL
At the end of the Initial Term, this AGREEMENT will automatically renew for an additional one year term
upon the same covenants, terms and conditions unless either party notifies the other in writing of its intention
to terminate this AGREEMENT at least sixty (60) days prior to the expiration of the Initial Term. If sixty (60)
days prior to the end of the one year extended term, neither Party has given the other notification of its
intention to terminate, this AGREEMENT shall continue in full force and effect upon the same covenants,
terms and conditions for a further term of one (1) year, and for annual terms thereafter until terminated by
either party by giving the other Party written notice of its intention to so terminate at least sixty (60) days prior
to the end of any such annual term.
ARTICLE 7
TERMINATION
7.1. TERMINATION BY DISTRICT.
DISTRICT may terminate this AGREEMENT if DISTRICT determines that Premises are needed to
reconstruct and/or modify DISTRICT'S facilities and the CITY improvements cannot be relocated so as not to
unreasonably interfere with DISTRICT's reconstructed and/or modified facilities. DISTRICT shall notify CITY
of its intention to terminate the AGREEMENT pursuant to this section by giving CITY ninety (90) days written
notice.
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7.2. TERMINATION BY CITY.
Agreement No. D08-xxx
CITY may terminate this AGREEMENT by giving DISTRICT ninety (90) days written notice. In the event of
such termination by CITY, CITY shall remove any improvements that it has placed on the Premises and
restore the Premise to the condition that existed prior to this AGREEMENT. This obligation to restore the
Premises shall survive the termination of this AGREEMENT.
7.3 TERMINATION DUE TO BREACH OF THE AGREEMENT
If CITY is in material breach of the AGREEMENT, and fails to diligently cure said breach, DISTRICT may
terminate the AGREEMENT.
7.4 NOTICE OF TERMINATION
All notices of termination shall be made in writing in accordance with the requirements of Article 11 of this
AGREEMENT.
~-RTICLE ~
CITY IMPROVEMENTS
8.1. AUTHORIZED IMPROVEMENTS
CITY may install a bikeway path consisting of improvements approved by the DISTRICT that include but are
not limited to:
(a) pathways constructed of asphalt and/or concrete;
(b) fencing that will consist of one or more of the following: wrought iron; ~I
(c) gates;
(d) signage; II
(e) landscaping;
(f) an irrigation system for the landscaping.
(g) Replacement of existing CMP pipe(s), as necessary.
8.2. DISTRICT REVIEW AND APPROVAL OF CITY IMPROVEMENTS.
Prior to the construction of any improvements on Premises, the CITY shall submit the plans and
specifications of those improvements to the Director for his review and approval. CITY improvements shall
be designed and constructed so as to assure that they do not interfere with the flood control function of
DISTRICT facilities and do not interfere with or increase the cost to the DISTRICT for the ongoing
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Agreement No. D08-xxx
maintenance of DISTRICT'S facilities. Approval of the plans and specifications of CITY'S improvements
shall be within Director's sole and absolute discretion.
Said plans and specifications shall be submitted by the CITY for the DISTRICT's review via an
encroachment permit application through DISTRICT's RDMD's County Property Permits section and shall
subject to applicable permit and inspection fees.
8.3 OTHER APPROVALS FOR IMPROVEMENTS
CITY shall be responsible at its sole cost and expense to secure and comply with any other approvals
required to construct, operate and/or maintain its improvements. DISTRICT is not responsible to obtain any
~ such approvals nor shall DISTRICT be named as co-applicant in any regulatory agreement or permit
app-ications.
CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits and satisfy
any conditions imposed by any regulatory agency for the issuance of any such approvals. CITY shall not
agree to any conditions that impose any obligations on the DISTRICT.
If any regulatory agency requires that any property be set aside as mitigation for the CITY improvements,
that mitigation shall not be on DISTRICT property nor shall DISTRICT have any obligation to monitor or
maintain that mitigation.
CITY shall provide DISTRICT's RDMD/Engineering and Permit Services/Regulatory Permits with copies of
all regulatory permits and/or agreements and conditions for its review and approval prior to agreeing to any
such terms and conditions. Copies of any and all current permits issued shall be available for inspection by
DISTRICT'S personnel.
8.4. CONSTRUCTION OF CITY IMPROVEMENTS
CITY shall notify Director two working (2) days prior to beginning construction of its improvements on
Premises.
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Agreement No. D08-xxx
Any Contractor hired by CITY to construct improvements on Premises shall be required to:
(a) maintain insurance that complies with the insurance requirements specified in Exhibit B;
(b) indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless DISTRICT, the
County of Orange (COUNTY), their elected and appointed officials, officers, employees, agents and
contractors (hereinafter "DISTRICT/COUNTY Indemnitees") harmless from any and all claims,
losses, or liability, arising from injury or damage to persons or property related to Contractor's, its
subcontractor's, their employee, agents or invitees activities on, within, upon, under or over
Premises unless such injury or damage is caused by the sole negligence or willful misconduct of
DISTRICT, County or the DISTRICTlCounty Indemnitees;
(c) provide Director with a copy of its Notice of Intent to comply with the NPDES permit covering
construction activities and to fully comply with the requirements of that NPDES permit. Contractor
shall also be required to comply with the requirements of the Drainage Area Management Plan,
Local Implementation Plan as specified in Article 13 (Stormwater Regulations) of this AGREEMENT
for activities to be conducted by the contractor and its subcontractors on Premises;
(d) No construction materials are to be stored in such a way as to impede and/or interfere with any
bikeway use, channel inspection or maintenance operations.
Any DISTRICT improvements disturbed, damaged, vandalized or removed as a result of CITY's construction
activities within, upon, under or over Premises shall be repaired, restored or replaced at CITY's expense in
conformance with RDMD Standard Plans and to the satisfaction of the Director within sixty (60) calendar
days of the issuance of written notice by Director. If CITY andlor its contractor fail to repair, restore or
replace DISTRICT's improvements within 60 calendar days, Director may, in his sole and absolute
discretion, cause the repair, restoration or replacement of DISTRICT's improvements to be completed by
DISTRICT personnel or DISTRICT contractors and CITY shall be solely responsible for these costs and
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Agreement No. D08-xxx
expenses. CITY agrees that in an emergency situation which threatens the public's health, safety or welfare
as determined by Director in his sole and absolute discretion, Director shall be permitted to cause the repair,
replacement or restoration of DISTRICT's improvements without prior notice to CITY and CITY shall be
solely responsible for the cost of such repair, restoration or replacement in accordance with the procedures
described above.
8.5. MAINTENANCE OF CITY IMPROVEMENTS
CITY shall be solely responsible at its sole cost and expense for the operation, maintenance, repair,
relocation, and/or replacement of CITY's improvements on Premises.
8.6. DISTRICT's Rights to Remove/Relocate CITY Improvements.
If Director determines CITY Trail Improvements need to be modified, relocated or removed in whole or in parl
to permit DISTRICT to operate, maintain, modify, enlarge, reconstruct, repair and/or replace DISTRICT'S
adjoining flood control facilities, DISTRICT shall notify CITY in writing and CITY shall modify, relocate or
remove all or a portion of CITY improvements as directed by DISTRICT at CITY's sole cost and expense
within one hundred twenty (120) calendar days of the date of DISTRICT'S written notification to CITY or
within a longer time period if agreed to by Director.
CITY agrees that in an emergency situation which threatens the public's health, safety or welfare as
determined by Director in his sole and absolute discretion, Director shall be permitted to cause modification,
relocation or removal of all or a portion of CITY improvements without prior notice to CITY. DISTRICT will
endeavor to notify CITY of its intent to remove CITY improvements as soon as practicable but in no case
shall such notice be provided greater than one week after DISTRICT modifies, relocates or removes such
improvements.
CITY agrees that if any of CITY'S improvements are disturbed, damaged or removed by DISTRICT during
the course of DISTRICT's operating, maintaining, repairing, improving, restoring, or enlarging DISTRICT'S
improvements on Premises, CITY shall be responsible for replacing, repairing, restoring or removing CIT'
improvements to the satisfaction of Director solely at CITY'S expense.
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8.7. FENCING AND SITE SECURITY
Security of the trail shall be the CITY's responsibility and expense.
Agreement No. D08-xxx
CITY shall develop a plan to assure that DISTRICT's adjoining flood control facility is not accessible to the
public using the CITY improvements on Premises but is accessible to DISTRICT personnel from Premises
(Security/Access Plan). This Security/Access Plan shall show the placement of all fencing securing the
Premises, including any proposed fencing located along the property line. This Security/Access Plan should
also include the placement of any proposed gates as well as information concerning whether the proposed
gates will be left open and if so when they will be open. This Security/Access Plan shall be reviewed and
approved by Director.
8.8 LANDSCAPING
CITY shall prepare a landscaping plan for the Premises. This plan shall be reviewed and approved by
Director. The CITY shall install and maintain the approved landscaping at its sole cost and expense.
ARTICLE 9
INDEMNITY AND INSURANCE PROVISIONS
9.1. CITY'S INDEMNITY OBLIGATIONS
CITY agrees that it shall indemnify, defend with counsel approved in writing by DISTRICT, release and hold
harmless DISTRICT, the COUNTY, their elected and appointed officials, officers, employees agents and 'I
contractors {hereinafter "DISTRICT/COUNTY Indemnitees") from any and all claims, losses, or liability, 'I
arising from alleged injury or damage to persons or property arising out of: (a) breach of the terms and
conditions of this AGREEMENT by CITY, (b) the willful misconduct or negligent acts or omissions of CITY in
connection with this AGREEMENT, (c) the material or other things used or employed in performing
construction work, (d) injury to or death of any person or persons (either workman, employees of CITY or its
contractors, subcontractors or the public) or damage to adjacent or other property caused by the
perFormance of construction work being performed to construct CITY improvements on Premises or (e)
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injury to or death of any person or persons (either workman, employees of CITY or its contractors,
subcontractors or the general public using CITY improvements) or damage to property arising from use by
any person or persons of CITY improvements on Premises.
Nothing contained in this section shall operate to relieve DISTRICT and/or the DISTRICT/COUNTY
Indemnitees from any loss, injury, liability, damages, claims, costs or expenses to the extent determined by
a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts
or omissions of DISTRICT and/or the DISTRICT/COUNTY Indemnitees or any of them.
The indemnity obligations created by this section as well as any other indemnity obligations created by this
AGREEMENT shall survive the termination of this AGREEMENT, to the extent that a claim is based on an
event which occurred prior to termination.
9.2. INSURANCE
During the term of this AGREEMENT CITY shall maintain insurance or self-insurance and shall cause its
contractors to maintain insurance in accordance with the insurance requirements set forth in Exhibit B.
ARTICLE 10
ASSIGNMENT /THIRD PARTY BENEFICIARY PROVISIONS
10.1 ASSIGNMENT BY CITY PROHIBITED
CITY acknowledges that its rights and obligations pursuant to this AGREEMENT are non-transferable
without the prior written consent of DISTRICT. Any attempt by CITY to transfer all or part of its rights or
obligations under this AGREEMENT to another party shall be null and void. If CITY wishes to transfer CITY
improvements and/or any of its rights or obligation under this AGREEMENT to another party, DISTRICT rr
require that the proposed successor enter into a separate agreement with DISTRICT with additional terms
and conditions.
DISTRICT may record this AGREEMENT to provide notice to proposed assigns or successors that this
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AGREEMENT is non-transferable without the express written consent of the DISTRICT's Board of
Supervisors.
10.2 NO THIRD PARTY BENEFICIARY
This AGREEMENT is not intended to give or confer any benefits, rights, privileges, claims, actions, or
remedies to any person or entity, including but not limited to the State and/or members of the general public
authorized to use the Premises, as a third party beneficiary, decree, or otherwise. The CITY and the
DISTRICT are and will remain the only entities with standing to enforce any of the covenants, terms and
conditions of this AGREEMENT.
11.1 NOTICES
ARTICLE 11
NOTICE
All notices or other communications required or permitted under this AGREEMENT shall be provided to the
following official at the specified address.
Executive Director of the Parks, Recreation and Community Services Agency
CITY OF SANTA ANA
888 W. Santa Ana Blvd., Ste 200
Santa Ana, CA 92702
(714) 571-4203, (714) 571-4221 (fax)
ORANGE COUNTY FLOOD CONTROL DISTRICT
Director of Resources and Development Management Department
P.O. Box 4048
Santa Ana, CA 92702-4048
11.2 FORM AND TIMING OF NOTICE
All notices shall be in writing, and shall be personally delivered or sent by registered or certified mail, postagE
prepaid, return receipt requested, or be sent by overnight courier and shall be deemed received upon the
earlier of:
(a} if personally delivered, the date of delivery to the address of the person to receive such notice;
(b) if mailed, three (3) business days after the date of posting by the United States Post Office; or
(c) if sent by overnight courier, when delivered.
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Agreement No. D08-xxx
11.3 CHANGES OF PERSON TO RECEIVE NOTICE
Either Party may change the person or official to receive notice by sending a written notice of that change to
the other Party.
ARTICLE 12
ACCESS TO DISTRICT'S CHANNEL
12.1. CITY LOCKS.
The CITY shall be allowed to install a CITY lock on the DISTRICT'S gates if required for access to the CITY
Trail Improvements, provided the CITY ensures that the DISTRICT retains its ability to access its facilities.
12.2. DISTRICT ACCESS GATES.
DISTRICT access gates not used by the public are to be immediately locked upon entering or exiting
DISTRICT channel ROW.
12.3 USE OF DISTRICT ROADS.
CITY acknowledges that the use of earthen DISTRICT access roads is prohibited during rainstorm condition
or when the DISTRICT's earthen access roads are wet. When DISTRICT'S earthen access roads are wet,
the CITY's access will be limited to pedestrian access only and the CITY shall allow such access only if the
conditions are safe and do not warrant the CITY'S closure of such access by the public.
ARTICLE 13
ST®RMWATER
13.1 COMPLIANCE WITH STORMWATER REGULATIONS
CITY and all CITY's, agents, employees and contractors shall maintain the Premises so as to assure that
pollutants do not enter the DISTRICT'S facilities from the premises.
The Santa Ana Regional Water Quality Control Board (RWQCB) has issued permits which regulate
stormwater and non-stormwater discharges (stormwater permits) resulting from areas owned and operated
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Agreement No. D08-xxx
by the DISTRICT including activities conducted under this AGREEMENT. The County and cities within
Orange County have enacted water quality ordinances that prohibit activities that result in pollutants being
discharged into the Stormwater drainage system, including DISTRICT facilities.
To assure compliance with Stormwater Permits and water quality ordinances, the DISTRICT and the County
have developed a Drainage Area Management Plan including a Local Implementation Plan (DAMP/LIP) that
contains Model Maintenance Procedures with Best Management Practices (BMPs) that parties using
DISTRICT owned properties must adhere to. These Model Maintenance Procedures contain pollution
prevention and source control techniques to minimize the impact of those activities upon dry-weather urban
runoff, Stormwater runoff, and receiving water quality.
CITY shall review and assure that any of its contractors working on the Premises review the applicable
Model Maintenance Procedures contained in the DAMP/LIP. Activities performed on the Premises under
this AGREEMENT shall conform to the requirements of the Stormwater Permits, the DAMP/LIP, and the
Model Maintenance Procedures, as they exist at the time this AGREEMENT commences and as Stormwater
Permits, the DAMP/LIP, andlor the Model Maintenance Procedures are modified throughout the term of this
AGREEMENT. The BMP's applicable to uses authorized under this AGREEMENT must be performed as
described within all applicable Model Maintenance Procedures. CITY shall fully understand the Model
Maintenance Procedures applicable to operations conducted on the Premises prior to conducting them.
CITY and/or its contractors may propose alternative BMPs that meet or exceed the pollution prevention
performance of the Model Maintenance Procedures. Any such alternative BMPs shall be submitted to the
Director for its review and approval prior to implementation.
CITY may be required to implement aself-evaluation program to demonstrate compliance with the
requirements of this article.
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/ARTICLE 14
EXHIBITS
Agreement No. D08-xxx
14.1 EXHIBITS
This AGREEMENT incorporates by this reference, the following exhibits, which are attached hereto and
incorporated herein:
Exhibit A -- Description of Premises
Exhibit B -- DISTRICT Insurance Requirements
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 ENTIRE AGREEMENT
This document sets forth the entire AGREEMENT among DISTRICT and CITY, and may be modified only b~
further written amendment between the Parties hereto.
15.2 AMENDMENTS
It is mutually understood and agreed that no addition to, alteration of, or variation of the terms of this
AGREEMENT, nor any oral understanding or agreement not incorporated herein, shall be valid unless made
in writing and signed and approved by all necessary Parties.
15.3 COMPLIANCE WITH APPLICABLE LAW
Each Party, and their contractors shall at all times and in all respects comply with all applicable federal, state
and local laws, ordinances regulations and permits.
15.4 CALENDAR DAY(S)
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days, respectively,
unless otherwise expressly provided.
15.5 WAIVER OF RIGHTS
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants or conditions of
this AGREEMENT shall not be deemed a waiver of any right or remedy that DISTRICT may have, and
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Agreement No. ®08-xxx
shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and
conditions of this AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or
default of any term, covenantor condition of this AGREEMENT.
15.6 SEVERABILITY
If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a
court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent
reasonably possible.
15.7 AUTHORITY
The Parties to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
15.8 CONSTRUCTION
The Parties acknowledge that the Parties and their counsel have reviewed and revised this AGREEMENT
and that the normal rule of construction - to the effect that any ambiguities are to be resolved against the
drafting Party -shall not be employed in the interpretation of this AGREEMENT or any exhibits or
amendments hereto.
15.9 EXECUTION IN COUNTERPARTS
This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be ar
original, and all of such counterparts shall constitute one Agreement. To facilitate execution of this
AGREEMENT, the parties may execute and exchange by telephone facsimile counterparts of the signature
pages.
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Agreement No. D08-xxx
IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its duly authorized
representatives as of the date set forth above.
CITY OF SANTA ANA, CALIFORNIA,
a public body, corporate and politic
BY:
Attest:
BY:
APPROVED AS TO FORM:
CITY OF SANTA ANA
JOSEPH W.FLETCHER
City Attorney
BY:
Laura Sheedy Date
DAVID N. REAM
City Manager
PATRICIA E. HEALY
Clerk of the Council
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SIGNED AND CERTIFIED THAT A
COPY OF THIS DOCUMENT HAS
BEEN DELIVERED TO THE
CHAIR OF THE BOARD
ATTEST:
Darlene J. Bloom
Clerk of the Board of Supervisors of
the Orange County Flood Control District of
Orange County, California
APPROVED AS TO FORM:
COUNTY COUNSEL
BY:
Deputy
Date
Agreement No. D08-xxx
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
BY:
Chair of the Board of Supervisors of
the Orange County Flood Control District of
Orange County, California
25B-1'~9
25B-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
REIMBURSEMENT AGREEMENT WITH
SOUTHWEST PROPERTY INVESTMENT
INC. FOR IMPROVEMENTS AT
CABRILLO TENNIS CENTER
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
As Recommended
As Amended
Ordinance on 1St Reading
Ordinance on 2"d Reading
Implementing Resolution
Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and the
Clerk of the Council to execute the attached reimbursement agreement with
Southwest Property Investment, Inc. for improvements at Cabrillo Tennis
Center, totaling $153,867.40, subject to non-substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
On August 2, 2004, One Broadway Plaza, LLC entered into an agreement with
the City of Santa Ana to relocate the Twist-Basler house at 1015 North
Broadway to Cabrillo Tennis Center. The house reconstruction is near
completion, but additional improvements are needed in and around the house.
Southwest Property Investment Inc. is willing to perform this work under a
reimbursement agreement. This process will save the City time and staff
work in preparing plans/specifications, and advertising for construction.
Southwest Property Investment, Inc. will prepare plans required for permits
and implement the improvements for the following work:
1. Fine grade the area around the building
2. Install automatic irrigation system and time clock for the landscape
area
3. Install area drainage around the building
4. Install new sod (30 ft) around the building
5. Install new trees and foundation shrubbery around the house
6. Install color plants in front of the house
7. Install concrete, wood deck, stairs and ADA access ramp to various
entry ways of the house
8. Install new side walk from parking lot to southeast entryway and
rebuild chain link fence at south entrance
25C-1
Reimbursement Agreement with
Southwest Property Investment Inc.
April 6, 2009
Page 2
9. Re-seal and re-stripe existing parking lot with new handicap parking
space
10. Re-paint Butler Building to match Twist/Basler house
11. Paint the existing chain link fence and existing tennis court light
poles on the three south courts to match the north courts
12. Remove the metal backdrop strips from the three courts, purchase and
install new wind screens for the three south courts to match the
north courts
13. Purchase and install data lines throughout the house
14. Relocate the tennis court lighting controls form the butler building
to the Twist-Basler house
15. Coordinate all work with the city for city approval before
reimbursement
FISCAL IMPACT
Fund are available in the Capital Outlay fund (account no. 51-250-6631.
~~
Gerardo Mouet
Executive Dir for
Parks, Recrea ion and
Community Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez ~~,^
Executive Director ;~~~
Finance & Mgmt Services Agency
25C-2
REIMBURSEMENT AGREEMENT FOR REPAIR, MAINTENANCE AND
IMPROVEMENTS TO THE TWIST BASLER HOUSE
This Reimbursement Agreement is made and entered into this day of
2009, by and between the City of Santa Ana, a charter city and Municipal
Corporation organized under the Constitution and laws of the State of California ("City")
and Southwest Property Investment, Inc. (hereinafter referred to as "Southwest") located
at 1103 North Broadway, Santa Ana, California 92701.
Recitals:
A. In 2004, the City of Santa Ana entered into a development agreement with One
Broadway Plaza, LLC which, among other things, called for relocation of the
Historic Twist Basler House formerly located at 1015 North Broadway to its
current location at 800 North Cabrillo Park Drive within the Cabrillo Tennis
Center.
B. The Twist Basler House reconstruction is nearing completion but additional
unforeseen repair, maintenance, and improvements are needed in and around the
House.
C. Southwest is willing to complete the repair, maintenance, and improvements on
the exterior and interior of the House under this reimbursement agreement. The
reconstruction of the exterior of the house called for in this agreement is not part
of the original One Broadway Plaza, LLC Development Agreement.
D. Continuing the repair, maintenance, and improvements of the house with
Southwest through a reimbursement agreement will save the city time and staff
work in preparing plans and specifications.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. PROJECT FUNDING, SCOPE AND REVIEW
1. For and in consideration of the sum not to exceed One Hundred Fifty Three
Thousand, Eight-Hundred and Sixty Seven dollars and 40 cents ($153,867.40), and under
the conditions expressed herein, Southwest hereby agrees to and shall do all the work
necessary to complete in good workmanship and substantial manner the work described
in paragraph 2 of this agreement and in compliance with City of Santa Ana standards and
regulations.
2. Upon approval of this agreement by the City Council, Southwest will prepare
plans and specifications required for obtaining permits and will take all necessary actions
to complete the following improvements in connection with the restoration of the Twist
Basler House:
Page 1 of 5
25C-3
A. Fine grade the area around the building.
B. Install automatic irrigation system and time clock for the landscape area.
C. Install area drainage around the building.
D. Install new sod (30 ft) around the building.
E. Install new trees and foundation shrubbery around the house.
F. Install color plants in front of the house.
G. Install concrete, wood deck, stairs and ADA access ramp to various entry of
the house.
H. Install new side walk from parking lot to southeast entryway and rebuild chain
link fence at south entrance.
I. Re-seal and re-stripe existing parking lot with new handicap parking space.
J. Re-paint Butler Building and roof to match Twist/Basler house.
K. Paint the existing chain link fence and existing tennis court light poles on the
three south courts to match the north courts.
L. Remove the metal backdrop strips from the three courts, purchase and install
new wind screens for the three south courts to match the north courts.
M. Purchase and install data lines throughout the house.
N. Relocate the tennis court lighting controls from the butler building to the
Twist-Basler house.
0 . Coordinate all work with the city for city approval before reimbursement.
3. Southwest agrees to coordinate all work with the City for City approval before
reimbursement. As a precondition for reimbursement, the parties agree that the City of
Santa Ana will be given an accounting of how money is spent in furtherance of the
project outlined in paragraph 2 of this reimbursement agreement. In addition the City of
Santa Ana will be given a final accounting of all monies spent on the project outlined in
paragraph 2.
4. Unless and until otherwise notified in writing by the City's Director of the Parks,
Recreation and Community Services Agency, Gerardo Mouet (herein referred to as the
"Authorized City Representative") shall be the person to whom Southwest will report for
the performance of the work hereunder. It is understood that Southwest performance
hereunder shall be under the direction and supervision of the Authorized City
Representative or such other person as the City's Director of the Parks, Recreation and
Community Services Agency may designate from time to time, that Southwest shall
coordinate the Work hereunder with the Authorized City Representative to the extent
required by the Authorized City Representative, and that all performances required
hereunder by Southwest Property Investment, Inc. shall be performed to the satisfaction
of the Authorized City Representative or the City's Director of the Parks, Recreation and
Community Services Agency.
5. A proposed schedule for the Project shall be provided by Southwest to the City
before commencement of any work. Any modifications to the Schedule will be subject to
approval by the Director of the Parks, Recreation and Community Services Agency.
Page 2 of 5
25C-4
II. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers,
agents, and employees from all liability, claims, losses and demands, including defense
costs, whether resulting from court action or otherwise, arising out of the acts or
omissions of the indemnifying party, its officers, agents or employees or the condition of
property used in the performance of this Agreement.
III. NOTICES
All notices, statements, demands, requests, consents, approvals, authorizations,
appointments, or designations hereunder by either parry to the other shall be in writing and
shall be deemed given and served upon the other party, if delivered personally or three (3)
days after depositing in the United States mail, postage prepaid, addressed as follows:
If to CITY:
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: Clerk of the Council
And
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Attn: City Attorney
If to Southwest:
1103 North Broadway
Santa Ana, CA 92701
Attn: Project Manager
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been
given three (3) days after it has been deposited in the United States mail, duly registered
or certified, with postage prepaid, and addressed as set forth above. If sent by
telefacsimile, any notice, tender, demand, delivery, or other 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
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25C-5
forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
IV. JURISDICTION
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be governed and construed in accordance with the
laws of the State of California. 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. If any action at law or in equity is necessary to enforce or interpret the
terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'
fees, costs, and necessary disbursements, in addition to any other relief to which it may
be entitled.
V. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties. No other
agreement, oral or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both parties. Any work
performed that is inconsistent with or in violation of the provisions of this Agreement
shall not be compensated.
VI. THIRD PARTY BENEFICIARY
Neither party hereto intends that this Agreement shall create rights hereunder in
third parties including but not limited to any subcontractors or any member of the public
provided services hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the
County of Orange, State of California, on the date and year first above written.
"Southwest Property Investment, Inc."
By: `~.
Title: ~ ,
The "City"
City of Santa Ana
A Charter City
By:
Title:
By:
David N. Ream
City Manager
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25C-6
Attest:
By:
Patricia E. Healy
Clerk of the Council
Approved as to Form:
By:
Jose Sandoval
Managing Senior Assistant City Attorney
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25C-7
25C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
AGREEMENTS FOR STATE ROUTE 55/
ALTON AVENUE OVERCROSSING (PROJECT
08-1730)
1_ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the
following attached agreements subject to non-substantive changes approved
by the City Manager and City Attorney:
• Cooperative Agreement with the California Department of
Transportation (Caltrans) for State Route 55 (SR-55)/Alton Avenue
Overcrossing project
• Consultant Agreement with Huitt-Zollars, Inc. to provide design
engineering services for SR-55/Alton Avenue Overcrossing project in
the amount not to exceed $1,720,000 including a 15% contingency.
DISCUSSION
In October 2005, the City Council approved the Final Environmental Impact
Report for the SR-55/Alton Avenue Overcrossing Project. The proposed
improvements to ease traffic congestion consist of construction of a new
bridge at Alton Avenue over SR-55 connecting the Cities of Santa Ana and
Irvine and Alton Avenue widening between Maple and Halladay Streets
(Exhibit 1).
Since the SR-55/Alton Avenue Overcrossing Project is within Caltrans'
right-of-way, a Cooperative Agreement is needed to define the specific
roles and responsibilities of the parties. The agreement identifies the
City as the lead agency for this project.
In November 2008, the Public Works Agency issued a Request for Proposal
(RFP) to several consulting firms to obtain engineering services for the
preparation of Plans, Specifications and Estimates (PS&E) for the
proposed improvements. Four proposals were received in response to the
RFP and evaluated by the project team consisting of Cities of Santa Ana,
25D-1
Agreements for State Route 55/
Alton Avenue Overcrossing
(Project No. 08-1730)
April 6, 2009
Page 2
Irvine and Caltrans staff (Evaluation Committee). Each consultant team
was rated according to its qualifications, past experience, and capacity
to perform the required work. On February 24, 2009, the Evaluation
Committee interviewed the three consulting teams with the top proposal's
rating - Huitt-Zollars, Parsons Brinckerhoff and AECOM. Based on the
submitted proposals and the interviews, the ratings and fees for the
consultant teams are as follows:
FIRM RATING
1. Huitt-Zollars, Inc. 91
2. Parsons Brinckerhoff 83
3.AECOM 76
4. PacRim Engineering 60
FEES
$1,495,695
$2,598,210
$2,371,000
Fee was not opened
The fee schedules for these consultant teams were compared. The fee for
Huitt-Zollars is consistent, reasonable and in line with staff's
estimate. Huitt-Zollars' proposal described the project understanding
and approach thoroughly and the oral interview confirmed the capability
of the firm and the project team. Staff recommends retaining Huitt-
Zollars based on the overall rating by the evaluation committee, their
exceptional performance of similar projects in the past, key personnel's
related experience, client satisfaction, and competitive fee rate.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Regional Interchange Program (account no. 32-
551-6631, project 08-1730) and Growth Management Area No. 7 (account no.
32-551-6631, project 08-1730)
APPROVED AS TO FUNDS AND ACCOUNTS:
James G. Ross
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25D-2
~~~AO~AI A
LEGEND:
PROJECT LIMITS
SANTA ANA
AGBVDA DATE
PWA cam`
APRIL s. Zoos
PUBLIC 110BK5 AGENCY
EXHIBIT 1
1111..E=
ALTON AVENUE OVERCROSSING
AT SR-55
(PROJECT N0.08-1730)
25D-3
DISTRICT AGREEMENT
12-522
12-ORA-55 KP 11.21/13.44
(PM R6.97/R8.35)
12209-005501
District Agreement No. 12-522
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE ON , 200_, is
between the STATE OF CALIFORNIA, acting by and through its Department of
Transportation, referred to herein as "STATE"; and
CITY OF SANTA ANA, a charter city and a municipal
corporation of the State of California, referred to herein as CITY.
25D-4
DISTRICT AGREEMENT
12-522
RECITALS
1. STATE and CITY, pursuant to Streets and Highways Code sections 114 and 130, are
authorized to enter into a Cooperative Agreement for improvements to State
Highways within CTTY's jurisdiction.
2. CITY intends to construct a new Alton Over Crossing and HOV direct access drop
ramps on State Route 55 (SR-55) at Alton Avenue, referred to herein as "PROJECT".
3. CTTY intends to prepaze Plans, Specifications and Estimates (PS&E) and perform
right of way (R/W) activities, collectively referred to herein as "WORK", and is
willing to fund one hundred percent (100%) of all capital outlay and staffing costs
related to the PROJECT PS&E and R/W activities, except for the costs of STATE's
Independent Quality Assurance (IQA} of WORK performed by or for CITY.
4. Delivery of the Project Report (PR) and Environmental Document (ED} were covered
in a prior Cooperative Agreement executed by STATE and CITY on October 17,
2005 (District Agreement No. 12-214}.
5. PROJECT construction will be the subject of a separate future cooperative agreement.
6. With the exception of STATE's IQA, STATE funds will not be used to finance any of
the capital and support costs for PROJECT.
7. In case of inconsistencies, this Agreement supersedes any prior Memorandum of
Understanding (MOU) relating to PROJECT.
8. The parties now define herein below the terms and conditions under which PROJECT
is to be designed, R/W activities performed, and financed.
SECTION I
CITY AGREES:
1. With the exception of STATE's IQA, to fund one hundred percent (100%) of all
WORK costs.
2. To not use STATE funds for any PROJECT capital and support costs except as set
forth in this Agreement.
3. To perform or have performed PS&E and R/W engineering and acquisition services
in accordance with all State and Federal laws, regulations, policies and procedures
and standards that STATE would normally follow. All such work shall be submitted
to STATE for STATE's review, comment, and concurrence at appropriate stages of
development.
25D-5
DISTRICT AGREEMENT
12-522
4. All Project work, except as set forth in this Agreement, is to be performed by CITY.
Should CITY request that STATE perform any portion of PROJECT work, except as
otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for
such work pursuant to an amendment to this Agreement or a separate executed
agreement.
5. To have detailed PS&E prepared, at no cost to STATE, and to submit to STATE, for
STATE's review, concurrence, and/or approval at appropriate stages of development.
The final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer
registered in the State of California. CITY agrees to provide landscape plans prepared
and signed by a licensed California Landscape Architect.
6. To have all necessary right of way maps and documents used to acquire right of way
by CITY prepared by or under the direction of a person authorized to practice land
surveying in the State of California. Each right of way map and document shall bear
the appropriate professional seal, certificate number, expiration date of registration
certification and signature of the licensed person in Responsible Charge of work.
7. To permit STATE to monitor and participate in the selection of personnel who will
prepare the PS&E and provide the R/W engineering and acquisition services for
PROJECT. CITY agree to consider, any request by STATE to avoid a contract award
or to discontinue the services of any personnel considered by STATE to be
unqualified on the basis of credentials, professional expertise, failure to perform,
and/or other pertinent criteria.
To submit to STATE for review, comment, concurrence, and/or approval all Right of
Way Engineering Land-Net Maps and Right of Way Appraisal Maps, Records of
Survey, and Right of Way Record Maps all prepared in accordance with STATE's
Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans
Preparation Manual, STATE's Surveys Manual, applicable State laws, and other
pertinent reference materials and examples as provided by STATE.
9. Personnel who perform the PS&E, and R/W shall be made available to STATE, at no
cost to STATE, through completion of construction of PROJECT to discuss issues,
which may arise during construction, and/or to make design revisions for contract
change orders. CITY will make available its personnel or consultants to do all
necessary corrections and to furnish the corrected product to STATE if, during the
course of PROJECT, errors or omissions are discovered in any document, study or
report which CITY provided pursuant to this Agreement, within a reasonable time as
specified by STATE
10. To make written application to STATE for necessary encroachment permits
authorizing entry of C1TY onto SHS R/W to perform required PROJECT
DEVELOPMENT work as more specifically defined elsewhere in this Agreement.
CITY shall also require CTTY's consultants and contractors to make written
application to STATE for the same necessary encroachment permits.
25D-6
DISTRICT AGREEMENT
12-522
11. To be responsible for, and to the STATE's satisfaction, the investigation of potential
hazardous material sites within and outside existing State Highway System right of
way that could impact PROJECT as part of performing any work pursuant to this
Agreement. If CITY discovers hazardous material or contamination within the
PROJECT study area during said investigation, CITY shall immediately notify
STATE.
12. To provide, at no cost to STATE, survey and mapping services necessary to
perpetuate existing land net and alignment of monuments in accordance with sections
8771 and 8765 of the Business and Professions Code and to permanently monument
the location of all roadway alignments, realignments, and R/W acquisitions. All of
the above are to be shown on a Record of Survey filed with the County Surveyor.
CITY shall deliver one copy of field notes, filed Corner Records, and the Record of
Survey required for execution of the above obligation to STATE's District Division of
Right of Way and Land Surveys.
13. A copy of all original survey documents resulting from surveys performed for
PROJECT, including original field notes, adjustment calculations, final results, and
appropriate intermediate documents, shall be delivered to STATE and shall become
property of STATE. Three sets of contract prints shall be furnished for aerial
mapping. One set will show control; the second set will contain a complete photo
index consisting of two prints and a copy of the negative; and the third set will
contain the original aerial photography negative.
14. To identify and locate all utility facilities within the area of PROJECT as part of the
design responsibility for PROJECT. All utility facilities not relocated or removed in
advance of construction shall be identified on the PS&E for PROJECT.
15. If any existing public and/or private utility facilities conflict with the construction of
PROJECT or violate STATE's encroachment policy, CITY shall make all necessary
arrangements with the owners of such facilities for their timely accommodation,
protection, relocation, or removal in accordance with STATE's policy and procedure
for those facilities located within the limits of the State Highway and in accordance
with CITY' policy for those facilities located outside the State Highway. The costs
for the PROJECT's positive identification and location, protection, relocation, or
removal of utility facilities whether inside or outside SHS right of way shall be
determined in accordance with Federal and California laws and regulations, and
STATE's policies and procedures, standards, practices, and applicable agreements
including, but not limited to, Freeway Master Contracts.
16. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements
have been made for the protection, relocation, or removal of all conflicting utility
facilities within the State Highway R/W and that such protection, relocation or
removal of conflicting utility facilities has been the subject of environmental approval
and will be completed prior to the award of the contract to construct PROJECT or is
coordinated with construction in the PS&E for said contract. Evidence shall include a
copy of all required State Highway encroachment permits.
25D-7
DISTRICT AGREEMENT
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17. CITY shall require any utility owner and/or its contractor performing any work within
the State Highway R/W to obtain an encroachment permit from STATE prior to the
beginning of work.
18. To acquire and furnish all R/W, if any, outside of the existing State Highway R/W
and to perform all R/W activities, including all eminent domain activities, if
necessary, at no cost to STATE, and in accordance with procedures acceptable to
STATE. These activities shall comply with all applicable State and Federal laws and
regulations, subject to STATE's IQA to insure that the completed work is acceptable
for incorporation into the State Highway R/W.
19. To utilize the services of a qualified public agency or a qualified consultant, in
accordance with STATE's Local Assistance Procedures Manual and as confirmed by
STATE's District Division Chief of Right of Way, in all matters related to the
acquisition of R/W in accordance with STATE's procedures as published in STATE's
current Right of Way Manual. Whenever personnel other than personnel of a
qualified public agency are utilized, administration of the personnel contract shall be
performed by a qualified Right of Way person employed or retained by CITY.
20. To certify legal and physical control of R/W ready for construction and that all R/W
parcels were acquired in accordance with applicable State and Federal laws and
regulations, subject to review and concurrence by STATE prior to the advertisement
for bids for the contract to construct PROJECT.
21. To deliver to STATE legal title to the R/W, including access rights, if any, free and
clear of all encumbrances detrimental to STATE's present and future uses not later
than the acceptance date by STATE for maintenance and operation of the highway
facility. Acceptance of said title by STATE is subject to a review of a Policy of Title
Insurance in the name of the State of California to be provided and paid for by CITY.
22. Since the PROJECT construction phase is the subject of a future agreement, CITY in
administering and contracting to perform the other phases of the PROJECT, namely
design and right of way, agrees to include a "conflict of interest" requirement in the
PROJECT design consultant contracts that prohibits that design consultant from being
employed or under contract to the future PROJECT construction contractor.
23. If CITY desires to have STATE advertise, award, and administer the construction
contract for PROJECT, CITY shall provide STATE with plans in a format acceptable
to STATE. Reimbursement to STATE for costs incurred by STATE to advertise,
award, and administer the construction contract for PROJECT will be covered in the
separate Cooperative Agreement.
24. All aerial photography and photogrammetric mapping shall conform to STATE's
current standards.
25. A copy of all original survey documents resulting from surveys performed for
PROJECT, including original field notes, adjustment calculations, final results, and
appropriate intermediate documents, shall be delivered to STATE and shall become
25D-8
DISTRICT AGREEMENT
12-522
property of STATE. For aerial mapping, all information and materials listed in the
document "Materials Needed to Review Consultant Photogrammetric Mapping" shall
be delivered to STATE and shall become property of STATE.
26. All original recorded land title documents created by PROJECT shall be delivered to
STATE and become property of STATE.
27. To submit to STATE a list of STATE horizontal and vertical control monuments that
will be used to control surveying activities for PROJECT.
SECTION II
STATE AGREES:
At no cost to CITY, to provide IQA to assure that CTTY's PS&E and R/W activities
are performed in full compliance and in accordance with STATE's then effective
policies, procedures, standards, and practices. This IQA function includes both the
obligation and authority to reject PROJECT work and materials accepted by CITY, to
order any actions needed for public safety or the preservation of property, and to
assure compliance with all provisions of the encroachment permit(s) issued to CITY
and CITY' contractor.
2. Upon proper application by CITY and by CITY's consultants, to issue, at no cost to
CITY and CTTY's contractor, the necessary encroachment permits for required work
within the State Highway R/W, as more specifically defined elsewhere in this
Agreement.
SECTION III
IT IS MUTUALLY AGREED:
All obligations of STATE under the terms of this Agreement are subject to the ap-
propriation of resources by the Legislature, State Budget Act authority, and the
allocation of funds by the California Transportation Commission (CTC).
2. The parties to this Agreement understand and agree that STATE's IQA is defined as
providing STATE policy and procedural guidance through the completion of the
PROJECT plans, specifications and estimate (PS&E) and right of way phases
administered by CITY. This guidance includes prompt reviews by STATE to assure
that all work and products delivered or incorporated into the PROJECT by CITY
conform with then existing STATE standards. IQA do not include any PROJECT
25D-9
DISTRICT AGREEMENT
12-522
related work deemed necessazy to actually develop and deliver the PROJECT nor
does it involve any validation to verify and recheck any work performed by CITY
and/or its consultants or contractors and no liability will be assignable to STATE, its
officers and employees by CITY under the terms of this Agreement or by third parties
by reason of STATE's IQA activities. All work performed by STATE pursuant to an
amendment to this agreement that is not direct IQA shall be chargeable against
PROJECT funds as a service for which STATE will invoice its actual costs and CITY
will pay or authorize STATE to reimburse itself from the available PROJECT funds..
3. To not use STATE funds for any PROJECT capital and support costs except costs of
STATE `s IQA.
4. The Project Report (PR) for PROJECT, approved on April 13, 2006, is by this
reference, made an express part of this Agreement.
5. The basic design features shall comply with those addressed in the approved PR,
unless modified as required for completion of the PROJECT's environmental
documentation and/or if applicable, requested by the Federal Highway Administration
(FHWA).
6. The design and R/W activities for PROJECT shall be performed in accordance with
STATE's standards and practices current as of the date of performance. Any
exceptions to applicable design standazds shall first be approved by STATE via the
processes outlined in STATE's Highway Design Manual and appropriate
memorandums and design bulletins published by STATE. In the event that STATE
proposes and /or requires a change in design standards, implementation of new or
revised design standards shall be done as part of the work on PROJECT in
accordance with STATE's current Highway Design Manual Section 82.5, "Effective
Date for Implementing Revisions to Design Standazds". STATE shall consult with
CITY in a timely manner regazding effect of proposed and/or required changes on
PROJECT.
7. The party that discovers HM (Hazardous Material) will immediately notify the other
party(ies) to the Agreement.
HM-I is defined as hazazdous material (including but not limited to hazazdous waste}
that requires removal and disposal pursuant to federal or state law, whether it is
disturbed by PROJECT or not.
HM-2 is defined as hazardous material (including but not limited to hazardous waste)
that may require removal and disposal pursuant to federal or state law, only if
disturbed by PROJECT.
8. STATE, independent of PROJECT, is responsible for any HM-1 found within
existing SHS right of way. STATE will undertake HM-1 management activities with
minimum impact to PROJECT schedule and will pay all costs for HM-1 management
activities.
25D-10
DISTRICT AGREEMENT
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CITY, independent of PROJECT, is responsible for any HM-1 found outside existing
SHS right of way. CITY will undertake HM-1 management activities with minimum
impact to PROJECT schedule and will pay all costs for HM-1 management activities.
9. If HM-2 is found within the limits of PROJECT, the public agency responsible for
advertisement, award, and administration (AAA) of the PROJECT construction
contract will be responsible for HM-2 management activities.
Any management activity cost related to H1VI-2 is a PROJECT construction cost.
10. Management activities related to either HM-1 or HM-2 include, without limitation,
any necessary manifest requirements and designation of disposal facility.
11. STATE's acquisition or acceptance of title to any property on which any hazardous
material is found will proceed in accordance with STATE's policy on such
acquisition.
12. CITY agrees to obtain, as a PROJECT cost, all necessary PROJECT permits,
agreements, and/or approvals from appropriate regulatory agencies, unless the parties
agree otherwise in writing. If STATE agrees in writing to obtain said Project permits,
agreements, and/or approvals, those said costs shall be a PROJECT
13. CITY shall be fully responsible for complying with and implementing any and all
environmental commitments set forth in the environmental documentation, permit(s),
agreement(s), and/or approvals for PROJECT. The costs of said compliance and
implementation shall be a PROJECT cost.
14. If there is a challenge to the environmental documentation, including supporting
investigative studies and/or technical environmental report(s), permit(s),
agreement(s), and/or approvals for PROJECT, all legal costs associated with those
said legal challenges shall be a PROJECT cost.
15. All administrative reports, studies, materials, and documentation, including, but not
limited to, all administrative drafts and administrative finals, relied upon, produced,
created or utilized for PROJECT will be held in confidence pursuant to Government
Code section 6254.5(e). The parties agree that said material will not be distributed,
released or shared with any other organization, person or group other than the parties'
employees, agents and consultants whose work requires that access without the prior
written approval of the party with the authority to authorize said release and except as
required or authorized by statute or pursuant to the terms of this Agreement.
16. If during preparation of PS&E, performance of R/W activities or performance of
PROJECT construction, new information is obtained which requires additional
environmental documentation to comply with CEQA and, if applicable, NEPA, this
agreement will be amended to include completion of those additional tasks.
25D-11
DISTRICT AGREEMENT
12-522
17. STATE will prepare the revised Freeway Agreement and obtain approval for the new
public road connection(s) from the CTC. CITY will prepare the necessary exhibits to
complete the revised Freeway Agreement.
18. Nothing in the provisions of this Agreement is intended to create duties or obligations
to or rights in third parties not party to this Agreement or to affect the legal liability of
either party to the Agreement by imposing any standard of care with respect to the
development or design of State Highways and public facilities different from the
standard of care imposed by law.
19. Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
CITY under or in connection with any work, authority or jurisdiction conferred upon
CITY or arising under this Agreement. It is understood and agreed that CITY will
fully defend, indemnify and save harmless STATE and all its officers and employees
from any and all claims, suits, or actions of every name, kind and description brought
forth under, including, but not limited to, tortious, contractual, inverse condemnation,
or other theories or assertions of liability occurring by reason of anything done or
omitted to be done by CITY under this Agreement.
20. Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction conferred
upon STATE or arising under this Agreement. It is understood and agreed that
STATE will fully defend, indemnify and save harmless CITY and all its officers and
employees from any and all claims, suits, or actions of every name, kind and
description brought forth under, including, but not limited to, tortious, contractual,
inverse condemnation, or other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this Agreement.
21. This Agreement may be terminated or provisions contained herein may be altered,
changed, or amended by mutual consent of the parties hereto.
22. No alteration or variation of the terms of this Agreement shall be valid unless made
by a formal amendment executed by the parties hereto and no oral understanding or
agreement not incorporated herein shall be binding on any of the parties hereto.
23. Except as otherwise provided in Article 16 above, this Agreement shall terminate
upon satisfactory completion of all post-PROJECT construction obligations of CITY
and the delivery of required PROJECT construction documents, with concurrence of
STATE, or on December 31, 2015, whichever is earlier in time, except that the
ownership, operation, maintenance, indemnification, environmental commitments,
legal challenges, and claims articles shall remain in effect until terminated or
modified, in writing, by mutual agreement. Should any construction related or other
claims arising out of PROJECT be asserted against one of the parties, the parties
agree to extend the fixed termination date of this Agreement, until such time as the
construction related or other claims are settled, dismissed or paid..
25D-12
DISTRICT AGREEMENT
12-522
STATE OF CALIFORNIA CITY OF SANTA ANA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By:
Jim Beil
Deputy District Director
Capital Outlay Program
APPRO AS TO RM AND PROCEDURE:
~~, ; L~ , "
Attorney
Department of Transportation
CERTIFIED AS TO AVAII,ABLE FUNDS:
District Budget Manager
B y:
Mayor
Attest:
City Clerk
APPROVED AS TO FORM AND
PROCEDURE:
Attorney
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
~ ~jz, ,.
Acc nting Administrator
25D-13
DISTRICT AGREEMENT
12-522
SCOPE OF WORK
This Scope of Work outlines the specific areas of responsibility for various project development
activities for the proposed Alton OC and Direct HOV Drop Ramps on SR-55 between MacArthur
Blvd to Dyer Rd.
CITY and STATE concur that the proposal is a Category-3 as defined in STATE's
Project Development Procedures Manual.
1. STATE will review, monitor, and approve all project development reports, studies,
and plans, and provide all necessary implementation activities up to, but not including
advertising of the project.
2. The existing freeway agreement need to be revised and has been revised as an
attachment for the approval of New Public Road Connection (NPRC) of direct access
HOV drop ramps to SR-55 from California Transportation Commission (CTC).
All phases of the project, from inception through construction, whether done by CITY
or STATE, will be developed in accordance with all policies, procedures, practices,
and standards that STATE would normally follow.
4. Detailed steps in the project development process aze attached to this Scope of Work.
These Attachments aze intended as a guide to STATE and CITY staff.
25D-14
DISTRICT AGREEMENT
12-522
ATTACHMENT 2
DESIGN PHASE ACTIVTI'IES
RESPONSIBILITY
STATE CITIES
PROJECT ACTIVITY
1. PRELIMINARY COORDINATION
Request 1 -Phase EA X
Field Review of Site X X
Provide Geometrics X
Approve Geometrics ~ X
Obtain Surveys & Aerial Mapping X
Obtain Copies of Assessor Maps and Other R/W Maps X
Obtain Copies of As-Builts X
Send Approved Geometrics to Local Agencies for Review X
Revise Approved Geometrics if Required X
Approve Final Geometrics X
Determine Need for Permits from Other Agencies X X
Request Permits X
Initial Hydraulics Discussion with District Staff X
Initial Electrical Design Discussion with District Staff X
Initial Traffic & Signing Discussion with District Staff X
Initial Landscape Design Discussion with District Staff X
Plan Sheet Format Discussion X X
2. ENGINEERING STUDIES AND REPORTS
Prepare & Submit Materials Report & Typical Section X
Review and Approve Materials Report & Typical Section X
Prepare & Submit Landscaping Recommendation X
Review & Approve Landscaping Recommendation X
Prepare & Submit Hydraulic Design Studies X
Review & Approve Hydraulic Design Studies X
Prepare & Submit Bridge APS, Structures Foundation, General Plan & X
Structure Type Selection
Review & Approve Bridge APS, Structures Foundation, General Plan & X
Structure Type Selection
25D-15
DISTRICT AGREEMENT
12-522
RESPONSIBII.ITY
STATE CITIES
PROJECT ACTIVITY
3. R/W ACQUISITION & UTILITIES
(Used when qualified Local Agency is performing R/W activities.)
Request Utility Verification X
Request Preliminary Utility Relocation Plans from Utilities X
Prepare R/W Requirements X
Prepare R/W and Utility Relocation Cost Estimates X
Submit R/W Requirements & Utility Relocation Plans for Review X
Review and Comment on R/W Requirements X
Longitudinal Encroachment Review X
Longitudinal Encroachment Application to District X
Approve Longitudinal Encroachment Application X
Request Final Utility Relocation Plans X
Check Utility Relocation Plans X
Submit Utility Relocation Plans for Approval X
Approve Utility Relocation Plans X
Submit Final R/W Requirements for Review & Approval X
Fence and Excess Land Review X
R/W Layout Review X
Approve R/W Requirements X
Obtain Title Reports X
Complete Appraisals X
Review and Approve Appraisals for Setting Just Compensation X
Prepare Acquisition Documents X
Acquire R/W X
Open escrows and Make Payments X
Obtain Resolution of Necessity X
Perform Eminent Domain Proceedings X
Provide Displacee Relocation Services X
Prepare Relocation Payment Valuations X
Provide Displacee Relocation Payments X
Perform Property Management Activities X
Perform R/W Clearance Activities X
Prepare and Submit Certification of R/W X
Review and Approve Certification of R/W X
Transfer R/W to STATE X
Approve & Record Title Transfer Documents X
Prepare R/W Record Maps ~{
25D-16
DISTRICT AGREEMENT
12-522
RESPONSIBILITY
STATE CITIES
PROJECT ACTIVITY
4. PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES
Prepare and Submit Preliminary Stage Construction Plans X
Review Preliminary Stage Construction Plans X
Calculate and Plot Geometrics X
Cross-Sections & Eazthwork Quantities Calculation X
Prepare and Submit BEES Estimate X
Put Estimate in BEES X
Local Review of Preliminary Drainage Plans and Sanitary Sewer and X
Adjustment Details
Prepare & Submit Preliminary Drainage Plans X
Review Preliminary Drainage Plans X
Prepare Traffic Striping and Roadside Delineation Plans & Submit for X
Review
Review Traffic Striping and Roadside Delineation Plans X
Prepaze & Submit Landscaping and/or Erosion Control Plans X
Review Landscaping and/or Erosion Control Plans X
Prepare & Submit Preliminazy Electrical Plans X
Review Preliminary Electrical Plans X
Prepare & Submit Preliminazy Signing Plans X
Review Preliminary Signing Plans X
Quantity Calculations X
Safety Review X X
Prepare Specifications X
Prepare & Submit Checked Structure Plans and Calculations X
Review & Approve Checked Structure Plans and Calculations X
Prepaze Final Contract Plans X
Prepare Lane Closure Requirements X
Review and Approve Lane Closure Requirements X
Prepare & Submit Striping Plan X
Review & Approve Striping Plan X
Prepare Final Estimate X
Prepare & Submit Draft PS&E X
Review Draft PS&E X
Finalize & Submit PS&E to District X
25D-17
DISTRICT AGREEMENT
12-522
ATTACHMENT 3
DEFINITIONS
Basic Design Features - A general description of the facility:
• Design speed of State Highway facility and Local Agency roads and streets. 120 km/h and 75
km/h
• Number of through lanes, auxiliary lanes and locations of interchanges and separations. 4
through lanes each direction, one auxiliary lane each direction, one through HOV lane each
direction, 0.8 km to MacArthur Boulevard, 0.6 km to Dyer Road, 2.4 km to 55!405 interchange
• Widths of through lanes, medians, and shoulders for both the State Highway facility and local
roads and streets. FREEWAY: Lanes are 3.6 meters, median varies >5.4 meters, right shoulders
are 3.0 meters, left shoulders vary from 0.6 meters to >3.0 meters; STREET: lanes vary 3.6 to
4.9 meters, median varies 3.6 to 4.9 meters
• Need for special feature such as sound walls, transportation system management plans, HOV
lanes, bridge widening, ramp metering, etc. See Figure 2-1.3A of State Project Development
Procedures Manual for additional discussion of items to be considered as basic design features.
Existing HOV lanes would be maintained, new HOV drop ramps would be implemented, Dyer
Road under crossing would be widened, Alton Avenue over crossing would be constructed, ramp
meters would be included on all four affected on-ramps
Mandatory and Advisory Design Standards have been approved on 10/02/2001 and 8/23/2001
respectively.
25D-18
AGREEMENT FOR PROVISION OF
DESIGN ENGINEERING SERVICES
THIS AGREEMENT, made and entered into this 6t" day of April, 2009 by and between
Huitt-Zollars, Inc., a California corporation (hereinafter "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 (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
design engineering for the purpose of preparing construction documents.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
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 consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform consulting engineering services, as set forth in City's Request
for Proposals -Geometric Approval Drawings (GAD) and Plans, Specifications and Estimates
(PS&E) Preparation for the Alton Avenue Overcrossing at State Route (SR) 55 Project, dated
November 25, 2008, attached as Exhibit A to this Agreement, and incorporated by reference.
Said services will be provided by Consultant personnel and sub consultants as set forth in
Consultant's Proposal dated January 5, 2009, attached hereto as Exhibit A-1.
2. DELIVERY OF WORK PRODUCT -OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
25D-19
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material shall be the property of
the City, and may not be copyrighted without prior review from the City, and (b) the authors of
all such material, whether copyrighted or not, award to the City, and to its officers, agents and
employees acting within the scope of their official duties, as a condition of payment to the
Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for
governmental purposes to disclose, publish, translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in the Fee Proposal, attached hereto as Exhibit B. The total sum
to be expended under this Agreement shall not exceed $1,495,695.00 during the term of this
Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. City shall retain
twenty percent (20%) of the contract price from each payment until the completed Project has
been accepted by City. Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on
expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below.
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. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
25D-20
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance which shall include, but not be limited to protection against claims
arising from bodily and personal injury, including death resulting therefrom and damage to
property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $2,000,000 per occurrence, $4,000,000 in the aggregate. Such insurance shall (a)
name the City, its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the
City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage
for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $2,000,000 per claim, and $4,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
25D-21
7. INDEMNIFICATION
Consultant agrees to 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 health, and claims for property damage, which may arise from the
negligence, recklessness or willful misconduct of the Consultant or its contractors,
subcontractors, agents, employees, or other persons acting on their behalf which relates to the
services described in section 1 of this Agreement; and (2) from any claim that personal injury,
damages, just compensation, restitution, judicial or equitable relief is due by reason of the
negligence, recklessness or willful misconduct of Consultant 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 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.
8. 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.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. 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
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25D-22
mailed by first class or certified mail, postage prepaid, or sent by facsimile 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
facsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. BOX 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Steven Tayanipour
Huitt-Zollars, Inc.
420 Exchange, Suite 200
Irvine, California 92602
facsimile (714)734-5155
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 facsimile, 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.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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
25D-23
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 nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. 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.
13. 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. However, any use of unfinished work product
shall be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. 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
25D-24
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.
16. 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 her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
///
///
///
///
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25D-25
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
HUITT-ZOLLARS, INC.
STEVEN TAYANIPOUR
Vice President
Tax ID #
25D-26
EXHIBITA
REQUEST FOR PROPOSAL
GEOMETRIC APPROVAL DRAWINGS (GAD) AND PLANS,
SPECIFICATIONS AND ESTIMATES (PS&E) PREPARATION FOR THE
ALTON AVENUE OVERCROSSING AT STATE ROUTE (SR) 55 PROJECT
November 21, 2008
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92702
Issued by:
Souri Amirani, Deputy City Engineer
City of Santa Ana
25D-27
REQUEST FOR PROPOSAL
GAD AND PS&E PREPARATION FOR THE
ALTON AVENUE OVERCROSSING AT STATE ROUTE 55 PROJECT
TABLE OF CONTENTS
I. INTRODUCTION ...................................................................................................... 4
II. BACKGROUND ......................................................................................................4
III. CONTENT OF PROPOSAL .................................................................................... 6
IV. SCOPE OF WORK ................................................................................................... 7
V. GENERAL REQUIREMENTS ................................................................................ 17
VI. PERFORMANCE PERIOD ..................................................................................... 18
VII. CONSULTANT SELECTION COMMITTEE .......................................................... 19
VIII. ESTABLISHING OF FEES .................................................................................... 19
IX. PROFESSIONAL SERVICES AGREEMENT ....................................................... 19
X. INSURANCE REQUIREMENTS ........................................................................... 19
XI. CITY RESPONSIBILITY ........................................................................................ 20
XII. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL ........................ 20
XIII. RIGHT TO REJECT PROPOSALS ...................................................................... 20
XIV. SCHEDULE ........................................................................................................... 20
XV. PROPOSAL SUBMITTAL DEADLINE ................................................................... 21
XVI. ISSUING OFFICE .................................................................................................. 21
XVII. ADDENDA ..............................................................................................................21
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XVIII. PRIME CONSULTANT RESPONSIBILITIES ....................................................... 21
XIX. DELAYS .................................................................................................................21
XX. PROJECT CONTROL ............................................................................................ 21
XXI. RULES FOR PROPOSALS ................................................................................... 21
XXII. METHOD OF PAYMENT ........................................................................................ 21
XXIII. REGULATIONS ..................................................................................................... 22
XXIV. THE CITY'S AFFIRMATIVE ACTION PROGRAM & DBE GOAL ......................... 22
EXHIBITS
EXHIBIT A -LOCATION MAP
EXHIBIT B -PROPOSED ALTON AVE OVERCROSSING
EXHIBIT C -SAMPLE PROFESSIONAL SERVICES AGREEMENT
EXHIBIT D -CERTIFICATION OF INSURANCE
EXHIBIT E -CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS
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25D-29
REQUEST FOR PROPOSAL
GAD AND PS&E PREPARATION FOR THE
ALTON AVENUE OVERCROSSING AT STATE ROUTE 55 PROJECT
INTRODUCTION
The City of Santa Ana Public Works Agency desires to enter into an agreement with
a qualified consulting engineering firm for the preparation of Geometric Approval
Drawings (GAD), Plans and Specifications and Estimate (PS&E) for the Alton
Avenue overcrossing at the State Route 55 (SR-55). The design will be based on
Phase I of the approved Alton Avenue Overcrossing Project Report (PR)
configuration. Major elements of the project are:
A 90-foot wide overcrossing structure across SR-55 at Alton Avenue
connecting the Cities of Santa Ana and Irvine. This structure design shall
accommodate future Northbound and Southbound HOV direct access on-
ramp and off-ramp from Alton Avenue to the median HOV lanes of SR-55.
Travel paths and curb cuts shall be provided for wheelchair access according
to Americans with Disabilities Act (ADA) requirements.
Alton Avenue widening to the north between Maple Street and Halladay
Street to meet City of Santa Ana secondary arterial standards.
The limits of the project are shown in Exhibit A. The proposed improvements are
included in Exhibit B. The City of Santa Ana is the lead agency for this project and is
securing a cooperative agreement with Caltrans District 12 and the City of Irvine for
quality assurance. This project is funded through the City of Santa Ana, City of
Irvine, and OCTA.
11. PROJECT BACKGROUND
SR-55 between State Route 91 in Anaheim and 19th Street in Costa Mesa is a north-
south freeway transportation facility that acts as the city boundary between the City
of Santa Ana to the west and the City of Irvine to the east with interchanges at
MacArthur Boulevard and Dyer Road providing the interconnection between the two
cities. Due to the growth trends in both of these cities, the need for additional
circulation improvements was developed to ease the current traffic congestion. In
2002, Parsons Brinckerhoff Quade & Douglas (PB) prepared a traffic study
indicating that 13 of 16 local streets intersections within the project vicinity would
operate at an unacceptable Levels of Service (LOS) E or F during the AM peak
period, PM peak period, or both in 2025. Alton Avenue, currently not continuous
between the two cities having ends at Standard Ave in the City of Santa Ana and
Daimler Street in the City of Irvine, is identified as an optimal location to serve as
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25D-30
another major east/west link between the two cities. The proposed project would
consist of Alton Avenue as a four-lane overcrossing with a 14-foot median
connecting each side of SR-55 and the addition of HOV direct access drop ramps to
support circulation between the Cities of Santa Ana and Irvine, relieve local traffic
congestion, support planned development and growth in both cities, and improve
HOV access.
In 2004, PB under a contract with the City of Santa Ana prepared an Environmental
Impact Report with Findings of Fact and Statement of Overriding Considerations /
Environmental Assessment with Finding of No Significant Impact (EIR/EA) and a
Project Report to determine and evaluate the impacts of the proposed project and to
select a preferred alignment. To document National Environmental Policy Act
(NEPA) clearance, the Federal Highway Administration (FHWA) has determined that
this project will not have any significant impact and prepared a Finding of No
Significant Impact (FONSI) in 2005 documenting that this project will not have any
significant on the human environment. The preferred alternative (in Exhibit B) was
concurred and approved by Caltrans in 2006. Caltrans approved the following
mandatory and advisory nonstandard features per the Caltrans Highway Design
Manual (HDM) on October 3, 2001 and August 23, 2001, respectively:
APPROVED NON-STANDARD MANDATORY AND ADVISORY DESIGN FEATURES
Exce tion Index Desi n Sub'ect HDM Standard Pro osed Desi n
Mandato 202.7 Standards for Su erelevation +4% +2%
Mandato 302.1 Shoulder Width
On Freewa 10 ft Left 2 ft Left
On HOV Ram 4 ft Left 2 ft Left
Mandato 309.1 Horizontal Clearance
On Freewa 10 ft Left 2 ft Left
On HOV Ram 4 ft Left 2 ft Left
Mandato 501.3 Interchan e S acin Between
Freeway-to-freeway Interchange
and Local Street Interchan e
2 miles
1.5 mile
Interchan es 1 mile 0.3 mile
Adviso 101.1 Desi n S eed of Local Facilit 45 MPH 35 to 42 MPH
Adviso 305.1 Median Width 36 ft 18 ft
Adviso
310.2 Outer Separation from Edge of
Traveled Wa ETW to ETW
26 ft
5 ft
The following documents and files are available on the attached compact disc:
A. EIR/EA
B. PR (Approved by Caltrans in 2006)
1. Traffic Study (Approved as part of the PR)
2. Long Form -Storm Water Data Report (Approved in 2006)
3. FONSI (Approved by FHWA on 11/28/2005)
C. Mandatory Fact Sheet (Approved by Caltrans on 10/03/2001)
D. Advisory Fact Sheet (Approved by Caltrans on 08/23/2001)
E. Traffic Analysis Technical Report
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25D-31
F. Half-size set of plans (Title Sheet, Typical Sheets, Layout Plans, Profile Plans,
Lane Channel Realignment Plan and Advanced Planning Studies)
G. Cooperative Agreement with Caltrans (Approved in February, 2007)
H. Initial Site Assessment (ISA)
I. Socioeconomic Report
J. Final Relocation Impact Report
K. Historic Property Survey Report -Negative Findings
In 2007, OCTA commenced the SR-55 Widening project between Interstates 405
and 5, which is currently at the Project Study Report Phase. This project consists of
five alternatives and the widest alternative includes one additional general purpose
lane in each direction compared to the SR-55 lane configuration of the approved
Alton Avenue Overcrossing Project. The design of Alton Avenue Overcrossing
Project shall be compatible with the five design alternatives of OCTA's SR-55
Widening Project.
If you have any further question, please contact Kenny Nguyen at (714)647-5632.
III. CONTENT OF PROPOSAL
In order to maintain a uniformity with all proposals furnished by the Consultants, it is
hereby requested the proposals be limited to a maximum of 35 pages (excluding
front and back covers, section dividers and resumes) and include the following:
A. Cover letter highlighting the Prime Consultant's qualifications and the primary
location where the work will be performed. There shall be indication that the
proposal will be valid for 90 days and must be signed by an officer that has
authority to bind the Consultant.
B. Project understanding and approach discussing the project, key issues, and any
suggestions or special concerns that the City of Santa Ana should be made
aware of.
C. A detailed scope of work identifying each required task for the preparation of the
Environmental Reevaluation, GAD, and PS&E in accordance with Caltrans
policies and requirements, along with any additional tasks not currently identified
in this RFP, but are necessary for the successful completion of the project.
D. Project schedule, management plan and quality control measures to be
implemented on the project that will ensure that the required services will be
completed in a timely manner. The Consultants shall provide the firm's workload
and the ability to perform the work requested, specifically as it relates to the
Project Manager and key personnel.
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25D-32
E. Project team organization chart identifying the Project Manager and those who
will be performing the work along with a brief resume of each team member,
including similar type of projects in which he/she has been directly involved. A
minimum of three references for similar size and type projects, including contact
name, organization, and phone number, shall be included for the Project
Manager. The Project Manager will be the primary contact person to represent
the firm and will be the person to conduct the presentation, if invited for an
interview. Sub-consultants, if any, shall be identified with the same requirements
as for the prime consultant.
F. List of similar projects which your firm completed within the last five (5) years.
Project information should include project description, agency, client name along
with contact information, year completed, project construction and design cost,
and team members that worked on the projects.
G. Eight (8) bound copies of a complete responsive proposal shall be submitted.
IV. SCOPE OF WORK
The Consultant shall be responsible for the preparation and submittal of the
Environmental Reevaluation, GAD, PS&E and R/W activities through completion,
with the approval from the Cities of Santa Ana and Irvine and Caltrans. The
following is the breakdown of the scope of work for the project. Any additional tasks
deemed necessary by the Consultant shall be clearly identified in the proposal.
A. Management and Administration
The Consultant is fully responsible for the overall project management,
administration and coordination for the project, including but not limited to
the following:
Management and Coordination -The Consultant shall be the liaison
with affected agencies, monitor project progress and maintain project
files. Other responsibilities of the Consultant include supervising,
coordinating, monitoring and reviewing design for conformance with
Caltrans, County of Orange, and local agencies standards, policies
and procedures.
2. Meetings -Project Development Team (PDT) meetings shall occur
monthly with all stakeholders and will be held at the City of Santa Ana.
The Consultant shall send out the agenda and any necessary
communication documents a minimum of two (2) business days in
advance, prepare and distribute meeting minutes, new action items
and disposition of previous action items and other communication
documents within five (5) business days after the meeting to all
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25D-33
attendees and invitees. The Consultant shall identify any additional
meetings as they deem necessary.
3. Progress Reporting -Progress reports shall be submitted at monthly
intervals, indicating progress achieved during the reporting period in
relation to the progress scheduled. The Consultant shall provide the
City with two (2) copies of the progress report at least four (4) working
days before the PDT.
4. Project Schedule -The Consultant shall prepare the project schedule
in Microsoft Project format utilizing the Caltrans Work Breakdown
Structure (WBS). The project schedule shall be updated on a regular
basis and distributed at the PDT meetings. The project schedule
should break the tasks and subtasks into WBS Level 7 details.
B. Permits
The Consultant shall be responsible for securing Caltrans encroachment
permit for all field studies, such as surveying and geotechnical activities.
The Consultant shall be responsible for securing any additional required
permit from other agencies.
C. Research & Data Collection
The Consultant shall research and collect information related to the project
site, including existing field conditions, as-built plans and record drawings,
agreements, right-of-way data, and all future improvement plans adjacent
to or affecting the project site to accurately layout all underground
improvements, easements, station lines, right-of-way limits and private
property lines. The Consultant shall be responsible for the coordination
with utilities agencies to obtain all necessary existing and proposed
facilities within the affected areas. The Consultant shall coordinate with
OCTA for the compatibility between this project and the SR-55 Widening
Project.
D. Environmental
The Consultant shall be responsible for the review and determination of
whether the environmental assessment in the EIR/EA and PR remains
valid. The Consultant shall coordinate with Caltrans District 12 to
determine the necessary process to update the data and prepare
applicable documents to ensure that the environmental assessment
comply with Caltrans requirements.
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E. Preliminary Engineering
This task includes preparing and obtaining the approval for the Advanced
Planning Study (APS) of the overcrossing bridge and the GAD of the
preferred alternative (Exhibit B) in accordance with Caltrans plan
preparation criteria for GAD. The proposed improvements as shown in
Exhibit B were designed and drawn in metric units. The Consultant shall
be responsible for modifying the final configuration to accommodate the
alternatives of OCTA's SR-55 Widening Project in US Customary English
units. GAD includes conceptual grading for the establishment of
preliminary right-of-way limits. The Consultant shall complete the Caltrans
design checklist (DIB 78) and be responsible for the preparation and
approval of any supplemental mandatory and/or advisory fact sheets from
Caltrans of all additional non-standard design elements during this
preliminary phase. Plan drawings shall be prepared on strip maps in a
sufficient scale to show design features, typically 1 ":50' or 1 ":100' (Refer to
Caltrans Guidelines for GAD Submittal Guidelines). The GAD
development shall include two (2) milestone deliverables-Draft GAD and
Final GAD. At each milestone, eight (8) copies of the GAD, checklist, and
fact sheet shall be delivered to the Cities of Santa Ana and Irvine, along
with requisite number of copies required by Caltrans District 12. The
electronic files shall be submitted upon the approval of GAD.
F. PS&E Preparation
Upon receiving the approval of the GAD and the APS from the City of
Santa Ana, City of Irvine, and Caltrans, the Consultant shall prepare the
necessary PS&E documents ready for bidding for each design option
separately. The design within the Caltrans right-of-way shall follow all
applicable Caltrans standards. Design within the City of Santa Ana or
Irvine limits shall follow their respective design standards.
The following shall be included:
Survey and Mapping -Design level survey and base mapping of the
project site shall be prepared in US Customary English units by a
California licensed Land Surveyor in accordance with Caltrans Surveys
Manual and in Microstation V8 format. The horizontal datum shall be
NAD 83 and the vertical datum shall be NAVD 88. The Consultant
shall be responsible for the following, but not limited to:
a. Obtain survey control of Caltrans and the Cities of Santa Ana
and Irvine.
b. Recover, tie and verify existing survey control to adjacent
monument and benchmark controls.
c. Provide additional secondary horizontal and vertical control for
design surveys.
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25D-35
d. Gather field topography data within the project limits, including,
but not limited to, locations of all existing utilities, headwalls,
catch basins, culverts, rim and invert elevations of any sewer or
storm drain facilities encountered.
e. Identify and provide potholing for all high risk utilities in
accordance to current Caltrans Policy on High and Low Risk
Underground Facilities Within Highway Rights of Way.
Supply cross sections at a minimum of 50-foot interval that shall
extend a minimum of 200 feet beyond proposed project limits.
Cross sections shall include horizontal and vertical locations of
centerlines, flowlines, curbs, sidewalks and grade breaks.
g. Establish record right-of-way and existing easements of the
project site.
h. Prepare traffic control plans according to Caltrans standards for
survey data collecting along Caltrans facilities requiring shoulder
and/or lane closure.
2. Right-of-Way Mapping -The Consultant shall provide all necessary
R/W engineering for project construction. Other responsibilities are,
yet not limited to, the following:
a. The Consultant shall order title reports, research and investigate
existing record data at the offices of the Cities of Santa Ana and
Irvine, County of Orange, Caltrans and any other affected
agencies to gather the necessary information to prepare the
following right-of-way maps and documents according to
Caltrans Right-of-Way Manual and Caltrans Plans Preparation
Manual:
i. Right-of-Way Record Map
ii. Temporary Construction Easements
iii. Permanent Easements
iv. Utilities Easements
3. Geotechnical Design Report and Materials Report - A California
licensed Geotechnical Engineer shall prepare a Preliminary Foundation
Report to support the APS and Type Selection, Foundation Report for
the proposed bridge, retaining walls and soundwall, Geotechnical
Design Report (GDR), Materials Report and an Aerially-Deposited
Lead (ADL) Content Testing Report. All reports shall be in accordance
with Caltrans procedures, regulations, manuals, standards, policies,
and format. Tasks include, but are not limited to, the following:
a. The Consultant shall submit a geotechnical exploration plan
reflecting location and type of boring for Caltrans, the Cities of
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Santa Ana and Irvine to review and process encroachment
permits. For exploratory borings requiring permits to enter, the
Consultant shall do research and submit a list identifying the
owner(s) with the Assessor Parcel Numbers (APN) and the
mailing address, prepare and send letter of Permit-To-Enter on
the City of Santa Ana or Irvine letter head depending on the
location of the property. A copy of such letter shall be provided
to the City of Santa Ana.
b. Sufficient borings and material samples shall be collected to
determine the pavement structural section and the slope
stability of the bridge structure, soundwall, retaining walls,
roadway, and embankment.
c. ADL content testing shall be conducted and analyzed by
California Certified laboratory. A report including findings of the
field investigation, laboratory tests results, statistical analysis
results, and recommendations for placement of on-site soils
excavated during construction within the project area shall be
submitted to the City of Santa Ana for review.
d. It shall be the responsibility of the Consultant to notify
Underground Service Alert, prepare necessary traffic control
plans, and provide traffic control for the field investigations.
e. Geotechnical Engineering Analyses -Results obtained from the
field investigation and laboratory testing program will be used to
establish idealized soil profiles and soil strength parameters for
lateral earth pressures determination, pavement structural
section design, foundation analysis for bridge, retaining walls,
and soundwall, global stability and settlement of embankments.
Composite pavement structural sections will be designed based
on R-values obtained from the laboratory tests and Traffic
Indices using the Caltrans design method. Corrosion
recommendations will be provided for the buried utilities and
drainage devices based on Caltrans Corrosion Guidelines.
f. Report Preparation -The following report shall be submitted in
accordance with Caltrans requirements:
Preliminary Foundation Report documenting existing
foundation conditions, making preliminary foundation
recommendations for the APS and Type Selection
submittal, and identifying the need for additional
investigation and studies.
Foundation Report analyzing site geology, subsurface
and ground water conditions, scour and corrosion
evaluation and presenting remediation measures against
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potential hazards to the foundations and
recommendations for the foundation design.
iii. GDR presenting the project site subsurface geotechnical
conditions based on the exploration drilling and sampling
and laboratory testing, evaluating impacts of these
conditions, and providing recommendations for slope
stability, grading factors, embankments, type of earth
retaining systems, and culvert foundations.
iv. Materials Report summarizing field and laboratory
results, listing special considerations and/or assumptions,
providing recommendations for the design of pavement
structural sections, drainage culvert material selections,
and corrosiveness of new culverts.
v. ADL Report outlining the findings of the field
investigation, results of laboratory tests and statistical
analysis and recommendations of mitigation measures to
meet current Caltrans and Department of Toxic
Substances Control standards regarding ADL
contaminated soil.
4. Utility Coordination and Design -All impacted utility lines within the
project limits shall be compiled on utility base plans and forwarded to
each utility agency for review, correction, and certification of accuracy.
The Consultant shall copy the City of Santa Ana on all transmittals,
notifications, submittals and letters to the utility agencies. Other tasks
include:
a. Identify all utilities with prior/perceptive rights.
b. Prepare utilities plans and pothole plans.
c. Coordinate utility designs-the design of relocated facilities and
new designated service point connection-with utility agencies,
including notifying at the 60%, 95% and final submittal
milestones, distributing of plans with each notification, and
keeping a log of all correspondence with each utility company.
The Consultant shall be responsible for coordinating and
obtaining the necessary utility designs for each submittal
package.
d. Prepare a Utility Relocation Agreement and/or Joint Use
Agreement for each prior right utility relocation within State R/W.
5. Drainage Design -The Consultant shall perform the drainage design in
accordance with Caltrans, County of Orange and affected local
agencies. The tasks include, but not limited to, the following:
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a. Field reconnaissance of project terrain and existing drainage
facilities. Obtain available data and reports from the Cities of
Santa Ana and Irvine, County of Orange, and Caltrans.
b. Prepare the hydrologic analysis utilizing the County of Orange
Hydrology Manual for the project site to identify the tributary
areas of the existing and proposed development/land use.
Analyze the potential change in runoff due to the proposed
improvements.
c. Conduct the hydraulic design in accordance with the County of
Orange Resources and Development Management Department
(RDMD) Standards, Caltrans HDM, and Caltrans Standards.
Hydraulic grade lines must be computed for storm drain
systems within the project limits and shown on drainage plans.
Consolidate the hydraulic computations in a Drainage Report.
d. Obtain approval of the PS&E Storm Water Data Report,
Hydrology and Drainage Reports from Caltrans, County of
Orange, and the Cities of Santa Ana and Irvine. The reports
shall include the analysis of the existing drainage systems,
changes in drainage pattern as a result of the proposed
developments, and recommendations for on-site (drainage flow
originating within Caltrans R/W) and off-site (drainage flow
originating from outside Caltrans R/V1l) improvements for the
existing drainage facilities.
6. Water Quality /Erosion Control - A Long Form Storm Water Data
Report (SWDR) was prepared during the PR by PB and was approved
by Caltrans in 2006. Erosion control design shall be provided since
this project is a new construction and the disturbed area is greater than
one (1) acre. The Consultant shall prepare and obtain approval of the
Storm Water Pollution Prevention Plan (SWPPP) from Caltrans. Due
to the high level of selenium in the groundwater table within the San
Diego Creek/Newport Bay watershed, a separate dewatering permit to
discharge groundwater shall be obtained by the Consultant.
7. Traffic Planning and Design -The traffic report was prepared by PB
and was approved as part of the PR by Caltrans. The Consultant shall
be responsible for reviewing and determining whether the traffic report
in the EIR/EA and PR remains valid. The Consultant shall update any
necessary data to ensure that the traffic report complies with Caltrans
requirements. The Consultant shall prepare a Traffic Management
Plan (TMP) in conformance with Caltrans requirements and approval
to address traffic impact during construction. The TMP shall include
the analysis of all anticipated traffic impacts resulting from the
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proposed developments and the recommendations for mitigation
measures to reduce the impacts to acceptable levels. TMP analysis
shall facilitate ingress and egress access points during the
construction.
8. Structure Design -The Consultant shall be fully responsible for final
subsurface investigations, laboratory testing, geotechnical analysis and
foundation recommendations for the selection and design of
foundations of all structures. This task involves the following elements:
a. Bridge Site Data Submittal (BSDS) -The Consultant shall
collect all pertinent information about the existing site conditions,
planned geometrics, scope of structure work, design and
construction constraints, and any other factors on which
structure designs are based to prepare the BSDS forms and
associated attachments for approval by Caltrans and the Cities
of Santa Ana and Irvine.
b. Bridge Design -The overcrossing bridge shall be designed in
accordance with Caltrans Bridge Memos to Designers, Caltrans
Bridge Design Practice, Caltrans Seismic Design Criteria and
Caltrans Bridge Design Aids manuals and approved by
Caltrans. Other tasks include:
Develop a seismic model of the proposed structure to
analyze the seismic displacement demands and the
displacement capacities of the substructure in order to
determine the size and number of required columns for
adequate seismic resistance of the structure.
ii. Prepare the bridge general plan.
iii. An independent bridge design check shall be performed
by a California registered civil engineer registered in
California with a specialty in bridge design. The
independent check shall include a review of design
calculations, bridge design details, bridge special
provisions and bridge quantity calculations.
iv. Obtain approval of the Structure Type Selection report for
the overcrossing bridge from Caltrans and the Cities of
Santa Ana and Irvine.
c. Retaining Wall Design -Retaining walls shall be designed per
Caltrans standards.
d. Soundwall Design -The EIR/EA and PR recommended noise
barrier to be provided at the property line of a private residence
to achieve Caltrans / FHWA Protocol of reducing a minimum of
five (5) decibels. The Consultant shall prepare the Noise Study
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25D-40
Report (NSR) in according to Caltrans Traffic Noise Analysis
Protocol. The soundwall design shall follow the guidelines from
Caltrans Standard Detail Sheets (XS Sheets).
9. Plans Preparation -The plan development shall include four (4)
milestone deliverables-30%, 60%, 95% (pre-final) and 100% (final).
A plan set shall be prepared for each design option. Plans shall be
prepared in conformance with Caltrans Plans Preparation Manual.
The necessary plans shall include, but not be limited to:
a. Title Sheet
b. Typical Cross Sections
c. Key Map and Line Index
d. Layout
e. Profiles
f. Superelevation
g. Construction Details
h. Temporary Water Pollution Control Details & Quantities
i. Erosion Control Plans and Details
j. Contour Grading
k. Drainage Plans
I. Drainage Profiles
m. Drainage Details
n. Drainage Quantities
o. Utility Plans (include relocation plans or new utility facilities)
p. Stage Construction
q. Stage Construction Details
r. Pavement Delineation Plans
s. Sign Plans
t. Retaining Wall Plans
u. soundwall Plan
v. Landscape Plans (disturbed areas only)
w. Irrigation Plans
x. Electrical Plans
y. Bridge Plans
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25D-41
If any additional design element is identified as anon-standard feature
per Caltrans HDM during the PS&E phase, the Consultant shall obtain
Caltrans approval for the supplemental fact sheet.
10. Specifications -Specifications shall be prepared for each design
option separately and submitted at the following milestones - 30%
(table of contents only), 60%, 95% (pre-final) and 100% (final)
completion levels. All work within the Caltrans R/W shall conform to
the State's Standard Special Provisions (SSP's) and State's Standard
Specifications. Incorporation of the boilerplate of the Cities of Santa
Ana and Irvine general provisions and specifications to the State's
Specifications shall be the responsibility of the Consultant.
A list of contract pay items with the descriptions, item codes and
estimated quantities shall be included in the front of the special
provisions. Pay items shall reference the specification section defining
the measurement and payment.
11. Cost Estimate -Cost estimates shall be prepared for each design
option separately and submitted at each milestone along with the
plans, specifications and reports.
Quantities for all contract pay items shall be substantiated by
calculations. Quantity calculations shall be neat, orderly and shall
show all sketches, diagrams, and dimensions necessary to allow them
to be independently used by field inspectors during construction.
The source of unit cost data shall be included. Lump sum items shall
include a breakdown of major components along with adequate cost
backup justifying the total lump sum cost.
12. Submission Format - PS&E shall be in US Customary English units
and shall conform to Caltrans, the Cities of Santa Ana and Irvine
standards, regulations, policies, manuals, and practices. The
Consultant shall provide clear, concise and complete plans and
reports.
a. Drawings shall be prepared in Microstation V8 format.
Submittals shall be 11 "x17" hard copy and to scale. Electronic
files shall be submitted at the 100% completion level.
b. Electronic copies of the specifications and reports shall be shall
be submitted in Microsoft Word format and the cost estimates
shall be in Microsoft Excel format.
c. Cross sections are considered necessary to properly and
accurately design the improvements and to accurately establish
the earthwork volumes and extent of construction. Cross
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25D-42
sections shall be prepared at a scale and frequency approved
by Caltrans and the City of Santa Ana. The cut and fill volume
quantities shall be computer generated and shall be included
with the cross sections. The cross sections shall be provided to
the City of Santa Ana with the final plans, which will both be
made available in a separate document to potential bidders.
d. The Consultant shall directly submit the PS&E at each milestone
to each of the project stakeholders. At each milestone, eight (8)
copies of the PS&E and reports each shall be delivered to the
Cities of Santa Ana and Irvine, along with the requisite number
of copies required by Caltrans District 12.
e. The Consultant shall submit the requisite number of plan sets to
the utilities for review of conflicts.
The Consultant shall provide a complete Resident Engineers file
set at the conclusion of design, including a copy of all third-party
correspondence, utility logs, cross sections, survey data file, etc.
pertinent for the Resident Engineer as described in the Caltrans
Project Development Procedures Manual (PDPM).
V. GENERAL REQUIREMENTS
A. All work shall be performed in conformance with the latest State of California
and the Cities of Santa Ana and Irvine's policies, procedures and standards.
B. Consultant shall carry out the instructions received from the City of Santa Ana
and shall cooperate with the City of Santa Ana and other involved agencies.
C. The Consultant has total responsibility for the accuracy and completeness of all
documents and plans prepared and shall check all such materials accordingly.
The plans will be reviewed by the City of Santa Ana for conformity with the
requirements of the Agreement. Reviews by the City do NOT include detailed
review or checking of design or the accuracy with which such designs are
depicted in the documents and the plans. The responsibility for accuracy and
completeness of such items remains solely that of Consultant.
D. The documents and plans furnished under the Agreement shall be of a quality
acceptable to the Cities of Santa Ana and Irvine and the State. The criteria for
acceptance shall be a product of neat appearance, well organized, technically
and grammatically correct, checked, and dated and having the maker and
checker identified. The minimum standard of appearance, organization and
content of the documents shall be that of similar types produced by the State
and set forth in related Caltrans manuals. The Consultant shall modify its work
as necessary to meet the level of acceptability defined by the criteria above.
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25D-43
E. The Consultant shall have a quality control plan in effect during the entire time
work is being performed under the Agreement. The quality control plan shall
establish a process which includes checking procedures for report preparation,
a discipline and interdiscipline check of the GAD and PS&E, an independent
constructability review, correcting and back checking procedures, and all job
related correspondence and memoranda dated and received by affected
persons and then bound in appropriate job files. The City of Santa Ana
reserves the right to request proof of said documentation.
F. Manuals/Standards -Where applicable, engineering design of all PROJECT
improvements shall be compatible and in accordance with the following, but not
limited to:
• AASHTO Standards
• Caltrans Project Development Procedures Manual
• Caltrans Plans Preparation Manual
• Caltrans Highway Design Manual
• Caltrans Right of Way Manual
• Caltrans Standard Plans
• Caltrans Standard Specifications
• Caltrans Standard Special Provisions
• Caltrans Ready to List and Construction Contract Award Guide
• Caltrans Surveys Manual
• Caltrans Traffic Manual
• Caltrans Standard Detail Sheets (XS Sheets)
• Caltrans Bridge Design Aids
• Caltrans Bridge Memo to Designers
• Standard Specifications for Public Works Construction
• City of Santa Ana Standard Plans and Specifications
• City of Irvine Standard Plans and Specifications
• County of Orange County Standard Plan
It shall be the responsibility of the Consultant to verify that the latest version
and/or update of these documents are obtained.
G. The Consultant's work will be subject to inspections by representatives of the
City of Santa Ana, City of Irvine, County of Orange, Caltrans and FHWA.
VI. PERFORMANCE PERIOD
A. The contract shall begin upon approval by the City Council, and the Consultant
shall commence work after notification to proceed by the City. Unless extended
by contract amendment, the contract shall terminate upon acceptance by the
City of Santa Ana of the project and upon completion of the terms of this
agreement by the Consultant.
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25D-44
B. The Consultant is advised that any recommendation for contract award is not
binding on the City until the Agreement and all pertinent paperwork are fully
executed and approved by the City Council.
VII. CONSULTANT SELECTION COMMITTEE
The City has established a Consultant Selection Committee to evaluate each
consultant's proposals. The evaluation of each proposal will be based on technical
criteria and qualifications listed in the RFP, reference checks, and other information
which will be gathered independently. A final listing of the most qualified consultants
will then be established for. possible interview.
VIII. ESTABLISHING OF FEES
A fee proposal is to be submitted separately in a sealed envelope plainly labeled
"Fee Proposal". The fee proposal shall include anot-to-exceed fee and a detailed
labor hour breakdown by task and classifications. Include all incidental costs
estimated to accrue during the life of the contract. Include a billing rate schedule for
the prime consultant and any subconsultants with an hourly billing rate by
classification. As this will be a multi-year project, include billing rates for the current
year as well as subsequent calendar years covering the duration of the project.
The fee proposal will not be opened until the consultants have been evaluated by
the proposal selection committee. In conformance with the Brooks Act, the Cities
will select the consultant based on qualifications, and then negotiate a contract price
based on available funding and a further breakdown of the not-to-exceed cost
submitted in the fee proposal. The City reserves the right to a retainer to ensure
project delivery. The withheld amount may vary between ten percent (10%) and
twenty percent (20%) depending upon the project scope.
IX. PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for your review, as Exhibit C.
The RFP and the consultant's proposal will be attached and become part of the
agreement as exhibits.
X. INSURANCE REQUIREMENTS
A certificate of insurance is enclosed for your reference as Exhibit D. Please refer to
the sample agreement for the necessary amounts of general liability, automotive,
worker's compensation and professional liability insurance. The appropriate
endorsements are also shown within the sample contract agreement. The certificate
shall include the Cities of Santa Ana and Irvine, Caltrans and their officers and
employees as insured or additional insured.
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25D-45
XI. CITY RESPONSIBILITY
The City of Santa Ana will be responsible for the following:
A. Making available existing City plans and records. Consultant is responsible for
researching available records and paying for copies of records.
B. Boiler plate of the City of Santa Ana general provisions and specifications.
C. City of Santa Ana Standard Plans.
XII. EXAMINATION OF SITE PRIOR TO SUBMITTING PROPOSAL
Each consultant must inform himself/herself fully of the conditions relating to the
project and the employment of labor thereon. Failure to do so will not relieve a
successful consultant of the obligation to carry out the provisions of the contract.
XIII. RIGHT TO REJECT PROPOSALS
A. The City of Santa Ana reserves the right to reject any or all proposals submitted
and no representation made hereby that any contract will be awarded pursuant
to this RFP or otherwise.
B. All costs incurred in the preparation of the proposal, the submission of
additional information and/or any aspect of a proposal prior to award of a
written contract will be borne by the respondent. The City of Santa Ana will
provide only the staff assistance and documentation specifically referred to
herein and will not be responsible for any other cost or obligation of any kind,
which may be incurred by the respondent. All proposals submitted to the City
of Santa Ana become the property of the City.
XIV. SCHEDULE
The City's tentative schedule for this project is as follows:
City Releases RFP 11/21/2008
Proposal Due 01/05/2009
Consultant Interviews (as necessary) Week of 1/19/2009
Contract Award 2/6/2009
Upon issuance of Notice to Proceed, the Consultant shall submit a detailed schedule
for the project.
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25D-46
XV. PROPOSAL SUBMITTAL DEADLINE
Proposals are due in the office of the Executive Director of the Public Works Agency
at 20 Civic Center Plaza -Ross Annex (M-36), 3~d Floor, Santa Ana, CA 92701
Attn: Souri Amirani on or before 5:00 p.m., January 5, 2009.
XVI. ISSUING OFFICE
Santa Ana Public Works Agency, office of the Executive Director.
XVII. ADDENDA
Any subsequent changes in the RFP from the date of issuance to date of submittal
will result in an addendum by the issuing office.
XVIII. PRIME CONSULTANT RESPONSIBILITIES
The selected consultant will be required to assume responsibilities for all services
offered in his/her proposal. The selected consultant will be the sole point of contact
with regard to contractual matters, including payment of any and all charges
resulting from the contract.
XIX. DELAYS
The City reserves the right to delay scheduled dates if it is to the advantage of the
City of Santa Ana.
XX. PROJECT CONTROL
Control of the project shall remain the total responsibility of the City of Santa Ana.
XXI. RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person, persons,
company or parties interested in the proposal as principals are named therein; that
the proposal is made without collusion with any other person, persons, company, or
parties submitting a proposal; that it is in all respects fair and in good faith without
collusion or fraud; and, that the signer of the proposal has full authority to bind the
principal proposer.
XXII. METHOD OF PAYMENT
The consultant shall submit invoices to the City of Santa Ana. The invoice shall
include a detailed breakdown of the services, the tasks, the hours, and hourly rates.
It should be noted that no more than 90 percent of the total payment amount will be
made prior to the final completion and approval of all work and delivery of final
products.
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25D-47
XXIII. REGULATIONS
The selected consultant shall be expected to comply with all applicable federal and
state regulations, and contract provisions. The ensuing contract shall contain such
contractual provisions and conditions necessary to define a sound and complete
agreement.
XXIV.THE CITY'S AFFIRMATIVE ACTION PROGRAM & DBE GOAL
The City has an affirmative action program. The purpose of the affirmative action
program is to encourage certified minority business enterprises and women business
enterprises. All Submitting firms must have established affirmative action programs
approvable by the City. The attached Exhibit E, "Certification of Non-Discrimination
by Contractors" shall be completed by each submitting firm and included in the
proposal.
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25D-48
H~II~TT:~LLA,RS
HUITT-ZOLLARS, INC. • 430 Exchange • Suite 200 • Irvine, CA 92802.1315 • 714.734.5100 phone 714.734.5166 fax • huitt-zollars.com
March 16, 2009
City of Santa Ana
Public Works Agency
Attn: Souri Amirani, Deputy City Engineer
20 Civic Center Plaza
Santa Ana, California 92702
Re: Scope and Fee Proposal for Alton Avenue Overcrossing at State Route 55 Project
Dear Ms. Amirani:
Huitt-Zollars is pleased to submit this Scope and Fee proposal to provide the requested services for the Alton Avenue
Overcrossing at State Route 55 as identified in our technical proposal. We propose to provide the services outlined in the
Scope of Work for a fee of $1,495,695. A cost and man-hour breakdown and Schedule of Hourly Rates for us and our team
of subconsultants are provided your reference.
If you have any questions regarding the following fee proposal, please contact Mr. Steven Yoshizumi at (714) 734-5100.
Sincerely,
Huitt-Zollars, Inc.
~~~~°~ ~
Steven Tayanip"our, P , SE, F.ASCE
Corporate Vice President/Regional Manager
Principal-In-Charge
Ken Rukavina, PE
Vice President/Office Manager
huitt-zollars.com ARIZONA CALIFORNIA
COLORADO NEW MEXICO TEXAS WASHINGTON
25D-49
~~®PE OF WORK
TASK 1.0 PROJECT MANAGEMENT
Task 1.1 Meetings
Huitt-Zollars will arrange and lead up to 30 meetings with the City and Caltrans staff and other representatives from
resource agencies as necessary, including akick-off meeting, PDT meetings and any other technical meetings.
Minutes will be prepared by Huitt-Zollars. Huitt-Zollars will prepare an Action Item list and a Deliverables Status
Matrix for each meeting. The purpose of the kick-off meeting will be to discuss the project scope and schedule, to
establish formal lines of communication, and to schedule the first few meeting dates and subjects. PDT meetings
will discuss project progress, issues and action items. Technical meetings will be focused on specific technical
issues.
Task 1.2 Monthly Progress Report, Schedule, and Invoice
Huitt-Zollars will prepare up to 30 monthly progress reports as supporting data for invoices presented monthly to
the City. The Progress Report will include accomplished tasks for the month, anticipated progress for the next
month, pending issues and schedule completion target dates. Within 2 weeks of Notice to Proceed (NTP), Huitt-
Zollars will provide to the City and Caltrans a detailed project baseline schedule, indicating milestones, major
activities and deliverables, for review and comments. Huitt-Zollars will update the schedule on a monthly basis or
as requested. Huitt-Zollars will prepare monthly reports of expenditures for the project by task and milestone as
supporting data for invoices. Expenditures include direct labor costs, other direct costs and subconsultant costs.
Progress reports, the schedule, and invoices will be mailed to the City on a monthly basis.
Task 1.3 Quality Control
Huitt-Zollars will have a quality control plan in effect during the entire course of the project. Huitt-Zollars will
develop a plan establishing a process to ensure design calculations are independently checked. Exhibits and
plans will also be checked, corrected and back-checked for accuracy and completeness. Huitt-Zollars will review
environmental and engineering subconsultant report submittals to ensure that appropriate background information,
study methodology, interpretation of data, format and content are completed in accordance with current standards.
Engineer will adhere to Caltrans District 12 QA/QC guidelines.
Task 1.4 Project Files
Project Files will be maintained by Huitt-Zollars for the duration of the project. Final approved documents will be
provided to the City in hard copy and on CD or DVD.
Task 1.5 Permits
Huitt-Zollars will prepare necessary encroachment permits applications and rights of entry.
TASK 2.0 TRAFFIC REPORT
Task 2.1 Study Orientation
The Huitt-Zollars Team will obtain available background documents related to this project.
Task 2.2 Study Scope Refinement
In coordination with the project team (including City of Santa Ana, City of Tustin, and City of Irvine), the study area
will be refined. A scope letter will be provided to include following discussions:
• Traffic Analysis Methodology
• Analyze up to 16 arterial intersections and ramp intersections within the study area of Main Street to the west,
Red Hill Avenue to the east, Dyer Road to the north and MacArthur Boulevard to the south.
• Use traffic signal warrant study methodology to identify future new intersection signalizations.
• Analyze freeway weaving and ramp operation conditions between the two existing interchanges plus the new
ramps.
• Obtain OCTA updated OCTAM 3.3 model for long range traffic volume forecasting
25D-50
Task 2.3 Data Collection
Peak period intersection turning movement counts will be collected for up to 16 intersections during the AM and
PM Peak hours. It will be necessary to communicate with OCTA staff in order to establish the refined future traffic
volumes.
If any additional arterial intersections must be analyzed, extra work compensation may be requested. The Huitt-
Zollars Team will also review the freeway ramps and intersections in the field to observe and inventory roadway
geometrics, existing traffic operation, and relevant information during peak hours.
Task 2.4 Traffic Analysis
The Huitt-Zollars Team will prepare a traffic study for the project. The analysis scenarios include:
I. Existing (2009) Traffic Conditions
II. Future Traffic Conditions
a. Construction Year with and without Project
b. Long Range Year (2035) with and without Project
The study will address traffic conditions at all relevant intersections and freeway ramps and weaving sections
required by the County Congestion Management Plan, Caltrans and City guidelines.
Task 2.5 Mitigation and Recommendation
Improvements and mitigation measures will be provided as a result of the study. If necessary, we will develop and
provide conceptual mitigation measures through restriping, signal modifications, or turning lanes. Design of
mitigation requiring physical road construction at any location is excluded from our scope of services.
Task 2.6 Submittal and Review of Report
The traffic study will be submitted to you for review and forwarding to the City of Santa Ana and other necessary
agencies. Reproducible copies of the report will be furnished to you (the Client) for reproduction and inclusion with
other studies for each submittal. Any proper or reasonable revisions will be incorporated into our traffic study in
order to be fully responsive to the Scope of Services. Reasonable revisions include any corrections to the report
within the general scope of work, but exclude any traffic data collection or analysis at any locations except as
specified in our proposal.
Task 2.7 Project Support
The Huitt-Zollars Team will be available to the City of Santa Ana to discuss traffic aspects of the project.
Environmental Re-Validation
TASK 3.0 ENVIRONMENTAL RE-VALIDATION
Based on the information that has been reviewed to date for the proposed project the following tasks have been
identified related to the Environmental Re-Validation. Based on meetings to be held with Caltrans following the
receipt of a notice to proceed from the City, and based on the updated/revised project design, some additional tasks
may be required andlor some tasks identified may not be needed. This will be closely coordinated with the City as
the project moves forward. Our Environmental Re-Validation Lead will be actively participating throughout the
preparation of the Environmental Re-Validation, which is assumed to be completed in less than 16 months.
Task 3.1 Focused Environmental Meeting
Following further in depth analysis of the environmental documentation that has been prepared for the proposed
project, a meeting will be scheduled with Caltrans to discuss the additional environmental documentation that will
be required, if any. Prior to the meeting with Caltrans, a separate meeting will be held with the City to discuss the
findings and the likely additional documentation that would be required, if any.
Task 3.2 Environmental Documentation
All environmental documentation will be consistent with meeting the requirements of CEQA and NEPA, as well as
those of related environmental statutes and regulations. Preparation of all environmental documentation and
reports will follow local, state, and federal environmental guidelines, primarily consisting of the Caltrans Standard
25D-51
Environmental Reference (SER) website, Caltrans Project Development Procedures Manual, local and state CEQA
Guidelines, and FHWA Technical Advisory 6640.81 Guidance on Preparing and Processing Environmental and
Section 4(f) Documents.
The Huitt-Zollars Team will prepare a NEPAICEQA Re-Validation form based on the form that is available on the
Caltrans SER at the time that the analyses are performed.
The Huitt-Zollars Team will provide a brief discussion of the validity of the information in the EIRIEA related to the
following resources.
• Geology, Soils, Seismicity
• Hydrology, Water Quality, Stormwater Runoff
• Hazardous Waste/Materials
• Air Quality
• Noise
• Energy
• Biological Resources
• Floodplains
• Land Use, Planning, and Growth
• Community Impacts (Social, Economic) and Environmental Justice
• UtilitieslEmergency Services
• Parking
• Traffic Transportation/Pedestrian and Bicycle Facilities
• Visual/Aesthetics
• Cultural Resources
For most of these resources it is assumed that the brief discussion will be sufficient as conditions would not have
changed sufficiently to substantially change the setting and impacts related to the proposed project. However, for
some resources it is assumed that additional analyses will be required. To document changes in environmental
impacts, if any, the following analyses will be conducted. It is assumed that all project components, features, and
construction related activities will be located within the footprint that was identified and evaluated in the EIR/EA,
that the following documentation will encompass all of the supporting environmental effort that is required for the
re-validation, that no new mitigation will be identified or required, that no revisions to the EIR/EA itself will be
required, and that no recirculation or public availability of the EIR/EA will be required.
Based on the results of the analyses listed below, a determination will be provided on the NEPAICEQA Re-
validation Form regarding the validity of the existing NEPA and CEQA documents and findings. It is assumed that
the finding will be that the NEPA and CEQA document are still valid in conjunction with the listed analyses and that
no further action is required related to environmental documentation.
Task 3.2.1 Biological Resources
A review of the currently listed federal and state species will be performed along with obtaining an updated species
list from the United States Fish and Wildlife Services. In addition, a field reconnaissance will be performed to
evaluate the potential for any newly listed or otherwise sensitive species to exist along the project alignment. A re-
validation of the jurisdictional delineation of federal and state waters will also be performed to confirm that the
results in the EIR/EA remain valid. It is assumed that only a field reconnaissance related to federal and state
waters will be performed, that the original findings will still be valid, and that no new delineation or documentation
will be required. However, since the project may actually reduce the amount of jurisdictional impacts, the obtaining
of permits (401 Water Quality Certification, 404 Permit, and Section 1602 Streambed Alteration Agreement) is not
included in this scope and cost. Once the updated field reconnaissance is completed then the need for permits will
be discussed with the City and a scope and cost for this work can be submitted, if permits are required. The results
of this analysis will be documented in a technical memorandum to be included as an attachment to the
25D-52
NEPAICEQA Re-Validation. It is assumed that the results of the reconnaissance level analyses will be negative
and that no additional biological work (including any focused surveys) will be required.
Task 3.2.2 Cultural Resources
The Huitt-Zollars Team will conduct a records search at the Information Center of the California Historical
Resources Information System to determine if any new cultural sites have been identified since the Historic
Property Survey Report (HPSR) was prepared for the proposed project. In addition, a field reconnaissance of
the structures located along the project route will be conducted to confirm that no resources are present that
were not eligible at the time that the HPSR was prepared. It is assumed that the findings of the above
evaluations will be negative and that the results will be documented in a technical memorandum to be included
as an attachment to the NEPAICEQA Re-Validation.
Task 3.2.3 Noise
Afield reconnaissance of the project alignment will be conducted to confirm whether any new noise sensitive receptors
have been constructed since the noise analyses for the project were originally prepared. In addition, it will be
documented whether the previously identified receptors (i.e., Carriage Stop Motel, Adagio Apartment Complex, and
residence at 110 Alton Avenue) are still present. It is assumed that no new sensitive noise receptors will be identified.
Because the traffic study is assumed to require an update, it is assumed that the noise modeling will be updated to
address any changes in predicted noise levels at these three receptors. New short term noise measurements will be
conducted at these three receptors. In addition, one long-term noise measurement will be conducted if a secure
location can be identified. A focused noise model for these receptors will be developed based on the traffic noise
model that was used for the EIRIEA to be provided by the City. A noise technical memorandum will be prepared as an
attachment to the NEPAICEQA Re-Validation form that focuses on these three receptors. A full noise study report is
not assumed or included in this scope. It is assumed that at a minimum a wall will be found to be acoustically feasible
at 110 Alton Avenue, as in the current EIRIEA, and that a Noise Abatement Decision Report (NADR) will be required.
Huitt-Zollars will prepare a NADR based on the current NADR annotated outline that will address the reasonableness
of any walls that are found to be acoustically feasible.
Task 3.2.4 Air Quality
New requirements related to mobile source air toxics (MSATs), greenhouse gas emissions, and particulate
matter (PM10 and PM2.5) have been issued since the air quality analysis was prepared for the proposed project.
An air quality technical memorandum will be prepared as an attachment to the NEPA/CEQA Re-Validation form
that addresses the following items. The project area has been classified as an attainment /maintenance area
for carbon monoxide (CO). Since a detailed CO analysis was prepared and included in the existing EIR/EA and
since the project area is not in attainment I maintenance, it is assumed that no additional CO analyses will be
required.
• Regional Transportation Plan (RTPJ and Regional Transportation Improvement Program (RTIP). Document
the current status of the project with regard to its inclusion in the 2008 RTP and RTIP and confirm that the
scope of the project matches the RTIP description. It is assumed that the project is included and described
accurately in the 2008 RTIP.
Localized PMzs/PM,o Hot Spot Analysis. Analyze the degree to which project-related traffic volumes have a
potential to affect local PMz.s and PM,o concentrations, based on the United States Environmental Protection
Agency (EPA) guidance document entitled Transportation Conformity Guidance for Qualitative Hot-spot
Analyses in PMzS and PM,o Nonattainment and Maintenance Areas. This scope and cost assumes that a
screening level analysis is appropriate, and that no modeling will be required by Caltrans or FHWA to address
PMz.S and PM,o.
• Mobile Source Air Toxics. Evaluate proposed project-related mobile source air toxics (MSATs) emissions in
accordance with FHWA interim guidance on how MSATs should be addressed in NEPA documents. It is
not assumed that extensive qualitative analyses would be required to address MSATs. If an extensive
quantitative analysis is required for the project, then a scope and cost estimate would be provided for this
additional effort.
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• Climate Change/Greenhouse Gas Emissions. In light of the California Global Warming Solutions Act of
2006 (commonly referred to as Assembly Bill 32 or AB 32), and based on the current guidance from
Caltrans, the Huitt-Zollars Team will address the issue of greenhouse gas (GHG) emissions and climate
change. It is assumed that the GHG analysis will consist of a qualitative analysis. If a quantitative analysis
is required, or if new guidance is issued by Caltrans following December 2008 related to greenhouse gas
analysis that requires substantially more effort than currently assumed, then a separate scope and cost for
this analysis will be provided.
• Air Qua/ity Conformity Ana/ysis Report and Checklist. Under NEPA delegation, the federal air quality conformity
determination has not been delegated to Caltrans and must be made by FHWA. The Huitt-Zollars Team will
prepare a separate Air Quality Conformity Analysis using the annotated outline for this report on the SER at the
time that the report is initiated and will also prepare the Conformity Checklist based on the checklist that is
available on the SER at the time that the Air Quality Conformity Analysis Report is prepared.
• SCAG Transportation Conformity Working Group. The required TCWG form will be completed and
submitted for forwarding to SCAG for inclusion on the agenda for determining if the project is a project of air
quality concern (POAQC). It is assumed the project will be found to not be a POAQC and that no specific
analysis will be required related to the TCWG determination other than what is already included in this
scope of work.
• Public Availability. It is assumed that the air quality conformity analysis will have to be made available to the
public for review and comment for a period of 30 days. The Huitt-Zollars Team will prepare a notice of
availability of the analysis for review and approval by the City and Caltrans; will place the advertisement in a
newspaper of local circulation; and, will post the notice as required (i.e., with the County Clerk, etc.). It is
assumed that the City will be responsible for paying the newspaper directly for the advertisement.
Task 3.2.5 Cumulative Impacts and Growth Inducement
The information in the current EIRIEA related to cumulative impacts is out of date with regard to the projects that
were analyzed. The Huitt-Zollars Team will prepare a technical memorandum as an attachment to the
NEPAICEQA Re-Validation that will update the cumulative impacts analysis for the proposed project and will
include a growth inducement analysis based on the current ISIEA annotated outline that is available on the Caltrans
SER. It is assumed that the cumulative impacts methodology and approach that is included in the current EIRIEA
will be continued in the technical memorandum that is prepared.
Task 3.2.6 Hazardous MaterialslWaste
The current EIRIEA identifies that during final design additional activities and analyses related to hazardous
materialslwaste will be performed (primarily HAZ-1 and HAZ-4). The results of these analyses will be
summarized in a memorandum for inclusion as an attachment to the NEPA/CEQA Re-Validation.
Task 3.2.7 Water Quality
Because the project area is equal to or smaller than that analyzed in the EIRIEA, it is assumed that the PS&E
phase Storm Water Data Report will be sufficient for addressing water quality and that no additional analyses or
documentation related to water quality will be required. It is also assumed that 401, 404, and 1602 permits will not
be necessary and are not included in this scope of work.
TASK 4.0 DATA COLLECTION
After receiving the Notice to Proceed (NTP), data will be collected to aid in the development of the PS&E.
Task 4.1 Aerial Topographic Survey
Huitt-Zollars will set and control the aerial targets necessary for the photography and compilation and prepare
1"=40' scale aerial topographic mapping, with 1-foot contour intervals (Design Level Topo).
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Task 4.2 Design Surveys
Huitt-Zollars will perform ground design topographic surveys including, edge of traveled way surveys, topographic
surveys, topographic surveys of areas obscured to aerial photography, existing edge and join condition locations
and existing drainage invert surveys. Huitt-Zollars will coordinate with Caltrans to acquire required encroachment
permits for survey work on SR-55. The topographic survey work on SR-55 will be done utilizing "reflectorless" total
station survey equipment that will eliminate the need for a lane closure, thereby not interfering with the traveling
public.
Task 4.3 Survey Cross-Sections
Huitt-Zollars will complete survey cross-sections, at 50-foot intervals, across Alton Avenue and Alton Parkway and
from the edge of travel way to the right-of-way limit on SR-55 within the project limits. Work will include critical
features between section stations and sufficient edge conditions for design purposes.
Task 4.4 Geotechnical Studies
Our geotechnical scope of work is aimed at providing geotechnical information for the design of the proposed
roadway and bridge improvements and will consist of field exploration, laboratory testing, geotechnical engineering
analyses, and report preparation. Our scope of work does not include subsurface hazardous materials
investigations, reports or chemical testing of soil and groundwater. Scope, fee, and schedule can be developed for
these tasks if found to be necessary as the project progresses.
Task 4.4.1 Field Investigation
Our field program will consist of one day of rotary wash drilling (one deep boring up to 80 feet deep for the bridge
and shallow borings for pavements) and one day of CPTs (2 CPTs to 80 feet or refusal for the bridge and 4
CPTs up to 40 feet each for walls).
Standard Penetration Test, California Ring, and bulk samples of representative soil layers will be obtained at
appropriate depth intervals in the borings (typically 5 feet). The Huitt-Zollars Team will prepare a proposed
boring location plan for review by the City I Caltrans. The Huitt-Zollars Team is experienced in working with
Caltrans and City Public Works Departments in obtaining the necessary permits for the field exploration
program. The field program will be carefully planned and coordinated agencies to minimize any impact on the
flow of traffic, and to maintain proper safety precautions.
Task 4.4.2 Laboratory Testing
The Huitt-Zollars Team's laboratory-testing program will be aimed at evaluating the physical, geotechnical, and
chemical (corrosion) properties of the site soils. The exact scope of the laboratory program will depend on the
soil conditions encountered during our field exploration. However, for planning purposes, we have considered
the following types of tests:
• In Situ Moisture Content and Density
• Grain Size Distribution 1 Percent passing No. 200 sieve
• Direct Shear
• Consolidation
• Atterberg Limits
• Soluble Sulfate Content, Chlorides, pH, resistivity
• R-Value
All reports will be prepared in accordance with the latest Caltrans guidelines.
Exploration /Traffic Control Plan /Permit Applications (3):
o (1) Caltrans
o (1) Santa Ana
o (1) Irvine
Preliminary Foundation Reports (2):
o (1) for bridge structure
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o (1) for all four MSE walls
Foundation Reports (3):
o (1) for the overcrossing structure
o (1) for 2 MSE walls on west approach
o (1) for 2 MSE walls on east approach
Geotechnical Design Report (1)
Materials Report (1)
Task 4.4.3 Aerially Deposited Lead (ADL)
Scope would include testing the unpaved areas of the project along the freeway and in the overcrossing abutment
approaches at a spacing of about 300 feet for ADL contamination and presenting the findings in a report.
Task 4.4.3(a) Pre-Field Activities
The Huitt-Zollars Team will utilize its in-house Health and Safety Plan and submit a Work Plan for field
activities. The Health and Safety Plan includes guidelines for the use of personal protective equipment and
sampling procedures. The Work Plan addresses procedures of sampling and laboratory analysis.
Task 4.4.3(b) Soil Sampling
Hand augers will be used advanced to a maximum depth of 4 feet to collect samples in unpaved areas.
Task 4.4.3(c) Laboratory Analysis
Samples that are sent to the laboratory will be analyzed for lead using the EPA Method 6010617000. Soil with
total lead concentrations in excess of 50 mg/kg will be analyzed for soluble lead using the WET, TCLP and
deionized water extract methods.
Task 4.4.3(d) Analysis and Report Preparation
The results of the sampling and testing would be statistically analyzed using methods consistent with Caltrans
requirements, and the findings would be submitted in a project ADL report.
Geometric Approval Drawings (GAD)
TASK 5.0 GEOMETRIC APPROVAL DRAWINGS
Huitt-Zollars will prepare the GAD. The purpose of the GAD is to identify that the proposed design meets the
requirements of the Highway Design Manual (HDM), establish a project base map and formally confirm that the
design meets the operational needs of the facility. Huitt-Zollars will prepare a GAD in strip plot format. The GAD
submittal package will include 2035 traffic forecast volumes from Task 2.0 the Traffic Report, typical sections, plan
view exhibits, profiles, superelevation diagrams, a signature block and a Traffic Volumes diagram. The General Plan
Sheet from the Type Selection Report will serve as the APS. Components of the GAD will include:
Task 5.1 Data Collection
Huitt-Zollars will collect existing data as available to aid in the development of the GAD. Data collection will include
as-builts of SR-55 and Alton Avenue, related Caltrans reports such as the Transportation Concept Report, recent
drainage studies (if any), landscaping and aesthetic guidelines (if any).
Task 5.2 Base Geometrics
Huitt-Zollars will prepare a base geometric exhibit that includes geometric data required to construct the project.
Geometric curve data will be organized in a data table. A legend and abbreviations list will be prepared.
Task 5.3 Typical Sections
Huitt-Zollars will refine the Project Report typical sections for freeway lanes, ramps and arterial road improvements
that include original ground, traveled way, shoulders, cut/fill slopes, retaining and sound walls existing 1 proposed
right-of-way and existing I recommended structural sections.
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Task 5.4 ProfilelSuperelevation Diagrams
Huitt-Zollars will refine the Project Report profiles and superelevation diagrams, for freeway, ramp and arterial road
improvements that include original ground, profile grade information and superelevation data.
Task 5.5 Design Information Bulletin (DIB) 78-02 Checklist
Huitt-Zollars will complete the DIB 78-02 Checklist.
Task 5.6 DIB 82-03 Pedestrian Accessibility Guidelines for Highway Projects
Huitt-Zollars will ensure that the design is completed incompliance with DIB 82-03.
Task 5.7 Truck Turning Templates
Huitt-Zollars will prepare truck turning template exhibits to verify that larger STAA and California vehicles properly
traverse the proposed intersections.
Task 5.8 Design Speed Sight Distance Analysis
Huitt-Zollars will prepare Sight Distance Exhibits for bridge barrier and intersection sight distance locations.
Plans, Specifications and Estimates
TASK 6.0 30% ROADWAY PS&E
Once GAD is approved by the City and Caltrans, Huitt-Zollars will develop plans to 30% Caltrans standards for
PS&E. The plan sheets will include:
Task 6.1 Title Sheet
Huitt-Zollars will prepare a title sheet that includes an index of sheets, the project description, location map,
structures list, begin/end work, beginlend construction, and limits of work.
Task 6.2 Typical Cross-Section Sheets
Huitt-Zollars will prepare typical section sheets for freeway lanes, ramps and arterial road improvements that
include original ground, traveled way, shoulders, cutlfill slopes, retaining and sound walls, existing/proposed right
of way and existinglrecommended structural sections.
Task 6.3 Key MaplLine Index Sheet
Huitt-Zollars will prepare a key maplline index sheet that includes a location outline of plan view sheets. A
summary table defining the location of each roadway sheet will be prepared. Horizontal alignments will be
identified and annotated with the "Line" name.
Task 6.4 Layout Sheets
Huitt-Zollars will prepare base geometrics and layout sheets that include centerline and curb geometric data
required to construct the project. Geometric curve data will be organized in a data table. The ultimate Striping
Plan will be superimposed on Layout Plan to depict lane configurations. A legend and abbreviations list will be
prepared along with a "location of sheet" diagram for ease of layout understanding. The limits of pavement
removal and replacement, as well as pavement overlay limits, will be defined on the layout sheets.
Task 6.5 ProfilelSuperelevation Sheets
Huitt-Zollars will prepare profile and superelevation sheets for street, freeway and ramp improvements that include
original ground, profile grade information and superelevation data. Profiles (not superelevation diagrams) will be
provided for new curb adjacent sections of pavement widening.
Task 6.6 Design Cross-Sections
Design cross-sections will be provided at 100-foot intervals.
Task 6.7 Right-of-Way Requirements Exhibit
Huitt-Zollars will prepare aRight-of-Way requirements exhibit based on the right of way requirements for the 30%
PS&E Project. The Right-of-Way requirement exhibit will define existing property limits, property acquisition,
Temporary Construction Easements (TCE), roadway easements, and any necessary utility easement areas for the
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4 affected parcels. Based on the approved Project Report, there is no right-of-way acquisition necessary for
Caltrans anticipated at this time.
Task 6.8 Right-of-Way Acquisitions Plats and Legal Descriptions
Huitt-Zollars will prepare Right-of-Way acquisition plats and legal descriptions for Right of Way acquisition and/or
Temporary Construction Easements, as required, based on the information shown in the Right-of-Way
Requirements exhibit. Huitt-Zollars will prepare legal descriptions and plats for property acquisition and/or
easements for the 4 properties within the project area.
TASK 7.0 60% and 95% ROADWAY PS&E
Task 7.1 Roadway 60% PS&E
Huitt-Zollars will complete roadway, drainage, traffic, miscellaneous plans, special provisions, the engineer's
estimate and a draft drainage report for review by the City and Caltrans at the 60% completion stage. The title
sheet for specifications and reports, and each sheet of plans, will bear the professional seal, certificate number,
registration classification, and expiration date of the certificate of the professional engineer responsible for their
preparation. Huitt-Zollars will prepare the following sheets:
Task 7.1.1 Title Sheet
Task 7.1.2 Typical Cross-section Sheets
Task 7.1.3 Key MaplLine Index Sheet
Task 7.1.4 Layout Sheets
Task 7.1.5 ProfilelSuperelevation Sheets
Task 7.1.6 Construction Detail Sheets
Construction detail sheets will be prepared for ramp gores, street intersections, driveways, curb transition details,
irrigations crossovers, bus and maintenance vehicle pullouts, and miscellaneous details required for the project.
Task 7.1.7 Contour Grading Sheets
Huitt-Zollars will prepare contour grading sheets. Major drainage features will be shown along with cut/fill lines
and design contours.
Task 7.1.8 Roadway Quantities Summary Sheets
Task 7.1.9 Retaining Wall Sheets
Huitt-Zollars will prepare retaining wall sheets including typical sections, details and architectural treatments.
Task 7.1.10 Sound Wall Sheets
Based on the sound wall requirements identified in the Environmental Re-Validation, Huitt-Zollars will prepare
sound wall sheets including typical sections, details and architectural treatments.
Task 7.1.11 Drainage Design Sheets
Huitt-Zollars will prepare drainage plan, profile, details and quantity sheets.
Task 7.1.12 Temporary Water Pollution Control Sheets
Huitt-Zollars will prepare plans for temporary erosion control facilities for the project. Design of these facilities
will include current Best Management Practices and will conform to the City and other requirements of Caltrans
and the Regional Water Quality Control Board (RWQCB).
Task 7.1.13 Erosion Control Sheets
Huitt-Zollars will prepare plans for permanent erosion control facilities for the project. Design of these facilities
will include current Best Management Practices and will conform to the City and other requirements of Caltrans
and the Regional Water Quality Control Board.
Task 7.1.14 Utility Sheets
Huitt-Zollars will prepare utility sheets that will depict both existing and relocated utilities. Preliminary Utility
Plans will be sent to all utility companies that may have utilities in the area for confirmation of any existing or
proposed new utilities.
25D-58
Huitt-Zollars will survey visible utility features within the proposed area of improvements and identify critical utility
crossings that should be potholed to confirm the location so as to avoid conflicts during construction. The Huitt-
Zollars Team will pothole up to 5 high risk utilities in conformance with Caltrans Policy on High and Low Risk
Underground Facilities Within Highway Right-of-Way. The as-built plans, utility survey and pothole information
will be used to create athree-dimensional CADD model of all known underground utilities.
Task 7.1.15 Stage ConstructionlTraffic Handling Sheets
Huitt-Zollars will prepare traffic handling plans, which show long-term closure of lanes, detours and number of
available lanes. Included in these plans are signing, striping, and modifications and temporary traffic signals. If
necessary, Huitt-Zollars will continually evaluate and update the traffic handling plans during the design process.
Task 7.1.16 Construction Area Sign Sheets
Huitt-Zollars will prepare construction area sign sheets.
Task 7.1.17 Pavement Delineation Sheets
Huitt-Zollars will prepare pavement delineation plans and pavement delineation quantity sheets.
Task 7.1.18 Sign Sheets
Huitt-Zollars will prepare signing plans including layouts showing the locations of roadside and overhead signs
and details, special sign details, lighting, overhead sign and sign quantities.
Task 7.1.19 Electrical Sheets
Known utility relocation requirements will be sent to the utility company to assist the utility company in preparing
final power line construction documents. The City will be sent a copy of all information sent to the utility
companies. Huitt-Zollars will also prepare any required Utility Relocation Agreements andlor Joint Use
Agreements.
Huitt-Zollars will prepare electrical plan sheets as described below:
• Huitt-Zollars will coordinate with electrical utility agency (SCEISanta Ana) to verify the existing service
location and to coordinate new service locations.
• Huitt-Zollars will prepare technical specifications and special provisions for the proposed electrical work and
the estimate of probable construction costs.
Task 7.1.19(a) Traffic Signal Design
Huitt-Zollars will prepare plans to upgrade intersection controls, including new traffic signals. These locations
will include:
• Halladay Street North (new signal).
• Red Hill Avenue at Alton Parkway (modify existing signal).
Huitt-Zollars will prepare traffic signal design plans for the ultimate improvements. Currently, it is assumed
that the stage construction plans would not require any temporary signal design plans. The plans will include
work necessary to install the traffic signals and will conform to the requirements of the City. Sheets will be
prepared for each signal location showing the complete signal design.
Task 7.1.19(b) Ramp Meter Design
Huitt-Zollars will prepare new ramp metering at the following location:
• MacArthur Boulevard Southbound Off-Ramp.
• Dyer Road Southbound On-Ramp.
The sheets will include work necessary to install the ramp meters and will conform to Caltrans requirements.
One sheet will be prepared for each ramp meter location showing the complete design.
Task 7.1.19(c) Lighting Plans
Huitt-Zollars will prepare street, freeway and soffit lighting as required. The sheets will include work necessary
to install street and freeway lighting circuits and service connections to support a lighting system for the new
25D-59
street and bridge overcrossing. The signalized intersections will include intersection safety lighting on a
separate circuit. The plans will conform to the requirements of Caltrans and the City. Any required lighting
under the Alton Avenue overcrossing will conform to the latest IES and Caltrans guidelines for roadway
lighting.
Task 7.1.20 Revised Standard Plan Sheets
Huitt-Zollars will include standard plan sheets required due to revisions.
Task 7.1.21 Roadway Special Provisions
Huitt-Zollars will prepare project specific Roadway Special Provisions in accordance with Caltrans' standards.
The Roadway Special Provisions will bear the State of California Registered Professional Engineer registration
seal with the signature, license number and registration certificate expiration date of the Engineer who prepared
the Special Provisions or the Engineer under whose direction they were prepared. A list of contract items with
item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit
costs, will be included in the Special Provisions.
Task 7.1.22 Roadway Engineer's Estimate
Huitt-Zollars will prepare an Engineer's Estimate of construction costs, based on detailed quantity takeoffs and
current unit prices. A reasonable upward adjustment will be applied to bid quantities that may vary during
construction to allow for necessary design adjustments. The final estimate format will be the standard Caltrans
estimating system. Quantities for contract items, including cost of lump sum items, will be substantiated by
calculations. Quantity calculations will be neat and orderly and will show sketches, diagrams and dimensions
necessary to allow them to be independently used by field engineers. Quantity calculations will be
independently checked and substantiated with independent calculations.
Task 7.1.23 Draft Hydrology/Drainage Report
Huitt-Zollars will research existing improvement plans and drainage maps to obtain pertinent drainage
information and plot said information on a tributary map. Huitt-Zollars will determine the limits and
characteristics of watersheds, existing and future drainage facilities, and existing and future developments
affecting the project limits. The information will be included in the Hydrology Study and considered in the design
of drainage facilities. Design of drainage facilities will conform to current City and County standards and
Caltrans Highway Design Manual and current Best Management Practices in conformance with the requirements
of Caltrans and the Regional Water Quality Control Board.
Task 7.1.24 Draft Storm Water Data Report
Huitt-Zollars will update the PANED SWDR and ensure that the programmed project includes sufficient right-of-
way and budget for storm water controls and identify project-specific permanent and temporary Best
Management Practices (BMPs) that may be required to mitigate impacts. Drainage areas and total disturbed
area will be defined, as will climatic conditions, existing drainage site conditions, site permeability, soil texture,
existing vegetation and groundwater.
Task 7.1.25 Transportation Management Plan
In order to prevent unreasonable traffic delays resulting from construction activities, a Transportation
Management Plan (TMP) will be prepared to maintain acceptable levels of service and safety during all work
activities on the project area. TMP will identify traffic impacts for each stage of construction and provide
mitigation measures and their associated costs. The TMP for this project will require effective application of
traditional and innovative mitigation measures such as:
• PubliclBusiness Information Campaign
• Traveler Information Strategies
• Incident Management
• Construction Staging Strategies
• Demand Management
• Alternate Route Strategies
• Contingency Plans
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Construction of the proposed overcrossing bridge will require overnight closure of SR-55 for the false work
erection and removal. Therefore, following are some of the specific TMP measures that may be considered
during the overnight closure:
• Provide Detour Plan
• Provide traffic officer along the detour route
• Coordinate with local law enforcement
• Maintain a CHP officer in TMP during the construction
• Media release of planned closure
• Install temporary changeable message signs
The TMP will be prepared per the latest Caltrans TMP guidelines and will address the concerns and
requirements of the Caltrans District 12 Traffic Manager (DTM), City of Santa Ana and the City of Irvine. The
TMP will reflect stage construction and traffic handling operation and will include proposed mitigation measures,
TMP strategies and elements, lane closure charts, TMP data sheets, TMP estimate sheets, detour plans and
stage construction plans, and mainline and ramp closure delay analysis.
Task 7.1.26 Draft Construction CPM Schedule
Huitt-Zollars will prepare a draft construction CPM schedule. The schedule will determine impacts during
construction and assist in the development of the TMP.
Deliverables: Huitt-Zollars will submit 40 sets of 60% plans, reduced to 11" x 17" size, Special Provisions, an
engineer's estimate, 4 copies of the HydrologylDrainage Report, 4 copies of the SWPPP, 4 copies of the Traffic
Management Plan and 4 copies of the Construction CPM Schedule.
Task 7.2 Roadway 95% PS&E
Huitt-Zollars will complete Roadway, Drainage, Traffic, Miscellaneous Plans, Special Provisions, the Engineer's
Estimate and a final Drainage Report for review by the City and Caltrans at the 95% completion stage. The title
sheet for specifications and reports, and each sheet of plans, will bear the professional seal, signature, certificate
number, registration classifications, expiration date of the certificate of the professional engineer responsible for
their preparation. Huitt-Zollars will prepare the following plan sheets:
• Title Sheet
• Typical Cross-section Sheets
• Key MaplLine Index Sheet
• Layout Sheets
• Profile/Superelevation Sheets
• Construction Detail Sheets
• Contour Grading Sheets
• Roadway Quantities Summary Sheets
• Retaining Wall Sheets
• Sound Wall Sheets
• Drainage Design Sheets
• Temporary Water Pollution Control Sheets
• Erosion Control Sheets
• Utility Sheets
• Stage Construction/Traffic Handling Sheets
• Construction Area Sign Sheets
• Pavement Delineation Sheets
• Sign Sheets
• Electrical Sheets
• Revised Standard Plan Sheets
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The following documents will be updated or finalized:
• Roadway Special Provisions
• Roadway Engineer's Estimate
• Final HydrologylDrainage Report
• Final Storm Water Data Report (SWDR)
• Final Traffic Management Plan (TMP)
• Final Construction CPM Schedule
The following draft document will be submitted with the 95% submittal:
Task 7.3 Draft Storm Water Pollution Protection Plan (SWPPP)
Huitt-Zollars will prepare a Notice of Intent (N01) and a draft Storm Water Pollution Protection Plan to satisfy the
Water Quality Control Board for the National Pollutant Elimination System Program (NPDES). Huitt-Zollars will
acquire necessary dewatering permit for foundations construction.
Deliverables: Huitt-Zollars will submit 40 sets of 95% plans, reduced to 11" x 17" size, Roadway Special
Provisions, an Engineer's Estimate, 4 copies of the HydrologylDrainage Report, 4 copies of the SWDR 4 copies of
the Traffic Management Plan, and 4 copies of the Construction CPM Schedule.
TASK 8.0 STRUCTURES PS&E
Task 8.1 Structure Type Selection Report
The Huitt-Zollars Team will produce, submit and present the Type Selection Report for the bridge replacement and
special design retaining walls, if applicable. The Huitt-Zollars Team will schedule, hold, run and document a Type
Selection Review Meeting, in Sacramento, to discuss and provide information on foundation and false work
requirements, proposed seismic design criteria, aesthetics, traffic handling, and other pertinent information related to
bridge design, construction and maintenance. The Huitt-Zollars Team will. perform drainage design calculations for
the proposed bridge deck drainage systems and prepare a Bridge Drainage Report. The Type Selection Report will
contain a General Plan; General Plan Estimate; Vicinity Map; Type Selection Memo; and Project Seismic Design
Criteria. (A separate Advance Planning Study is not included in this Scope of Work.)
Deliverables: The Huitt-Zollars Team will complete Type Selection submittal. After receiving written approval of
the proposed General Plan and structure type, the Huitt-Zollars Team will furnish OSFP with 15 copies of the Type
Selection Report; 2 copies Draft Foundation Plan; 4 copies Bridge Drainage Report; 40 copies Approved General
Plan.
Task 8.2 Structures 60% PS&E (Unchecked Details)
Upon approval of the structure type, the Huitt-Zollars Team will perform a complete structural design for the
overcrossing and retaining walls, if applicable. The bridge is assumed to be a two-span, cast-in-place concrete
box girder, which will be constructed in two stages. The structure design will be coordinated with the development
of the Foundation Report to ensure the proper selection of foundation type and proper development of foundation
capacity. The Huitt-Zollars Team will develop draft details to ensure compatibility with the structural calculations.
The following sheets are anticipated:
• General Plan
• Index to Plans
• Deck Contours
• Foundation Plan
• Abutment Layout
• Abutment Details
• Bent Layout
• Bent Details
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• Girder Layout
• Girder Details
• Typical Sections
• Miscellaneous Details
• Aesthetic Details
• Slope Paving
• Structure Approach
• Approach Drainage Details
Deliverables: The Huitt-Zollars Team will provide 4 copies of unchecked Structure Plans.
Task 8.3 Structures 95% PS&E (Checked Details)
The Huitt-Zollars Team will conduct independent checking and prepare a complete structures PS&E package for
formal submittal and review. Prior to completing the package, the Huitt-Zollars Team will schedule a review
session, if required, with the reviewing agencies to confirm the intent of informal comments on 65% structures
PS&E package.
Task 8.3.1 Structures Independent Check
An Independent Check will be conducted. Checking will include the preparation of an independent set of
structural design check-calculations and a review of the entire structural PS&E package.
Task 8.3.2 Structural Quantities
The Huitt-Zollars Team will prepare quantities for contract items, including the cost of lump sum items, which will
be substantiated by calculations. Quantity calculations will show sketches, diagrams and dimensions necessary
to allow them to be independently used by field engineers.
Task 8.3.3 Structures Estimate
The Huitt-Zollars Team will develop unit costs and prepare a structures cost estimate utilizing Caltrans' quantity
Summary and Estimate Forms.
Task 8.3.4 Structures Special Provisions
The Huitt-Zollars Team will prepare project specific Structure Special Provisions in accordance with Caltrans
standards. The Structure Special Provisions will bear the State of California Registered Professional Engineer
registration seal with the signature, license number and registration certificate expiration date of the Engineer who
prepared the Special Provisions or the Engineer under whose direction they were prepared. A list of contract items
with item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit
costs, will be included in the Special Provisions.
Deliverables: The Huitt-Zollars Team will provide 1 electronic copy of checked, signed Structure Plans; 10 sets
of prints of checked, signed Structure Plans; 4 copies of edited Structure Special Provisions; 1 copy of edited
Structure Special Provisions on a CD or other media as requested; 2 copies of the Bridge Cost Estimate; 1 copy
of bridge design calculations.
Task 8.4 Structures 100% PS&E
Upon receipt of comments, and prior to commencing revisions, the Huitt-Zollars Team will schedule a review
session, if required, with the reviewing agencies to confirm intent of comments.
The Huitt-Zollars Team will furnish Final Plans, Specifications and Estimate for advertising, as well as hard copy
and electronic files of spreadsheets used to create the estimates. The structures PS&E will incorporate 100%
comments from reviewing agencies.
Deliverables: The Huitt-Zollars Team will complete structures PS&E and provide 1 electronic copy of checked,
signed Structure Plans; 1 set of full-size reproducible of final Structure Plans, 4 sets of prints of final Structure
Plans; 4 copies of final Structure Special Provisions; 1 copy of the final Structure Special Provisions on a CD or
25D-63
other media as requested; 4 copies of the Bridge Cost Estimate; 1 reproducible and 2 prints of Bridge 4-Scale
Plans (English).
TASK 9.0 DISTRICT PS&E
Task 9.1 District 100% PS&E Package
Huitt-Zollars will complete Roadway, Drainage, Traffic, Miscellaneous Plans, Special Provisions, the Engineer's
Estimate and a final Drainage Report for review by the City and Caltrans at the 100% completion stage. The title
sheet for specifications and reports, and each sheet of plans, will bear the professional seal, signature, certificate
number, registration classification, expiration date of the certificate of the professional engineer responsible for
their preparation. The approved Structures PS&E package will be included. Huitt-Zollars will prepare the following
sheets:
• Title Sheet
• Typical Cross-section Sheets
• Key Map/Line Index Sheet
• Layout Sheets
• ProfilelSuperelevation Sheets
• Construction Detail Sheets
• Contour Grading Sheets
• Roadway Quantities Summary Sheets
• Retaining Wall Sheets
• Sound Wall Sheets
• Drainage Design Sheets
• Temporary Water Pollution Control Sheets
• Erosion Control Sheets
• Utility Sheets
• Stage ConstructionlTraffic Handling Sheets
• Construction Area Sign Sheets
• Pavement Delineation Sheets
• Sign Sheets
• Electrical Sheets
• Revised Standard Plan Sheets
• Roadway Special Provisions
• Roadway Engineer's Estimate
• Final Hydrology/Drainage Report
• Final Storm Water Data Report
• Final Traffic Management Plan (TMP)
• Final Construction CPM Schedule
• Final Storm Water Pollution Protection Plan
• Structures 100% PS&E
Task 9.2 Design Cross-Sections
Design cross-sections will be provided at 50-foot intervals for design alignments.
TASK 10.0 LANDSCAPING PS&E
Task 10.1 Meetings
The Huitt-Zollars Team will attend one landscape kick-off meeting and up to seven Project Development Team or
other meetings that are focused on landscaping. Attendance by the Huitt-Zollars Landscape Team at meetings
beyond the eight listed are available as an additional service and fee.
25D-64
Task 10.2 Field Investigation
The Huitt-Zollars Team will make a field visit to investigate the existing conditions of the project site as well as the
surrounding region. Emphasis will be placed on the existing plant communities as well as geologic formations.
Additionally, a photographic inventory will be taken to record the existing conditions and plantings.
Task 10.3 Research
The Huitt-Zollars Team will review existing documents relative to the landscape architecture portion of the project.
These documents may include "as-built" plans and environmental documents. The purpose of this task and the
previous Field Investigation task is to determine a foundation upon which visual iconslplanting designs can be
created for use in the landscaping.
Task 10.4 Conceptual Design (30%)
Upon the completion of the Field Investigation and Research tasks, the Huitt-Zollars Team will conceptualize a
planting treatment for the landscape restoration (the scope of work includes landscaping for disturbed areas only)
and begin designing the irrigation system modifications. Table of Contents only format will be provided for the
Specifications at this stage.
Task 10.5 60%, 95% (pre-final) and 100% (final) PS&E
Once the planting and irrigation concepts are reviewed and approved, the Huitt-Zollars Team will prepare Plans,
Specifications and Estimates (PS&E). The landscape portion will include planting plans, irrigation plans and
related SSP's and cost estimates. The Huitt-Zollars Team will provide electronic files for all the PS&E documents
at the 100% submittal.
Submittals will be in US Customary English units and will conform to Caltrans, the Cities of Santa Ana and Irvine
standards, regulations, policies, manuals, and practices.
Drawings will be prepared in MicroStation V8 format.
Specifications will conform to the Caltrans SSP's and Standard Specifications and will incorporate City boilerplate
general provisions and specifications. A list of contract pay items with descriptions, item codes and estimated
quantities will be included in front of the special provisions. Pay items will reference the specification section
defining the measurement and payment.
Cost Estimates will be prepared for each submittal. Lump sum items will include a breakdown of major
components along with adequate cost backup justifying the total lump sum cost.
Submittals will be 11" x 17" hardcopy and be to scale. Electronic files will be submitted at the 100% (final)
completion level. Electronic copies of the Specifications will be submitted in Microsoft Word format. Cost
Estimates will be submitted in Microsoft Excel format.
The Huitt-Zollars Team will provide up to twenty (20) hard copy 11" x 17" set of plans for distribution to the Cities of
Santa Ana and Irvine, the utilities, and Caltrans District 12. The City will be responsible for making any additional
copies, as needed.
TASK 11.0 CONSTRUCTION BID SUPPORT
As of March, 13, 2009, construction funding has not been identified. As such, construction bid support is not included
in this scope of work with the exception of the preparation of a Resident Engineer File as described below.
Task 11.1 Pre-Bid Meeting
This task has been deleted from the Scope of Work at the request of the City of Santa Ana.
Task 11.2 Resident Engineer (RE) File
Huitt-Zollars will prepare a Resident Engineer file. The Resident Engineer File is a compilation of pertinent project
data developed during the design phase. It will include reports, pertinent letters, quantity calculations, right of way
contracts and contractual obligations, materials data and tests, survey notes, environmental document,
agreements, permits, third-party correspondence, utility logs, cross sections, and survey data file.
25D-65
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25D-69
25D-70
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
AGREEMENTS FOR THE
IMPLEMENTATION OF NEIGHBORHOOD
STABILIZATION PROGRAMS
CI MANAGE
RECOMMENDED ACTION
Recommend that the City Council:
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15t Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONT{NUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute
an agreement with ANR Homes, Inc. for implementation of the single
family, condominium and historic components of the Neighborhood
Stabilization Program in an amount not to exceed $2,715,636, subject
to non-substantive changes approved by the City Manager and City
Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute
an agreement with Orange Housing Development Corporation and C & C
Development for implementation of the rental housing component of
the Neighborhood Stabilization Program in an amount not to exceed
$1,800,000, subject to non-substantive changes approved by the City
Manager and City Attorney.
COMMUNITY REDEVELOPMENT & HOUSING COMMISSION ACTION
At its Regular Meeting of March 17, 2009, by a vote of 5:0, the Community
Redevelopment and Housing Commission recommended that the City Council:
(1) Direct the City Attorney t
and the Clerk of the Council
Inc. for implementation of the
components of the Neighborhood
exceed $2,715,636, subject to
City Manager and City Attorney.
o prepare and authorize the City Manager
.o execute the agreement with ANR Homes,
single family, condominium and historic
Stabilization Program in an amount not to
non-substantive changes approved by the
(2) Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute the agreement with Orange Housing
25E-1
NSP Agreements
April 6, 2009
Page 2
Development Corporation and C & C Development for implementation of the
rental housing component of the Neighborhood Stabilization Program in an
amount not to exceed $1,800,000, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On January 15, 2009, we were notified that our application for the
Neighborhood Stabilization Program (NSP) was approved by the U. S.
Department of Housing and Urban Development (HUD) in the amount of
$5,795,155. The application identifies the Priority Area (Exhibit 1) and
explains the programs to be implemented with the NSP funds and has been
available on the City's website since November 2008. In its application,
the City proposed the creation of five separate programs and indicated
that three of the five would be implemented by qualified intermediaries
acting on the City's behalf. These three programs and their budgeted
amounts are as follows:
Program Budget
Acquisition and Rehabilitation - $2,015,636
Single Family Homes
Acquisition and Rehabilitation - $700,000
Condominium and Historic Program
Acquisition and Rehabilitation - $1,800,000
Rental Housing
On January 30, 2009, the City released a Request for Proposals (RFP)
soliciting proposals for implementation of these three programs. Notice
of the RFP's availability was mailed to 157 firms on the Housing
Department's database. It was also noticed on the City's website, in the
Orange County Register and through the Community Development Resource
Network. A total of eleven proposals for all three programs were
received from seven entities. Of these, ten were responsive. The
proposals were reviewed by a team of three staff and a financial
consultant. Proposals were scored in three primary areas: Lead and Team
Experience, Proposed Budget and Timeline, and Developer Fee. Because of
the strict timelines imposed by HUD, the greatest weight was placed on
experience in purchasing, rehabilitating and selling foreclosed
properties, and where applicable, on team member experience in working
together. The table below lists the ten responsive applicants who
submitted proposals and their scores.
25E-2
NSP Agreements
April 6, 2009
Page 3
Acquisition/Rehabilitation - Single Family Program
ANR Homes, Inc. 88.00
Mayans Development 67.75
Home Again Collaborative 63.75
Santa Ana Redevelopment Group, L.P. 59.25
K.T.K. Construction, Inc. 54.75
Tierra Concepts Inc. 33.25
Acquisition/Rehabilitation - Condominium and Historic Program
Home Again Collaborative 57.25
Santa Ana Redevelopment Group, L.P. 56.75
Acquisition/Rehabilitation - Rental Program
Orange Housing Development Corporation 94.00
Santa Ana Redevelopment Group, L.P. 57.25
Applicants with a score of 60 and above were invited to an interview.
The top three applicants for the Single Family Program were interviewed
on February 23, 2009. Given that no applicants in the Condominium and
Historic Program ranked above 60, each of the top three respondents were
asked and agreed to also implement the Condominium and Historic Program.
For the Rental Program, only Orange Housing Development Corporation
(OHDC) in partnership with C & C Development (C & C) rated above 60.
Based on their proposal rating and affordable rental project history in
the City, an interview was deemed not necessary.
Single Family Program Intermediary
Based on the rating of its proposal, the interview and reference calls,
ANR Homes, Inc. (ANR) is recommended for implementation of both the
Single Family and Condominium and Historic Program. ANR has been
acquiring, rehabilitating and selling foreclosed properties since 1995.
Working with many different local government agencies and nonprofit
corporations, they have rehabilitated more than 3,000 properties
throughout Southern California. The list of local agencies and nonprofit
corporations they have partnered with includes the Enterprise Community
Partner, City of Los Angeles Community Redevelopment Agency, the County
of Los Angeles Community Development Commission, and Habitat for
Humanity. None of the other applicants had a comparable record of
experience and performance.
As part of its proposal, ANR provided commitment letters from two
financial institutions totaling $3.6 million dollars to leverage funds.
With these funds, ANR has the capacity to finance up to 80 percent of
costs with its own acquisition/construction lender. This leveraging will
allow the City to meet and possibly exceed its goals which were
25E-3
NSP Agreements
April 6, 2009
Page 4
identified in the application as 40 Single Family and 10 Condominium and
Historic homes. The NSP funds will be used for acquisition and
rehabilitation costs. Tax increment funds previously committed to this
program will be used to create deeper affordability and assist the Agency
in meeting its housing production goals. Given the desire to recycle
funds and stabilize communities as quickly as possible, ANR will be
selecting local real estate brokers that are most knowledgeable of the
market and have a successful track record. Their selection will be based
on volume of sales, days on the market, and comparison of listing price
vs. sales price, excluding foreclosed properties.
The NSP guidelines also encourage the use of energy efficient products in
the rehabilitation of the homes. ANR has a history of using energy
efficient features in its rehabilitation and new construction projects.
These include the following features: low-flush toilets, insulation,
high efficiency systems, and tankless water heaters. In addition, yards
will be landscaped with low-maintenance and drought tolerant plants.
Rental Program Intermediar
NSP regulations require that at least 25 percent of the City's award be
spent on units that will assist families with household incomes at or
below 50 percent of the Area Median. To satisfy this requirement, the
City will commit $1.8 million of its allocation to the acquisition and
rehabilitation of rental units to be owned and managed by an experienced
nonprofit intermediary. OHDC owns and manages more than 2,600 units
located throughout California. More than 600 of these units are in Santa
Ana. Other cities they have partnered with include the Cities of Orange,
Indio, Anaheim, and San Diego. C & C has many years of residential
development and management experience, and previously partnered with OHDC
in the Santiago Villas, Ross-Durant, and Wilshire-Minnie projects.
ENVIRONMENTAL COMPLIANCE
In accordance with the California Environmental Quality Act and the
National Environmental Policy Act, the proposed project is exempt from
further review.
25E-4
NSP Agreements
April 6, 2009
Page 5
FISCAL IMPACT
Funds will be available in the FY 2008-09 Neighborhood Stabilization
Program Grant fund (account no. 142-148-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Cynthia J. N lson
Deputy City Manager for
Development Services
Community Development Agency
CJN/SLB/JPH/mlr
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25E-5
NSP Priority Area
Copyright 2008. All Rights Reserved
25E-6
Exhibit 1 J~~T1ON f,~q
!V~" ~A
N / _~ :1
0.00 0.50 1.00 ~ `
Miles '-~~-
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
AGREEMENT AMENDMENT FOR BILL PRINT
AND PAYMENT SERVICES
C MANAG
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15~ Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to amend the
agreement with InfoSend, Inc. for municipal utility services bill
printing and mailing, and electronic bill presentment and payment
services from $150,000 to a total not to exceed $206,000, during the
final one-year term of the Agreement.
2. Authorize the City Manager and the Clerk of the Council to amend
agreement with TransFirst, LLC for the processing of credit card payments
in an aggregate limit not to exceed $60,000, during the one-year
extension of the Agreement.
DISCUSSION
On February 20, 2007, the City Council approved an agreement with
InfoSend, Inc. for bill printing, mailing and electronic bill presentment
services. InfoSend was determined to be the most cost-effective method
for printing of all Municipal Utility Service (MUS) bills as well as
processing e-payments. We are in the third year of a three-year agreement
with provision for a two year renewal.
Recently, the Treasury Division went live with a new Municipal Utility
software. The software provided an opportunity to redesign the municipal
utility bill. The new bill should improve clarity of the water bills and
increase the customers' ability to monitor their water consumption and
conservation efforts. Treasury requested InfoSend, Inc. to include an
explanation of the new bill as well as newsletter inserting services.
The recommended amount also includes an increase in postage effective May
12, 2008, and an increased use of on-line payments.
25F-1
Amend Agreement for Bill Payment Services
April 6, 2009
Page 2
In addition, the City requires a financial institution to conduct the
actual credit card debit when a customer selects an on-line payment
option. TransFirst, LLC was selected to handle the e-payment portion of
the transaction. The recommended action extends the current term of the
agreement for one additional year.
FISCAL IMPACT
Total contract cost of the agreement is estimated to be $266,000. Funds
are available in the Treasury and Customer Service Account (no.011-175-
6291) .
~~. _ _
~~ `gym s ~ ~~~~ ~ ~
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25F-2
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT is entered into on Apri16, 2009, by
and between InfoSend, Inc., a California corporation ("Consultant") and the City of Santa Ana, a
charter city and municipal corporation of the State of California ("City").
RECITALS:
A. The parties entered into Agreement # A-2007-050, dated February 20, 2007, (hereinafter
"said Agreement") by which Consultant has provided municipal bill printing and mailing
services and electronic bill presentment and payment services.
B. In accordance with the terms and conditions of said Agreement, the parties wish to amend
said Agreement to increase the compensation to pay for services during the last year of the
initial three year term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Second Amendment to
Consultant Agreement, the parties agree as follows:
1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $206,000 to
pay for services during the term from March 1, 2009 through February 28, 2010.
2. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
]N WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant
Agreement on the date and year first written above.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
INFOSEND, INC.
MAHMOOD REZAI
President & CEO
25F-3
THIRD AMENDMENT TO AGREEMENT
THIS THIRD AMENDMENT TO AGREEMENT (this "Amendment") is entered
into on Apri16, 2009, by and between TransFirst Health and Government Services, LLC
("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the
State of California ("City").
RECITALS:
A. The City and Consultant entered into that certain Consultant Agreement # N-2004-
024 dated March 1, 2004 (hereinafter the "Agreement") pursuant to which Consultant
has provided certain credit card payment processing services for City utility bill
customers.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
extend the term of said Agreement in order to provide continuous uninterrupted
services.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged and confessed, the parties agree as follows:
1. Section l .a., COMPENSATION, shall be amended to read as follows:
"The City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges set forth in Exhibit 1, to the First Amendment to
Agreement. The total sum to be expended under this Agreement shall not exceed
$60,000.00, annually."
Section 2, TERM, shall be amended to extend the termination date to February
28, 2010. In order to provide uninterrupted services, the parties agree that any
services provided by Consultant between March 1, 2009 and the date of this Third
Amendment to Agreement, shall be included within the scope of services of said
Agreement.
3. Except as hereinabove modified, all terms and conditions of said Agreement shall
remain in full force and effect.
Signatures on following page
25F-4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Agreement on the date and year first written above.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY DAVID N. REAM
Clerk of the Council City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
TRANSFIRST HEALTH AND
GOVERNMENT SERVICES
By:
CHRISTY COREY
President
25F-5
25F-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
AMENDMENT TO AGREEMENT WITH
SYSTEM INNOVATORS INCORPORATED
FOR COMPUTERIZED CASHIERING
SYSTEM HARDWARE AND MAINTENANCE
CITY MANAGER
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As RE:commended
^ As Arnended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Amend agreement number A-2006-042
Harris Computer Corporation, in an
$45,000 for computerized cashiering
with System Innovators, a division of
annual aggregate limit not to exceed
software, hardware and maintenance.
DISCUSSION
The Finance and Management Services Agency;
Community Services Agency; and the Polio
Innovators' cashiering software and hardware
City revenues. This includes payments for
bills, business license tax, hotel visitors'
all other payments to the City.
the Parks, Recreation and
~e Department use System
to process the receipt of
municipal utility services
tax, parking citations and
The current system was approved by the City Council on September 15,
2001. Subsequently, the City Council has approved annual maintenance and
needed hardware for the continued improvement of service to the
community. This year, along with the $22,290 annual maintenance, software
enhancements are required to provide for the interface of the
computerized cashiering system with the new municipal utility billing
system. The recommended action will also provide for continued software
maintenance and updates, as well as hardware purchase, maintenance and
repair for the expansion of cashiering to the municipal utility services
section.
25G-1
Amend Agreement with System Innovators
April 6, 2009
Page 2
FISCAL IMPACT
Funds are budgeted and available in the Treasury and Customer Services
account (no. 11-175-6291).
_'
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25G-2
TENTH AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into on April 6, 2009, by and
between N. Harris Computer Corporation, previously System Innovators, Inc. ("Contractor") and
the City of Santa Ana, a charter city and municipal corporation of the State of California
(`'City").
RECITALS
A. The parties entered into Purchase and Software License Agreement #A2001-230, dated
September 4, 2001, (hereinafter "said Agreement") for the purchase of computer equipment
and supplies, licensing of computer software and hardware and software support.
B. h~ accordance with the terms and conditions of said Agreement, the hardware and software
support Agreement shall continue for succeeding one-year terms unless either party notifies
the other of its intent to terminate, in writing, 30 days prior to the end of the then current
term.
C. The parties intend to provide continuous, uninterrupted service, and therefore, desire to
execute this Amendment to acknowledge that the term has been extended for an additional
one-year period and to provide additional compensation for software and hardware
maintenance and anticipated purchase of additional hardware during the extended one-year
term.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Amendment to
Agreement, the parties agree as follows:
1. The parties agree that Contractor shall continue to provide maintenance and support services
for the computerized cashiering system through March 31, 2010.
2. Compensation is hereby amended to increase compensation to an amount not to exceed
53,000.00, to pay for software maintenance and updates and hardware purchase,
maintenance and repair services during the one-year extended term of said Agreement. Said
additional hardware purchase may be made upon the written direction ofthe Executive
Director of Finance and Management Services at Contractor's then current list price.
3. Except as herein amended, all terms and conditions of said Agreement shall remain in full
force and effect.
//
25G-3
[N WITNESS WHEREOF, the parties hereto have executed this Tenth Amendment to
Abreement the date and year first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVEll AS TO FORM:
JOSEPI-{ W. FLETCHER
City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
N. HARRIS COMPUTER CORPORATION
JIM SIMAK
CEO
25G-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONDITIONAL USE PERMIT NO. 2009-01
TO CONSTRUCT A 60-FOOT HIGH
CELLULAR ANTENNA FOR T-MOBILE AT
2929 SOUTH HALLADAY STREET -
TRILLIUM CONSULTING, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' Reading
^ Ordinance on 2~d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2009-O1 as conditioned.
PLANNING COMMISSION ACTION
On March 9, 2009, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2009-O1 as conditioned by a vote of 7:0 to
construct a 60-foot tall cellular antenna for T-Mobile in the Light
Industrial (M-1) zoning district at 2929 South Halladay Street. The
Planning Commission made no changes to the recommended conditions of
approval outlined in the attached staff report (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~
~ay M. Trevino
Executive Director
Planning & Building Agency
ME:rb
me\reports\cup09-O1 T-Mobile 2929 S Halladay.cc
31 A-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 9, 2009
TITLE:
PUBLIC HEARING
CONSULTING FOR
NO. 2009-01 TO
CELLULAR ANTEN]
SOUTH HALLADAY
- FILED BY TRILLIUM
CONDITIONAL USE PERMIT
CONSTRUCT A 60-FOOT HIGH
vA FOR T-MOBILE AT 2929
STREET
Prepared by Marvin Ellenbecker
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
~~~--~. _
Executive Director Planning Mana r
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2009-01 as
conditioned.
DISCUSSION
Request of Applicant
Trillium Consulting, representing T-Mobile, is requesting approval of a
conditional use permit to construct a 60-foot tall cellular antenna at
2929 South Halladay Street.
Property Description
The property is located within the Light Industrial (M-1) zoning district
and has a General Plan land use designation of Industrial (IND)
(Exhibit 1). The property is surrounded by industrial uses (Exhibit 2).
The subject property is owned by Clayton, Clayton and Company and is
approximately .32 acres in size, rectangular in shape and improved with an
office and an industrial building. An existing 45-foot high monopole,
constructed in 1996, is located at the northeast end of the property.
Project Description
Trillium Consulting is proposing to replace the existing 45-foot high
monopole in its current 220 square feet leased area at the northeast edge
of the parking lot with a 60-foot tall facility camouflaged as a monopine.
The equipment cabinets will be screened by an existing seven-foot high
EXHIBIT A
31 A-2
Conditional Use Permit No. 2009-01
March 9, 2009
Page 2
wrought iron wall covered with Boston ivy vines and screened with a hedge
of shrubs. In addition, one 36-inch box Canary Island Pine tree will be
planted in the front yard landscape area (Exhibit 3).
The proposed wireless facility will include 12 panel antennas in three
sectors plus a four-foot diameter microwave dish camouflaged as a Canary
Island Pine Tree (Exhibits 4 and 5). The new wireless facility would
replace a 45-foot high existing monopole that was approved in 1996.
Analysis of the Issues
In 1998, the City Council adopted an ordinance that regulates Wireless
Communication facilities throughout the City. Major wireless facilities
are required to have a stealth design and be located on a building or in
an area that provides the greatest amount of visual screening. These
antennas also require the approval of a conditional use permit. The
proposed wireless facility will be located in an industrial area and would
replace an existing legal non-conforming monopole that is not stealthed.
The proposed monopine is designed to allow for future collocation by
another provider.
The applicant has explored alternatives to the monopine structure, such as
locating the cellular antenna on the roof of an existing building in the
area. Structures in the area, however, are not tall enough to meet the
coverage needs of T-Mobile. A 60-foot tall facility is needed in order to
improve cellular coverage and increase call capacity and quality. The
proposed cellular antenna will provide a benefit to Santa Ana residents,
businesses and motorists who subscribe to T-Mobile by closing service gaps
in the area and by providing additional calling capacity. Equipment for
the monopine will be located in the existing cabinets within the leased
area. All wiring and conduit will be underground or hidden in the
interior of the monopole. The proposed wireless facility complies with
the City's Wireless Communications Facility Ordinance and will provide
needed service to the southeast section of the City.
Based upon the above analysis and findings, staff recommends that the
Planning Commission approve Conditional Use Permit No. 2009-O1 as
conditioned.
31 A-3
Conditional Use
March 9, 2009
Page 3
CEQA Compliance
Permit No. 2009-O1
This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt from
further review pursuant to Section 15303. This Class 3 exemption allows
infill developments for the construction and location of limited numbers
of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2008-220 will be filed for this project.
~G~wr_
Marvin Ellenbecker
Landscape Development Associate
ME:jm
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Principal Planner
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KO- 3/5/09
RESOLUTION NO. 2009-05
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2009-01 TO ALLOW THE
CONSTRUCTION OF A WIRELESS FACILITY DESIGNED
AS A MONOPINE AT 2929 SOUTH HALLADAY STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2009-01 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
March 9, 2009.
B. Conditional Use Permit No. 2009-01 has been filed with the City of Santa
Ana seeking to allow the construction of a wireless facility designed as a
monopine at 2929 South Halladay Street.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed 60-foot tall cellular monopine will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to T-Mobile wireless service by reducing the
gaps in digital cellular service and providing additional calling
capacity for its users, especially for those users traveling
within the southeast sector of Santa Ana.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
Federal law exempts local jurisdictions from regulating health
related issues as these issues are covered under Federal
Resolution No. 2009-05
31 A-1 0 Page 1 of 5
laws. However, the proposed facility will be in compliance
with both the Federal Communications Commission (FCC)
and Federal Aviation Administration (FAA) safety regulations.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The proposed monopine, in conjunction with the existing
landscaping, will be compatible with the surrounding area and
will not adversely affect the economic viability in the area.
The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopine facility will not adversely affect the
General Plan as cellular facilities that are designed to be
compatible with the surrounding environment are consistent
with the goals and objectives of the Industrial (IND) General
Plan designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows infill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2008-220 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No2009-01 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes but is not limited to: the Request for Planning
Commission Action dated March 9, 2009 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
ADOPTED this 9th day of March, 2009 by the following vote:
Resolution No. 2009-05
31 A-11 Page 2 of 5
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Bv:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2009-05 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 9, 2009.
Date:
Planning Commission Secretary
City of Santa Ana
31 A-12
Resolution No. 2009-05
Page 3 of 5
Conditions for Approval for Conditional Use Permit No. 2009-01
Conditional Use Permit No. 2009-01 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the California Building Standards
Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rig or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP No. 08-
73).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The proposed monopine shall be constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 60-foot monopine facility.
4. The permit applicant recognizes that the frequencies used by the cellular
facility located at 2929 South Halladay Street are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (Permit Applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS}. Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
Exhibit A
Resolution No. 2009-05
31 A-13 Page 4 of 5
5. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
6. Before activating its facility, the permit applicant will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or aDivision-approved contractor at the expense of the
applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
7. The permit applicant shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
8. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and a-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
9. The permit applicant shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
the failure of any lessee or other users under the control of permit
applicant to comply.
10. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
11. The proposed wireless communication structure must be engineered to
allow the collocation of other service providers.
12. Locate all equipment and related appurtenances (appleton plug and
electric meter) on the inside of the fenced parking lot.
13. Conditional Use Permit No. 2009-01 expires 10 years from the date of City
Council approval.
Resolution No. 2009-05
31 A-14 Page 5 of 5
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
CONDITIONAL USE PERMIT NOS. 2009-03 AND
2009-04 AND VARIANCE NO. 2009-O1 TO
ALLOW A DRIVE-THROUGH, AFTER-HOURS
OPERATION AND A REDUCTION IN LANDSCAPING
FOR SONIC RESTAUR.AN'r LOCATED AT 3531
SOUTH FAIRVIEW STREET - COAST TO COAST
COMMERCIAL, LLC, APPLICANT
C~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Arriended
^ Ordinance on 15t Reading
^ Ordinance on 2rd Reading
^ Implernenting Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Receive and file the staff report approving Conditional Use Permit No.
2009-03 as conditioned, Conditional Use Permit No. 2009-04 as conditioned
and Variance No. 2009-01 as conditioned.
PLANNING COMMISSION ACTION
On March 9, 2009, the Planning Commission adopted a resolution approving
Conditional Use Permit No. 2009-03 as conditioned, Conditional Use Permit
No. 2009-04 as conditioned and Variance No. 2009-01 as conditioned by a
vote of 7:0 to allow a new Sonic Restaurant with drive-through service,
to operate after-hours and to reduce the side yard landscaped setback in
landscaping for a Sonic Restaurant in the Arterial Commercial (C-5)
zoning district at 3531 South Fairview Street. The Planning Commission
modified the conditions of approval to require all 24-inch box trees
shown on the site plan to be changed to 36-inch box trees and the
permitted hours of operation for drive-in stalls from 7:00 a.m. to 10:00
p.m. to 6:00 a.m. to 10:00 p.m. (Exhibit A).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja M Trevino
Executive Director
Planning & Building Agency
MF:rb
mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.cc
31 B-1
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
MARCH 9, 2009
TITLE:
PUBLIC HEARING - FILED BY COAST TO COAST
COMMERCIAL, LLC FOR CONDITIONAL USE PERMIT
NOS. 2009-03 AND 2009-04 AND VARIANCE NO.
2009-01 TO ALLOW A DRIVE-THROUGH, AFTER-
HOURS OPERATION AND A REDUCTION IN
LANDSCAPING FOR SONIC RESTAUR.AN'r LOCATED AT
3531 SOUTH FAIRVIEW STREET
Prepared by Matt Foulkes
PLANNING COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
DENIED
^ Applicant's Request
^ Staff Recommendation
CONTINUED TO
Exec tive Director Plannin anager
RECOMMENDED ACTION
1. Adopt a resolution approving Conditional Use Permit No. 2009-03 as
conditioned.
2. Adopt a resolution approving Conditional Use Permit No. 2009-04 as
conditioned.
3. Adopt a resolution approving Variance No. 2009-01 as conditioned.
DISCUSSION
Request of Applicant
Coast to Coast Commercial, LLC, on behalf of Sonic Restaurant, is
requesting approval of Conditional Use Permit Nos. 2009-03 and 2009-04
and Variance No. 2009-O1 to allow a new Sonic Restaurant with drive-
through service, to operate between 12:00 a.m. and 5:00 a.m. and to
reduce the side yard landscaped setback at 3531 South Fairview Street.
Property Description
The subject site is a 0.51 acre parcel
corner of Fairview Street and MacArthur
use designation for the site is General
within the Arterial Commercial (C-5)
currently developed with a 2,200 squa~
drive-through service. Surrounding lay
north and south, residential to the ea
(Exhibits 1 and 2).
EXHIBIT A
of land located on the southeast
Boulevard. The General Plan land
Commercial (GC), and it is located
zoning district. The site is
e foot fast-food restaurant with
.d uses include commercial to the
st and Calvary Chapel to the west
31 B-2
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 2
Project Description
Sonic Drive-in is a nationally recognized fast-food establishment with
over 3,500 restaurants nationwide. Sonic Drive-ins are unique from
other fast-food establishments in that curb-side speakers allow patrons
to order their food directly from their vehicles, with food delivered to
the car by a car-hop. The proposed Sonic Drive-in will provide 18
drive-in stalls, as well as outdoor seating for 36 patrons in addition
to the drive-through lane. There is no seating provided within the
1,536 square foot building (Exhibit 3).
The existing drive-through restaurant will be demolished and replaced by
a new building. The new building will feature a large arched metal
canopy covering the outdoor dining area to complement the dark slate
the which will be used on a tower feature and along the base of the
building. The remainder of the building will be stucco with a
decorative cornice extending around the parapet (Exhibit 4) The arched
metal canopy design is replicated on the drive-in stalls located on
either side of the building as well as the trash enclosure located at
the southeast corner of the property. The design is intended to provide
a modern twist on the classic drive-in restaurant design while still
providing an attractive outdoor seating area.
Access to the site is currently taken from three drive-ways, one located
on Fairview Street and the other two on MacArthur Boulevard. As part of
the design, Sonic is proposing to eliminate the second driveway on
MacArthur Boulevard in order to simplify traffic circulation on site.
The building location in the center of the property and use of angled
drive-in stalls results in a one-way circulation pattern around the
site. Colored concrete and a landscape island will be utilized to
clearly separate the drive-through lane from the drive aisles.
Analysis of the Issues
After-hours Operation
In January 1994, the City Council adopted Ordinance No. NS-2213 requiring
a conditional use permit for any eating establishment open any time
between the hours of 12:00 a.m. and 5:00 a.m. and that is within 150 feet
of any residentially zoned or used property. Since the proposed
restaurant is situated on a parcel of land that is directly adjacent to
residential property to the east and the drive-through is proposed to
31 B-3
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 3
operate on a 24-hour basis, a conditional use permit is required. The
drive-in stalls and outdoor dining areas will be closed for after-hours
use and are not part of the conditional use permit request.
In reviewing applications for after-hours operation, the Planning Division
considers several criteria to determine the feasibility of the request.
These criteria include the crime rate of the area, the nature of the
establishment, the surrounding land uses and development or operational
conditions to address any potential concerns to nearby residents.
1. Crime rate of the area - The restaurant is located within Reporting
District No. 90, which ranks 76th out of 102 Citywide Districts
making it average in police related incidents. This ranking is
based on the total number of calls for service in the reporting
district compared to all other reporting districts. The Police
Department has reviewed the proposal and has added conditions of
approval that are intended to address any potential concerns
regarding the after-hours use at this location.
2. Type of establishment (fast-food, sit-down, drive-up window) - Sonic
Drive-In is a 1,536 square foot fast-food restaurant with a proposed
drive-through service. Outdoor seating for 36 patrons is provided
as well as 18 drive-in parking stalls. Sonic maintains five
employees during regular operating hours and is proposing to reduce
their staff to three employees during after-hours operation. The
drive-through will operate 24-hours a day while the drive-in stalls
and outdoor seating area will close at 10:00 p.m. The reduction of
service to drive-through only and the level of after-hours staffing
will serve as a deterrent and reduce the potential for criminal
activity.
3. Surrounding land uses - The site is surrounded by commercial to the
north and south, the parking lot for Calvary Chapel to the west and
multi-family residential to the east. Several other fast-food and
casual dining restaurants exist in the center to the north of the
project including Subway, Rubios Baja Grill, McDonald's and Pick-up-
Stix. Currently, none of these establishments offer after-hours
service. The restaurant's location adjacent to two major arterial
streets as well as the limited late night dining opportunities makes
this an appropriate location for an after-hours use.
31 B-4
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-O1
March 9, 2009
Page 4
4. Potential areas of concern - Staff has identified noise and
loitering as two potentially negative outcomes associated with the
after-hours operation. In order to address these concerns, staff
has added conditions requiring the outdoor dining and drive-in
function to cease operation at 10:00 p.m., and the installation of
signage on the drive-in stalls adjacent to the residential property
requesting vehicles to be considerate to the neighboring property.
Additionally, the applicant will be required to raise the height of
the wall adjacent to the residential properties from five to six
feet and orient the drive-through speaker to face away from the
residences. Finally, the applicant has performed a noise study on
the subject property and found that the ambient noise level created
along MacArthur Boulevard and Fairview Street will exceed the noise
generated by the restaurant use (Exhibit 5).
In addition to the items outlined above, staff has included several
additional conditions of approval aimed at further minimizing any
potentially negative impacts on the adjacent properties. Finally, staff
has added a provision that the conditional use permit be reviewed after 90
days, six months, one year and then annually to make any modifications
necessary. The approval of after-hours operation at this site will
support Policy 2.2 of the Land Use Element of the General Plan which
encourages land uses that accommodate the City's needs for goods and
services by providing an after-hours dining option for motorists.
Drive -through Window Service
Drive-through window service is considered a critical operational
component of a fast food restaurant as it can generate up to 50 percent or
more of the total sales of a restaurant and provide an added convenience
to patrons.
The applicant has applied for a conditional use permit to allow drive-
through window service for the project. This request has been reviewed
based on the criteria established by the City and has been found to be
consistent with the operational standards for drive-through
establishments. To avoid impacts to the health, safety and general
welfare of persons working or residing in the area, several site design
and mitigation measures have been incorporated into this project. The on-
site vehicular circulation has been designed to avoid conflicts between
vehicles in the drive aisle and the drive-through lanes through the use of
colored concrete and a landscape island. The stacking lanes have been
31 B-5
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-01
March 9, 2009
Page 5
designed in order to prevent the stacking of vehicles onto Fairview Street
and MacArthur Boulevard. Additionally, Sonic utilizes a "bump-out" drive-
through system that allows patrons who have small orders to receive their
food, pay and then leave the drive-through lane before reaching the drive-
through window. This operational characteristic has been shown to
dramatically reduce the time vehicles spend in the drive-through lane
which will further decrease any impacts the drive-through might have with
on-site circulation. Finally, the aesthetic issues related to the drive-
through lane have been addressed by the installation of bermed landscaping
and a decorative hedge that will reduce the visual impact of the drive-
through lane to traffic traveling on Fairview Street and MacArthur
Boulevard.
Landscape Variance
The applicant is also requesting a variance to allow a reduction in side
yard landscaping on the site. Section 41-372 (b) of the Santa Ana
Municipal Code requires a landscaped area adjacent to a residential use be
not less than five feet while only one foot of landscaping is provided.
The property's location along two major arterial streets and adjacency to
two built-out properties has resulted in a site plan that is unable to
meet the side yard landscaping requirement established by the Municipal
Code without causing a deficiency in another aspect of the site. The site
has provided the required 15-foot landscape setbacks along MacArthur
Boulevard and Fairview Street as well as the required landscape planters
within the parking lot. Additional landscaping has also been provided in
a landscape island adjacent to the drive-through lane and landscape
planters in the outdoor seating area. The intent of the five-foot
landscape setback for side yards adjacent to residential properties is to
provide an aesthetically pleasing visual buffer for those properties from
the commercial uses. Although the adjacent residential property is
separated from the project site by an existing 20-foot alley, in order to
further improve the buffer, the applicant is being required to raise the
height of the wall separating the two properties from five to six feet and
plant decorative vines at eight-foot intervals to create an attractive
visual buffer between the parking lot and the residential property.
On February 25, 2009 a meeting was held with Thornton Park Neighborhood
Association to discuss the proposed project. Representatives from Sonic
presented the proposed site plan, landscape plan and elevations for the
project. Several questions were raised regarding the timeline for the
31 B-6
CUP Nos. 2009-03 and 2009-04
Variance No. 2009-O1
March 9, 2009
Page 6
project's development and the mitigation measures being taken to protect
the residents to the east of the project. Staff presented several of the
proposed conditions of approval intended to prevent any negative impacts
on the adjacent residential including the raising of the block wall and
limiting after-hours operation to drive-through only. Staff also answered
several questions relating to the number and type of entitlements that the
Sonic was requesting.
The approval of a Sonic Restaurant at this location supports Policy 1.10
of the Land Use Element which encourages commercial development at
arterial roadway intersections in commercial districts. It also supports
Policy 2.8 of the Land Use Element which promotes the rehabilitation of
commercial properties in the City. Based on the analysis of the project,
findings of fact, conditions of approval, compatibility with the City's
General Plan and applicable development standards, staff recommends the
Planning Commission approve Conditional Use Permit Nos. 2009-03 and 2009-
04, and Variance No. 2009-01 as conditioned.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15303. This
Class 3 exemption allows for the construction of a restaurant not
exceeding 2,500 square feet in floor area. Categorical Exemption
Environmental Review No. 2008-139 will be filed for this project.
Matt Foul
Assistant Planner I
il.~
Vince Frego o ICP
Principal Planner
MF:jm
mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.pc
31 B-7
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31 SIT 4
SONIC DRIVE-IN PROJECT
ACOUSTICAL STUDY
City of Santa Ana California
Prepared for:
Mr. Devon Wesselink
COAST TO COAST COMMERICAL, LLC
26400 La Alameda Suite 106
Mission Viejo, CA 92691
Prepared by:
RK ENGINEERING GROUP, INC.
3991 MacArthur Boulevard, Suite 310
Newport Beach, CA 92660
Mike Dickerson
Robert Kahn, P.E.
g~or~ss~oN~
~~,~o~ERT Kq `~2
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October 8, 2008
MD: rtq/RK6860
lN:206 J-2008-04
EXHIBIT 5
31 B-12
1.0 Executive Sumrnar
This acoustical analysis and design evaluates the potential noise impacts and necessary
mitigation measures for the Sonic Drive-In Project. The project is located at the southeast
corner of Fairview Street and MacArthur Boulevard in the City of Santa Ana, as indicated in
Exhibit A. The site plan used for this analysis, provided by MCG ARCHITECTS, is presented
in Exhibit B. The proposed project would replace an existing restaurant with a 1,536 square
foot building and a 456 square foot patio with a menu board, along with approximately 17
drive-up menu boards with speakerphones. The noise regulations for the project site are
listed in the Noise Standard section of the study. The noise ordinance relates to "stationary"
noise sources as stipulated in Appendix A.
A detailed list of required and recommended noise control measures is presented in the
Summary of Mitigation Requirements section of this study {also graphically illustrated on
Exhibit D). The noise control analysis and recommendations in this study are intended to
satisfy the City of Santa Ana Conditions of Approval, with respect to this project.
1.1 Stationary Noise Analysis
The stationary noise impacts associated with the proposed project would include
noise from the drive-up speakerphones and speakerphones in the patio areas.
To approximate the noise levels associated with the proposed project, noise level
data from existing Sonic Drive-In restaurants with similar parameters were collected
and is presented in Appendix C. The noise levels associated with stationary noise
such as speakerphone activities were monitored by RIC. These referenced noise
levels can be found in Table 2 and are used as the reference noise levels.
To help assess the potential noise impacts of the proposed project, four (4)
short-term noise measurements were taken at or near the project site (two (Z)
1-1
31 B-13
during the daytime hours (7AM - 10PM) and two (2) during the nighttime hours
(10PM- 7AM)). Short-term noise monitoring location 1 (ST-1) is located on the
project site's property approximately 10 feet from the eastern property line and 110
feet from the centerline of MacArthur Boulevard. ST-1 describes the noise
environment associated existing project site. ST-2 is located 10 feet from the
residential units directly east of the project site. ST-2 describes the noise
environment associated with the residential units at the ground floor level. Both
ST-1 and ST-2 indicate the typical ambient noise levels during the daytime and
nighttime hours. Traffic noise is the predominant noise source impacting the
adjacent residential units. The noise measurements conclude that the residential
units (located approxima#ely 30 feet from the project site's eastern property line)
existing noise environment is exceeded by the surrounding ambient noise levels.
The City's noise ordinance is violated by pass-by vehicular traffic and the
surrounding environment. The City noise code states that in the event the ambient
noise levels exceed the noise ordinance, the maximum allowable noise level shall be
increased to reflect the maximum ambient noise level.
By including the referenced and measured noise levels associated with the ambient
noise conditions near and around the project site, future noise levels were
calculated. The projected noise levels propagating from the Sonic Drive-In to the
residential units were calculated by adding logarithmically the projected Sonic
Drive-In noise levels to the corresponding noise levels during the different daytime
and nighttime hours. These future noise levels were compared to City of Santa
Ana's noise ordinance,
Tables 3 through 6 indicate the anticipated exterior/interior! day and night noise
levels associated with the proposed project. The calculated first and second floor
exterior noise levels during the day and night hours are expected to range from 53.5
to 61.6 dBA Leq. The calculated first and second floor interior noise levels during
the day and night hours are expected to have a maximum noise level range of 47.0
to 55.6 dBA Lmax. The tables also indicate the expected change in noise level as a
1-z
31 B-14
result of the proposed project. The change in noise level is minimal when compared
to the existing noise environment.
The results of the stationary noise analysis indicate that noise levels associated with
the project site will not exceed the City's exterior noise ordinance because there are
no usable exterior livable areas (backyards or balconies 6 feet deep or mare}
adjacent to the project site. The City's interior noise ordinance will be exceeded for
all second floor units facing the project site during nighttime (10 PM - 7AM}
operations.
1-3
31 B-15
KO- 3/10/09
RESOLUTION NO. 2009-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2009-03 AS CONDITIONED TO ALLOW
THE OPERATION OF AN EATING ESTABLISHMENT
BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M.;
CONDITIONAL USE PERMIT NO. 2009-04 AS
CONDITIONED TO ALLOW ADRIVE-THROUGH WINDOW
SERVICE AND VARIANCE NO. 2009-01 AS
CONDITIONED TO ALLOW A REDUCTION IN SIDE YARD
LANDSCAPE FOR THE PROPERTY LOCATED AT 3531
SOUTH FAIRVIEW STREET
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Applicant is requesting approval of a conditional use permit to operate a
restaurant between the hours of 12:00 a.m. and 5:00 a.m., a conditional use
permit to allow adrive-through window service at the restaurant and a
variance to reduce the side landscaping for the property located at 3531
South Fairview Street.
B. Conditional Use Permit No. 2009-03, Conditional Use Permit No. 2009-04
and Variance No. 2009-01 came before the Planning Commission of the
City of Santa Ana for a duly noticed public hearing on March 9, 2009.
C. Conditional Use Permit No. 2009-03 has been filed with the City of Santa
Ana seeking to allow a restaurant to operate twenty-four hours a day
within the Community Commercial (C1) zoning district.
1. Santa Ana Municipal Code Section 41-365.5 authorizes eating
establishment open at any time between the hours of 12:00 a.m. and
5:00 a.m. and located within one hundred fifty feet of residentially
zoned or used property, measured from property line to property line
subject to the issuance of a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
Resolution No. 2009-06
Page 1 of 13
31 B-16
Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed after-hours operation will provide an
additional amenity to the restaurant and thereby benefit
the community by providing extra hours of food service
at the eating establishment. Conditions have been
placed on the conditional use permit which will mitigate
any potential impacts created by the use and ensure
that the eating establishment will not negatively affect
the surrounding community.
ii. Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed late night operation will not be
detrimental to persons residing and working in the
area as the use, as conditioned, will not create any
negative or adverse impacts such as noise or loitering
and will provide an after-hours dining option for
motorists. The Police Department has added
appropriate conditions to the project that will prevent it
from becoming an attractive nuisance in the future.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The 0.51 acre site is currently being used as a fast-
food restaurant with drive-through service. The
allowance of the after-hours operation will complement
the economic stability of the area by providing greater
opportunities for generating revenue for the restaurant
through the attraction of additional patrons.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed project will be in compliance with all
applicable regulations imposed on a restaurant with an
after-hours conditional use permit pursuant to Chapter
41 of the Santa Ana Municipal Code.
Resolution No. 2009-06
Page 2 of 13
31 B-17
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed use will not adversely affect the General
Plan. Policy 2.2 of the Land Use Element encourages
land uses that accommodate the City's need for goods
and services. The extended hours of operation will
provide a dining service to the residents of Santa Ana.
Additionally, the property is located within the General
Commercial general plan land use designation which
permits restaurant uses.
D. Conditional Use Permit No. 2009-04 has been filed with the City of Santa
Ana seeking to allow a restaurant to operate adrive-through window
service within the Community Commercial (C1) zoning district.
1. Santa Ana Municipal Code Section 41-365.5 allows eating
establishment with adrive-through window service subject to the
issuance of a conditional use permit.
2. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
i. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or
community?
The proposed drive-through operation will provide an
additional amenity to the restaurant and thereby benefit
the community by providing patrons with an additional
alternative for food service at the eating establishment.
Conditions have been placed on the conditional use
permit which will mitigate any potential impacts created
by the use and ensure that the eating establishment
will not negatively affect the surrounding community.
Will the proposed use under the circumstances of the
particular case be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity?
The proposed drive-through operation will not be
detrimental to persons residing and working in the
area as the use, as conditioned, will not create any
negative or adverse impacts such as noise or loitering
and will provide a beneficial dining alternative for
Resolution No. 2009-06
Page 3 of 13
31 B-18
motorists. The sites landscaping has been designed
to help screen the drive-through lane through the use
of bermed landscaping on both Fairview Street and
MacArthur Boulevard.
iii. Will the proposed use adversely affect the present economic
stability or future economic development of properties
surrounding the area?
The 0.51 acre site is currently being used as a fast-
food restaurant and drive-through facility. The site plan
further enhances the economic stability of the site by
incorporating additional on-site stacking for drive-
through patrons than what was provided at the existing
facility. This improved site plan will complement the
economic stability of the area by providing greater
opportunities for generating revenue for the restaurant
through the attraction and servicing of additional
patrons.
iv. Will the proposed use comply with the regulations and
conditions specified in Chapter 41 for such use?
The proposed project will be in compliance with all
applicable regulations imposed on a restaurant with a
drive-through operations conditional use permit
pursuant to Chapter 41 of the Santa Ana Municipal
Code.
v. Will the proposed use adversely affect the General Plan or
any specific plan of the City?
The proposed use will not adversely affect the General
Plan. The proposed restaurant and drive-through
facility will support Policies 1.10 and 2.8 of the Land
Use Element which encourages the rehabilitation of
commercial development along major arterial
roadways and intersections. The drive-through
window will provide an alternative dining service to the
residents of Santa Ana. Additionally, the property is
located within the General Commercial general plan
land use designation which permits restaurant uses.
E. Variance No. 2009-01 has been filed seeking to reduce the side yard
landscaping from the required five (5) feet as required by Section 41-
372(b) of the Santa Ana Municipal Code to one (1) foot.
Resolution No. 2009-06
Page 4 of 13
31 B-19
Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
That because of special circumstances applicable to the
subject property, including size, shape, topography, location or
surroundings, the strict application of the zoning ordinance is
found to deprive the subject property of privileges not
otherwise at variance with the intent and purpose of the
provisions of this chapter.
Special circumstances exist in that this lot's location
along two major arterial streets and adjacency to two
built-out properties prevents the project from being able
to meet the side yard setback requirements without
resulting in a deficiency in another aspect of the site's
requirements. The proposed plan addresses the intent
of the side yard setback requirements by increasing the
height of the existing wall to six feet and installing
decorative vines.
ii. That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights.
The granting of this variance would allow the property
to be re-developed with a high quality fast-food
restaurant which meets all other applicable
development standards and is a permitted use in the C-
5zoning district.
iii. That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property.
The proposed restaurant will have no detrimental
impacts on the surrounding properties or neighborhood.
The lot is currently developed with afast-food
restaurant and drive-through facility which will be
demolished and replaced with a similarly scaled
nationally recognized fast-food facility. The project has
been designed and conditioned to mitigate any
potential impacts the new design may have.
iv. That the granting of a variance will not adversely affect the
General Plan of the City.
Resolution No. 2009-06
Page 5 of 13
31 B-20
The proposed use will not adversely affect the General
Plan. The proposed restaurant is permitted by the
General Commercial land use designation and will
support several elements of the General Plan,
including Policies 1.10 and 2.8 of the Land Use
Element, which encourages the rehabilitation of
commercial development along major arterial
roadways and intersections.
F. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15303.
This Class 3 exemption allows for the construction of a restaurant not
exceeding 2,500 square feet in floor area. Categorical Exemption
Environmental Review No. 2008-139 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves for the property located at 3531 South Fairview Street:
1. Conditional Use Permit No. 2009-03, as conditioned in Exhibit "A"
attached hereto and incorporated herein, to allow an eating
establishment to be open between hours of 12:00 a.m. and 5:00
a.m.
2. Conditional Use Permit No. 2009-04, as conditioned in Exhibit "B"
attached hereto and incorporated herein, to allow an eating
establishment with drive-through window service.
3. Variance No. 2009-01, as conditioned in Exhibit "C" attached hereto
and incorporated herein, to allow a reduction in the side yard
landscaping from five (5) feet to one (1) foot .
These decisions are based upon the evidence submitted at the above said
hearing, which includes but is not limited to: the Request for Planning Commission
Action dated March 9, 2009 and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 9th day of March, 2009 by the following vote:
AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner,
Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Resolution No. 2009-06
Page 6 of 13
31B-21
Christopher Leo
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2009-06 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on March 9, 2009.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2009-06
Page 7 of 13
31 B-22
Conditions for Approval for Conditional Use Permit No. 2009-03
Conditional Use Permit No. 2009-03 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46) except that all twenty-four (24) inch box trees shown on the landscape
plan shall be thirty-six (36) inch box trees.
2. Any amendment to these conditional use permits or variance must be
submitted to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is available or the
conditional use permit must be amended.
3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
Resolution No. 2009-06
Page 8 of 13
31 B-23
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. Window displays and racks must be kept to a maximum height of three
feet including merchandise and cannot obstruct the cashiers view to the
outside.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. The conditional use permit shall be reviewed at ninety days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 9 of 13
31 B-24
Conditions for Approval for Conditional Use Permit No. 2009-04
Conditional Use Permit No. 2009-04 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform
Building Code and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46).
2. Any amendment to these conditional use permits or variance must be
submitted to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is available or the
conditional use permit must be amended.
3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
Resolution No. 2009-06
Exhlblt B Page 10 of 13
31 B-25
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. Window displays and racks must be kept to a maximum height of three
feet including merchandise and cannot obstruct the cashiers view to the
outside.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. The conditional use permit shall be reviewed at ninety days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 11 of 13
31 B-26
Conditions for Approval for Variance No. 2009-01
Variance No. 2009-01 is approved subject to compliance, to the reasonable satisfaction
of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and
all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or to
exercising the rights conferred by this variance.
The applicant must remain in compliance with all conditions listed below throughout the
life of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
1. The project shall remain in compliance with Site Plan Review (DP No. 08-
46).
2. Any amendment to these conditional use permits or variance must be
submitted to the Planning Division and Police Department for review. At
that time, staff will determine if administrative relief is available or the
conditional use permit must be amended.
3. Prior to issuance of a Certificate of Occupancy, signage shall be placed on
the drive-in stalls adjacent to the residential properties requesting reduced
noise levels in the evenings.
4. All speaker boxes shall comply with the City's noise ordinance.
5. Prior to issuance of a Certificate of Occupancy, the block wall adjacent to
the residential properties to the east shall be raised to six feet, except
where the wall encroaches into the front yard setback, where it shall be
not more than four feet.
6. Prior to issuance of a Certificate of Occupancy, a shared access
agreement must be recorded for the reciprocal use of the driveway on
Fairview Street.
7. Speaker boxes for the drive-in stalls shall cease operation between the
hours of 10:00 p.m. and 6:00 a.m.
Exhibit C
Resolution No. 2009-06
Page 12 of 13
31 B-27
8. Prior to issuance of a Certificate of Occupancy, bermed landscaping shall
be provided in the landscape setbacks along Fairview Street and
MacArthur Boulevard.
9. Prior to issuance of a Certificate of Occupancy, decorative vines shall be
added to the block wall along the eastern property line at eight-foot
intervals.
B. Police Department
1. The applicant shall be responsible for maintaining the premises free of
graffiti. All graffiti shall be removed within 24 hours of occurrence.
2. Cash register must be visible from the street at all times and shall not be
obstructed at any time by temporary or permanent signage.
3. Window displays must be kept to a minimum for maximum visibility and
shall not exceed 25 percent of window coverage. Windows shall be kept
clear of any advertising materials between three and six feet in height.
4. Window displays and racks must be kept to a maximum height of three
feet including merchandise and cannot obstruct the cashiers view to the
outside.
5. Atimed-access cash controller or a money drop safe capable of easily
providing the cashier the ability to quickly deposit money into it must be
installed.
6. Install a silent armed robbery alarm.
7. There shall be no coin-operated games maintained on the premises at any
time.
8. The petitioner(s) shall be responsible for maintaining the premises free of
litter.
9. The conditional use permit shall be reviewed at ninety days, six months, at
one year and then annually thereafter by the Police Department for any
modification to the conditions of approval.
10. "No Loitering/Trespass" signs/placards shall be posted in the parking lot.
The posted signs must conform to Penal Code Section 602.
Resolution No. 2009-06
Page 13 of 13
31 B-28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
ORDINANCE AMENDING CHAPTER 39
OF THE MUNICIPAL CODE -
CONSERVATION OF PUBLIC CATER
SUP~LY _.-.
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 'I 5r Reading
^ Ordinance on <?~" Reading
^ Implementing Resolution
^ Set Puts€ic HearinG For
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Chapter 39 of the Santa Ana Municipal Code
with updated regulations for conservation of the public water supply.
DISCUSSION
The State of California is in the third year of a drought and water
supply deliveries from Northern California are projected to be severely
reduced next year. The Metropolitan Water District (MWD) is proposing
to reduce imported water deliveries by 10 to 20~ to member agencies,
with heavy penalties (three to four times their normal cost of water)
for failure to achieve the required reductions.
The Santa Ana Municipal Code regulating conservation of the public water
supply is found in Chapter 39, Article VI and was adopted on September
4, 1990. The purpose of the ordinance is to establish a water
conservation and supply shortage program that will reduce water
consumption within the City through conservation, assure reasonable and
beneficial use of water, prevent waste of water, and maximize the
efficient use of water within the City to minimize the effect and
hardship of water shortage to the greatest extent possible.
In January of 2009, the Metropolitan Water District (MWD) finalized a
draft model water conservation and water supply shortage ordinance for
use by water agencies in Southern California. To remain eligible for
MWD water conservation grant funding programs, the City of Santa Ana and
all other MWD member agencies are required to adopt a water conservation
ordinance that contains all of the major components outlined in the
model ordinance. The proposed ordinance amends the existing city
municipal code to add these required components.
50A-1
Ordinance Amending Chapter 39
Of the Municipal Code -
Conservation of Public Water
Supply
April 6, 2009
Page 2
The proposed ordinance will establish permanent water conservation
requirements that will apply at all times. Twelve specific prohibitions
are created which are intended to eliminate the waste and unreasonable
use of water. Some of these requirements include restricting landscape
irrigation to night and early morning hours, prohibiting washing down
driveways and other paved services, and prohibiting restaurants from
serving water unless requested by customers.
Other provisions in the proposed ordinance include updates to mandatory
conservation regulations during declared water shortages. Three
different water shortage levels are identified, with progressively
tighter water use restrictions depending on the severity of the
shortage. A City Council resolution would be required to activate any
of three water shortage levels and the attendant water use restrictions.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Although there is no direct fiscal impact associated with this item,
the future declaration of a water shortage under the provisions of this
ordinance could result in a significant decrease in water sales and a
corresponding decrease in revenue to the Water Enterprise.
APPROVED AS TO FUNDS AND ACCOUNTS:
~--, / ~ ~3
~~r~~~
Ja es G. Ross Francisco Gutierrez
E ecutive Director Executive Director
ublic Works Agency Finance & Mgmt. Services Agency
50A-2
(jxs 04/01 /09)
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING CHAPTER 39 OF THE SANTA ANA
MUNICIPAL CODE RELATING TO THE
CONSERVATION OF THE PUBLIC WATER SUPPLY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. The State is in its third straight year of drought. California's
snowpack are significantly low, precipitation currently is only about
70 percent of normal, and nearly all reservoirs are well below
acceptable levels for storage.
B. The amount of imported water from Northern California has been
cut back to half of what is its been in recent years. This year, water
supplies are projected to be in the range of 15% to 30% of normal
allocations.
C. Metropolitan Water District (MWD) is now proposing an allocation
to its member agencies, which could result in a 10 to 20% cut back
of our imported water.
D. The city has been informed that MWD is preparing to implement
their allocation about April or May of this year.
E. In the event an agency does not cut its water demands back and
exceeds its water allocation from MWD, there is a hefty cost
associated with it, on the order of 3-4 times the normal cost of their
existing tier 2 rate of $695 per acre foot of water.
F. MWD also has proposed for all the member agencies to update or
implement a Water Conservation Ordinance.
G. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
Ordinance No. NS-XXX
50A-3 Page 1 of 17
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter
Section 2. The adoption of this ordinance is exempt from CEQA and a
Notice of Exemption will be filed if this ordinance is adopted.
Section 3. Section 39-89 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-89. ~has+r~ Reserved
Section 4. Section 39-96 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-96. ~ea~ks- Reserved
Section 5. Section 39-97 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-97. ~ef~ Reserved
Section 6. Section 39-98 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-98. Reserved
imm~a~ nromi~~~ r.f n~mmorn' I
N L.
Ordinance No. NS-XXX
Page 2 of 17
50A-4
Section 7. Section 39-105 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-105. Determination of Csonservation n"prrav~ Level.
The city council shall make findings of shortage and declare the applicable
water conservation pf-a~Level by resolution.
Section 8. Section 39-106 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-106. Permanent Water Csonservation °h,--~,~e-r-Requirements.
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:
(1) Washing down sidewalks, walkways, driveways, parking areas or
other paved surfaces, except as is required to dispose of dangerous
liquids or alleviate safety or sanitary hazards and then only by use
of a hand-held bucket, or hand-held hose equipped with a
positive self-closing water shut-off device is prohibited.
(2) Water Watering of lawn, landscape or other turf areas except
between the hours of 4=A~ 6:00 p.m. and ~A99 9:00 a.m. is
prohibited, except by use of a hand-water shut-off nozzle or
device, or for very short periods of time for the express purpose
of adjusting or repairing an irrigation system.
(3) The 1~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 fesysl+ag re-circulating system is prohibited.
(4)
s#af4--a~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.
Ordinance No. NS-XXX
50A-5 Page 3 of 17
(5) 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 water shut-off nozzle
or device. This subsection does not apply to any commercial car
washing facility.
(6) Hotels, motels and other commercial lodging establishments
must provide customers the option of not having towels and
linen laundered daily. Commercial lodging establishments must
prominently display notice of this option in each bathroom using
clear and easily understood language.
(7) Food preparation establishments such as restaurants or cafes,
are prohibited from using non-water conserving dish wash spray
valves.
(8) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within seventy-
two (72) hours of notification by the City, unless other
arrangements are made with the City.
(9) No Installation of Single Pass Cooling System: Installation of
single pass cooling systems is prohibited in buildings requesting
new water service.
(10)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.
(11) Watering or irrigating of any lawn, landscape or other vegetated
area in a manner that causes or allows excessive water flow or
runoff onto an adjoining sidewalk, driveway, street, alley, gutter
or ditch is prohibited.
(12) No Installation of Non-re-circulating in commercial car wash and
laundry systems: Installation of non-re-circulating water systems
is prohibited in new commercial conveyor car wash and new
commercial laundry systems.
Section 9. Section 39-107of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-107. Water Csonservation °h-Level 1 Water Shortage
Ordinance No. NS-XXX
Page 4 of 17
50A-6
Upon the
declaration by the Council of a Level 1 Water Shortage, Council will
implement the mandatory Level 1 conservation measures identified in this
section. In addition to the prohibited uses of water identified in section 39-
106, the following water conservation requirements apply during a declared
Level 1 water shortage:
(1) Restrictions
on watering lawn, landscape or other turf areas shall be modified to
prohibit watering more often than every other day and such areas
shall only be watered between the hours of 6:00 p.m. and 6:00 a.m.
This provision shall not apply to commercial nurseries and golf
courses.
(2) The watering of mater lawn, landscape or other turf areas of
commercial nurseries or golf courses shall be allowed except
between the hours of 6:00 p.m. and 6:00 a.m. There shall be no
restriction on watering utilizing reclaimed water.
(3) ,
,
. No customer shall make, cause, use or permit
the use of water for any purpose in excess of the applicable
percentage of the amount used in the customer's premises
during the corresponding billing period of the prior calendar
year, such percentage to be determined by City Council and set
forth in the resolution declaring Level 1. There shall be no
restriction on the use of reclaimed water under this provision.
(4) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within seventy-
two (72) hours of notification by the City, unless other
arrangements are made with the City.
Section 10. Section 39-108 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-108. Water Csonservation °h,~~-Level 2 Water Shortage
Upon the
declaration by the Council of a Level 2 Water Shortage, Council will
implement the mandatory Level 2 conservation measures identified in this
Ordinance No. NS-XXX
50A-7 Page 5 of 17
section. In addition to the prohibited uses of water identified in section 39-
106 and section 39-107, the following water conservation requirements
apply during a declared Level 2 water shortage:
(1) ,
Wwatering lawn, landscape or other turf areas shall be modified to
prohibit watering more often than two days per week and
such areas shall only be watered between the hours of 6:00 p.m. and
6:00 a.m. This provision shall not apply to commercial nurseries and golf
courses.
(2) Water lawn, landscape or other turf areas of commercial nurseries or golf
courses more often than every other day and shall only water between
the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on
watering utilizing reclaimed water.
(3) Use water from fire hydrants except for fire fighting and related activities.
Other uses of water for municipal purposes shall be limited to activities
necessary to maintain the public health, safety and welfare.
(4) ,
. No customer shall make, cause, use or permit the
use of water for any purpose in excess of the applicable percentage
of the amount used in the customer's premises during the
corresponding billing period of the prior calendar year, such
percentage to be determined by City Council and set forth in the
resolution declaring Level 2 water shortage. There shall be no
restriction on the use of reclaimed water under this provision.
(5) All leaks, breaks, or other malfunctions in the water user's plumbing
or distribution system must be repaired within forty-eight (48) hours
of notification by the City, unless other arrangements are made with
the City.
(6) Re-filling of more than one foot and initial filling of residential
swimming pools or outdoor spas with potable water is prohibited.
Section 11. Section 39-109 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-109. .Emergency
Condition, Level 3 Water Shortage
Ordinance No. NS-XXX
Page 6 of 17
50A-8
Upon the declaration of a Level 3 water shortage, the Council will
implement the mandatory Level 3 conservation measures identified in this
section. In addition to the prohibited uses of water identified in section 39-
106, section 39-107 and section 39-108, the following water conservation
requirements apply during a declared Level 3 water shortage:
(1) Watering or irrigation of lawn, landscape or other vegetated area
with potable water is prohibited. The restriction does not apply to
the following categories of use, unless the Council has
determined that recycled water is available and may be applied to
use:
a. Maintenance of vegetation, including trees and shrubs, that
are watered using ahand-held bucket or similar container,
hand-held hose equipped with a positive self-closing water
shut-off nozzle or devise;
b. Maintenance of existing landscape necessary for fire
protection;
c. Maintenance of existing landscape for soil erosion;
d. Maintenance of landscape within active public parks and
playing fields, day care centers, golf course greens, and
school grounds, provided that such irrigation does not
exceed two (2) days per week according to the schedule
and time restrictions established in section 39-108.
(2) All leaks, breaks, or other malfunctions in the water user's
plumbing or distribution system must be repaired within twenty-
four (24) hours of notification by the City, unless other
arrangements are made with the City
Ordinance No. NS-XXX
50A-9 Page 7 of 17
(3) No new potable water service will be provided, no new temporary
meters or permanent meters will be provided and no statement of
immediate ability to serve or provide water service (such as, will-
serve letters, certificates, or letters of availability) will be issued,
except under the following circumstances:
a. A valid, unexpired building permit has been issued for the
project, or
b. The project is necessary to protect the public health,
safety, or welfare; or
c. The applicant provides substantial evidence of an
enforceable commitment that water demands for the
project will be offset prior to the provision of a new water
meter(s) to the satisfaction of the City.
This provision does not preclude the resetting or turn-on of
meters to provide continuation of water service or the
restoration of service that has been interrupted for a period of
one year or less.
(4) No customer shall make, cause, use or permit the use of water for
any purpose in excess of the applicable percentage of the amount
used in the customer's premises during the corresponding billing
period of the prior calendar year, such percentage to be
determined by City Council and set forth in the resolution
declaring Level 3. There shall be no restriction on the use of
reclaimed water under this provision.
Section 12. Section 39-110 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-110. ~~c~o ~~~o~~; .,~+~„~;~; Implementation of water
conservation phases.
(a) Each month the department shall monitor and evaluate the
demand for water by customers and the projected available supply. Upon
determination of potential or actual water shortage, the director of public
works shall recommend to the city council the extent of the conservation
phase required by customers in order for the department to prudently
supply water to customers.
Ordinance No. NS-XXX
Page 8 of 17
50A-10
(b) The city council shall make findings of shortage and declare
the conservation phase by resolution. Said resolution shall specify the
start date of the conservation phase. The resolution shall be published
once in a daily newspaper of general circulation within the city and shall
become effective immediately upon such publication.
(c) The provisions of sections 39-107(3) and 39-108(4) and 39-
109(4) requiring curtailment in the use of water shall be effective the first
full billing period commencing on or after the date of such publication.
Section 13. Section 39-111 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout for
tracking purposes only):
Sec. 39-111. .Exclusivity of
penalties.
/1 ~.\ nor non4 of +ho n
~ vv.~a v~-ar ~ ~e}~mor~c. ~~i fir. h'll
.
f
f
f
T~'irmrr••l Q°n:iva°. n•.n h i
o roc~~r~ro.-1.
Notwithstanding any other provision of the Santa Ana Municipal
Code, the penalties set forth in section 39-112 for violations relating to the
curtailment in the use of water shall be exclusive and not cumulative with
any other section of this Code.
Ordinance No. NS-XXX
Page 9 of 17
50A-11
Section 14. Section 39-112 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-112. .Enforcement and Penalties for
Violation of Water Allocation Requirements.
r° I
h~ roliolicrl i n ~~rh~lo ~
- r in r~...+ Frnm +he ~~i ~ .-~ 'I
wv .vLV.VV) II I ..AVIV ,
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j~r~rc°-~cr~'r~-
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r_7fofii h~~.+r'•!~•
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r
Ordinance No. NS-XXX
Page 10 of 17
50A-12
~~_n4or! ~ ~nloc c +he n~ ~c }nme r ~hr.auc. ~h 4 L. M L.' r aV
~, _ _ v u ram
1 ,
Violation by any customer of sections 39-107(3) and 39-108(4) and
39-109(4) requiring curtailment in the use of water shall be penalized as
follows:
(1) First violation. The director of public works or his designee shall
issue a written notice of the fact of a first violation to the customer.
(2) Second violation. For a second violation the director of public works
or his designee shall impose a surcharge in an amount equal to
fifteen (15) per cent of the customer's water bill.
(3) Third and subsequent violations. For a third and each subsequent
violation, the director of public works or his designee shall install a
flow-restricting device of one (1) gallon per minute capacity for
services up to one and one-half (1 1/2) inches size, and
comparatively sized restrictors for larger services, on the service of
the customer at the premises at which the violation occurred for a
period of not less than forty-eight (48) hours. The department shall
charge the customer the reasonable costs incurred for installing
and for removing the flow-restricting devices and for restoration of
normal service. The charge for installing and removing aflow-
restricting device and any other penalties or charges due the city
from the customer or due from any person who has applied for
water service, shall be paid before normal service can be restored.
Section 15. Section 39-113 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Ordinance No. NS-XXX
Page 11 of 17
50A-13
Sec. 39-113. ~~^^~^t°^^. Relief from compliance.
(a) A customer may file an application for relief from any
provision of this Article. The director of public works shall
develop such procedures as necessary to determine such
application and shall, upon the filing by the customer of an
application for relief, take such steps as reasonably necessary
to determine the application for relief.
(b) The application for relief may include a request that the
customer be relieved, in whole or in part, from the water use
curtailment provisions of sections 39-96 through 39-109 and
shall contain the basis for such request.
(c) In determining whether to grant relief and the nature of any
relief, the director of public works shall take into consideration
all relevant factors including, but not limited to:
(1) Whether any additional reduction in water consumption
will result in unemployment;
(2) Whether additional members have been added to the
household;
(3) Whether any additional landscaped property has been
added to the property since the corresponding billing
period of the prior calendar year;
(4) Changes in vacancy factors in multifamily housing;
(5) Increased number of employees in commercial, industrial
and governmental offices;
(6) Increased production requiring increased process water;
(7) Water uses during new construction;
(8) Adjustments to water use caused by emergency health or
safety hazards;
(9) First filling of apermit-constructed swimming pool; and
Ordinance No. NS-XXX
Page 12 of 17
50A-14
(10) Water use necessary for reasons related to family illness
or health.
(d) In order to be considered, an application for relief from a
resolution must be filed with the department within fifteen (15)
days from the date of receipt of the most recent water bill
following adoption of such resolution. No relief shall be
granted unless the customer shows that he has achieved the
maximum practical reduction in water consumption other than
in the specific areas in which relief is being sought. No relief
shall be granted to any customer who, when requested by the
department, fails to provide any information necessary for
resolution of the customer's application for relief.
(e) The decision of the director of public works shall be final.
Section 16. Section 39-114 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-114. .Exemption.
Ordinance No. NS-XXX
Page 13 of 17
50A-15
Single-family residential customers shall not be required to reduce
consumption below eighteen (18) billing units per bi-monthly billing period
during Water Shortage Levels 1 and 2. Multi-family residential customers
shall not be required to reduce consumption below eighteen (18) billing
units per bi-monthly billing period for each dwelling unit during Water
Shortage Levels 1 and 2.
For Water Shortage Level 3, the bi-monthly exemption amount for
single family and multi-family customers shall be determined by the City
Council and set forth in the resolution declaring a Level 3.
Section 17. Section 39-115 of the Santa Ana Municipal Code is hereby
amended such that it reads as follows (new language in bold, deleted language in
strikeout for tracking purposes only):
Sec. 39-115. .Notice of Violation of
Provisions other than Water Allocation Requirements.
#~F:
For violations of this Article not related to sections 39-107(3) and 39-
108(4) and 39-109(4) requiring curtailment in the use of water, the director
of public works or his designee shall give notice of violation to the
customer committing the violation as follows:
(1) Notice of violation shall be given in writing in the following
manner:
Ordinance No. NS-XXX
Page 14 of 17
50A-16
a. By giving the notice to the customer personally; or
b. If the customer is absent from or unavailable at the
premises at which the violation occurred, by leaving a
copy with some person of suitable age and discretion
at the premises and sending a copy through the regular
mail to the address at which the customer is normally
billed; or
c. If a person of suitable age or discretion cannot be
found, then by affixing a copy in a conspicuous place at
the premises at which the violation occurred and also
sending a copy through the regular mail to the address
at which the customer is normally billed.
(2) The notice shall contain a description of the facts of the
violation, a statement of the possible penalties for each
violation and a statement informing the customer of his
right to a hearing on the merits of the violation pursuant to
section 39-116.
Section 18. Section 39-116 of the Santa Ana Municipal Code is hereby
added such that it reads as follows:
Sec. 39-116. Hearing regarding violation.
(a) Any customer receiving notice of a second or subsequent
violation shall have a right to an informal hearing by the
director of public works or his designee, provided that a
written request for hearing is filed within fifteen (15) days from
the date of the notice of violation and the customer deposits
with the city a sum equal to the billed surcharge and pays all
other outstanding water charges.
(b) The customer's timely written request for a hearing shall
automatically stay installation of aflow-restricting device on
the customer's premises until the department renders a
decision.
(c) If it is determined that the surcharge was wrongly assessed,
the city will refund any money deposited to the customer.
(d) The decision of the director of public works or his designee
shall be final.
Ordinance No. NS-XXX
Page 15 of 17
50A-17
Section 19. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
ADOPTED this day of
2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
(name)
City Attorney
AYES:
Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT
Ordinance No. NS-XXX
Page 16 of 17
Councilmembers
50A-18
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on ,and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 17 of 17
50A-19
50A-20
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 6, 2009
TITLE:
PUBLIC HEARING - COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 2009-2010
CITY NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Approve the proposed fiscal year 2009-2010 Community Development
Block Grant Program.
2. Authorize the City Manager to submit the approved program to the
United States Department of Housing and Urban Development (HUD) for
the City's fiscal year 2009-2010 allocation of Community
Development Block Grant funds and execute the grant agreement with
the United States Department of Housing and Urban Development.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with nonprofit
agencies and/or sub-recipients awarded funds as part of the
approved program.
HUMAN RELATIONS COMMISSION ACTION
At its Regular Meeting of February 9, 2009, by a vote of 7:0 (Gonzalez,
Hoa absent), the Human Relations Commission (HRC) directed staff to
transmit the Human Relations Commission's funding recommendations for
fiscal year 2009-2010 Community Development Block Grant Social Services
Programs to the City Council.
DISCUSSION
Since fiscal year 1974-1975, Santa Ana has received Community
Development Block Grant (CDBG) funds to improve low- and moderate-income
neighborhoods, eliminate blight and create a more stable economic base.
75B-1
Public Hearing - Community Development
Block Grant Program Fiscal Year 2009-2010
April 6, 2009
Page 2
These funds have been used for a diverse range of programs including
housing, street improvements, parks and public facilities improvements,
social services, historic preservation and community services. The
City's entitlement for fiscal year 2009-2010 has yet to be determined by
HUD. The funding allows for no more than fifteen percent of this
entitlement to be used for social service programs.
The proposed CDBG program and budget for fiscal year 2009-2010 reflect
the culmination of a process that solicited proposals from outside
organizations and City agencies for the use of the annual entitlement.
Invitations to apply for funds were distributed to 219 organizations in
September 2008. Staff then met with the Human Relations Commission
(HRC) in its capacity as the CDBG Citizen Advisory Board to review the
public service applications and conducted three public hearings held on
January 14, 21, and 29, 2009, in the City Council Chambers. Following the
public hearings, staff met again with the HRC to draft a recommended
social service program and budget for City Council's consideration.
Traditionally, the only organization to apply for funding of fair
housing counseling services has been the Fair Housing Council of Orange
County. This year, as a result of the City's notice of funding
availability, the City received a total of three applications. City
staff evaluated applications and reviewed the organizations' experience,
deliveries and references. Applicants were also invited to be
interviewed by a panel composed of City staff from various departments.
Based on this evaluation process, Fair Housing Council of Orange County
is being recommended to continue providing fair housing counseling. Fair
Housing of Orange County offices are located in an extremely convenient
location in the City of Santa Ana, attracting a high percentage of walk-
in clients. Their local expertise and deep roots in the community are
invaluable. They are accustomed to Santa Ana's housing issues and have a
very progressive outreach program. Staff recommends funding Fair Housing
of Orange County to provide continuity and quality service to Santa Ana
residents.
The proposed fiscal year 2009-2010 CDBG program and budget (Exhibit 1)
consists of the Commission's recommendations for social service funding
and staff's funding recommendations for the remainder of the program,
including capital projects, code enforcement and program administration.
The HRC ranking and funding recommendations for the social service
programs are also provided in Exhibit 2. The City Council public
hearing will provide another opportunity for public input and the
75B-2
Public Hearing - Community Development
Block Grant Program Fiscal Year 2009-2010
April 6, 2009
Page 3
completion of the process necessary to submit our locally approved
program to HUD.
FISCAL IMPACT
Approval of the recommended action will authorize the City Manager to
submit the approved program to HUD and to execute a grant agreement,
which will result in the City's CDBG letter of credit being augmented.
These funds will be available for the approved program effective July 1,
2009.
APPROVED AS TO FUNDS AND ACCOUNTS:
1U~'Cynthia J. Nelson
__DD Deputy Cit Manager for
Development Services
Community Development Agency
Francisco Gutierrez ~,~/
Executive Director "~f
Finance & Management Services Agency
CJN/NTE/kcg
H:\ACTION ITEMS\COUNCIL\2009CC\040609 P.H. CDBGProgramFY 09-10.doc
75B-3
2009-2010 CDRG Rafinn Anrll Rn~+nmmnnd~4i~n~ Qh....a
Tab
Or anization
Service T e
Service Detail 08-09 Grant
Allocation 09-10 Grant
Re uest Human Relations
Recomm'd
1
2 211 Oran a Coun
Achievement Institute Referral
Youth Education Hotline
Mentor/Leadershi $ 5,000
$ 9,000 $ 30,000
$ 17,000 $ 16,500
$ 10,000
3 AIDS Services Foundation S ecial Needs S ecial Needs $ 5,000 $ 25,000 $ 13,000
4 America on Track Youth Education Mentor/Leadershi $ 14,000 $ 16,000 $ 11,000
5 American Lun Association Medical/Dental Medical/Dental Did Not A I $ 47,410 $ 12,000
6 Assistance Lea ue of Santa Ana Su ort Services Su ort Services $ 20,000 $ 33,000 $ 21,000
7 Blind Children's learnin Center S ecial Needs S ecial Needs $ 18,500 $ 27,000
8 Bo s and Girls Club of Santa Ana Recreation cam $ 40,000 $ 47,562 $ 40,000
9 Cambodian Famil ,The Youth Education Academic $ 25,000 $ 45,000 $ 25,500
10 Career Be innin s of O. C. Youth Education Mentor/Leadershi $ 15,000 $ 18,000 $ 11,500
11 Charles W. Bowers Museum Youth Education Academic $ 5,000 $ 10,000
12 Child Guidance Center Counselin Abuse/Ne lect Did Not A I $ 41,379 $ 10,000
13 Cit -Libra Youth Education Academic Did Not A I $ 249,580
14 Ci -Police De t-Helico ter Crime Crime Prevention $ 20,000 $ 250,000
15
16
17 Ci -Police De artment-PAAL
Ci -PRCSA-Pro'ect Pride
Ci -Public Works-Anti-Graffiti Youth Education
Recreation
Crime Academic
cam
Outreach $ 65,000
$ 116,500
$ - $ 85,000
$ 146,559
$ 110,000 $ 48,500
$ 88,500
$ 19,000
18 Colette's Children's Home Shelters Transitional $ - $ 10,000
19 Communi Courts Foundation Medical/Dental Medical/Dental $ 15,000 $ 22,776 $ 16,500
20 Communit SeniorServ-HM Seniors Senior Services $ 24,000 $ 30,000 $ 16,500
21
22 Communi SeniorServ-CM
Communi Services Pro ram Seniors
Shelters Senior Services
Youth $ 24,000
$ 12,500 $ 30,000
$ 15,000 $ 16,500
$ 13,000
23 Con .Dist-Academ of Dance Recreation Arts Did Not A I $ 25,000 $ 13,000
24 Court A oint S ecial Advocates Counselin Abuse/Ne lect Did Not A I $ 10,000
25
26 Delhi Center
East L.A. Classic Theatre Seniors
Youth Education Senior Services
Other $ 5,000
Did Not A I $ 20,000
$ 99,552 $ 10,000
27 EI Centro Cultural De Mexico Recreation Arts $ 40,000 $ 73,000 $ 36,500
28
29 F EI Puente
.A.C.E.S Adult Education
Counselin A Academic
buse/Ne lect $ 20,000
Did Not A I $ 50,000
$ 15,092 $ 23,000
30 G oodwill Industries A dult Education F inancial $ - $ 15,850
31 G rain Pro'ect, The Youth Education Other Did Not A I $ 73,855
32 H o a Communi Services Y outh Education A cademic $ 5,000 $ 27,150
33 H otline of Southern California R eferral H otline $ 5,000 $ 6,000 $ 5,000
34 H
35 I
36 K
37 L uman O lions Y
nterval House R
idsin ers R
atino Youth Leadershi Institute Y outh Education O
eferral H
ecreation A
outh Education M ther
otline $
rts $
entor/Leadershi $ $ 15,000
5,000
13,000 $
5,000 $ $ 20,000
$ 20,000 $
25,000 $
48,400 $ $ 20,000
9,500
15,500
10,000
Exhibit 1
75B-4
2009-2010 CDBG Ratinn Anrl Rnrnmmnn~l~4:....~ c~.....a
38 Le al Aid Socie -Earned Income Tax Credit Adult Education Financial $ - $ 10,000 $ 5,500
39 Le al Aid-Health Consumer Referral Referral $ 6,500 $ 10,700 $ 6,500
40 Mari osa Women and Famil Ctr Counselin Abuse/Ne lect $ 6,000 $ 7,500 $ 6,000
41 Merc House Shelters Transitional $ 10,000 $ 60,000 $ 15,000
42 Nova Academ Youth Education Academic Did Not A I $ 15,000
43 O.C.Bar Foundation-Pro ramma Counselin Crime Prevention $ 20,000 $ 15,000 $ 11,500
44 O. C. Bar Foundation-sto Short Counselin Crime Prevention $ 15,000 $ 20,000 $ 13,000
45 O. C. Children's Thera eutic Arts S ecial Needs S ecial Needs $ 22,500 $ 34,794 $ 28,000
46 O. C. Human Relations-Common Counselin Other $ 5,500 $ 30,792 $ 12,500
47 O. C. Human Relations-Heart Youth Education Other $ 20,000 $ 28,619 $ 18,500
48 O. C. Youth Commission Recreation Sorts $ 25,000 $ 48,868 $ 34,500
49 Parent Institute for Quali Edu Adult Education Academic $ 10,000 $ 100,000 $ 10,000
50 Pathwa s to Adventure Recreation cam $ 30,000 $ 38,500 $ 27,500
51 Phoenix House Oran a Coun Counselin Crime Prevention Did Not A I $ 30,047
52 Public Law Center Referral Referral Did Not A I $ 16,663 $ 8,000
53 Relam a o Del Cielo Recreation Arts $ 12,000 $ 14,000 $ 12,000
54 Saint Jose h's Ballet Recreation Arts $ 42,000 $ 50,000 $ 41,000
55 Santa Ana Athletic Foundation Recreation Sorts $ 18,000 $ 50,000 $ 24,500
56 Santa Ana Historic Preservation Youth Education Other Did Not A I $ 9,100
57 SBC Communi Mission Svcs Recreation Sorts $ 10,000 $ 10,000 $ 10,000
58 Share Our Selves Medical/Dental Medical/Dental $ 10,000 $ 10,000 $ 10,000
59 Small Bus. Financial Dev. Cor Adult Education Financial Did Not A I $ 50,000
60 South Coast Children Socie Su ort Services Su ort Services Did Not A I $ 3,995
61 Southwest Minori Econ. Dev Su ort Services Su ort Services $ 9,000 $ 13,000 $ 10,500
62 Taller San Jose Adult Education Em to ment $ 50,000 $ 67,758 $ 45,000
63 Teen Challen a of SoCal Youth Education Academic $ 10,000 $ 10,000 $ 8,000
64 THINK To ether Youth Education Academic $ 20,000 $ 50,000
65 TKO Youth Foundation Recreation Sorts $ 27,000 $ 30,000 $ 25,500
66 Vietnamese Communi of O.C. Counselin Crime Prevention $ 12,000 $ 67,091 $ 16,000
67 Villa Center, The Shelters Emer enc $ - $ 50,000 $ 10,000
68 Westend Communi Policin Crime Outreach $ 8,500 $ 13,100 $ 9,500
69 Wise Place Shelters Transitional $ 12,500 $ 12,500 $ 12,000
70 Women Hel in Women Adult Education Em to ment $ 6,500 $ 13,000 $ 8,500
71 Women's Transitional Livin Ctr Shelters Emer enc $ 10,000 $ 20,000 $ 15,500
72 Youn Men's Christian Assoc. Su ort Services Su ort Services Did Not A I $ 51,600 $ 14,000
Total $ 2,896,792 $ 1,000,000
Amou nt Available $ 1,000,000
SURPLU S/ DEFICIT $
Exhibit 1
75B-5
TAB
PROPOSED 2009-10 COMMUNITY DEVELOPMENT BLOCK GRANT
NONSOCIAL SERVICE PROGRAM FUNDING REQUESTS
2008-09 2009-10 2009-10
STAFF
APPROPRIATION REQUEST RECOMMENDATION
Administration & Planning
73 City of Santa Ana/CDA-Administration $ 775,000 $
74 Fair Housing Foundation Did Not Apply $
75 Orange County Fair Housing Council $ 69,780 $
76 Southern California Housing Rights Center Did Not Apply $
665,000 $ 665,000
72,400
72,192 $ 72,200
69, 509
Total Administration & Planning $ 844,780 $
Capital Improvements
77 City of Santa Ana/PWA-Neighborhood Street Improvements $ 2,500,000 $
78 City of Santa Ana/PRCSA-Neighborhood Park Improvements $ 444,105 $
79 City of Santa Ana/CDA-Neighborhood Sponsored Improvements $ 50,000 $
80 Latino Center for Prevention and Action in Health and Welfare Did Not Apply $
81 Orange County Children's Therapeutic Arts Center Did Not Apply $
82 Santa Ana Historical Preservation Society Did Not Apply $
Total Capital Improvements $ 2,994,105 $
Code Enforcement
83 City of Santa Ana/PBA & CAO-Code Enforcement $
Total Code Enforcement $
1,699,668 $
879,101 $
737,200
3,000,000 $
250,000 $
50,000 $
101, 000
175, 000
6, 600
3,582,600 $
1,700,000 $
1,700,000 $
Housing Rehabilitation
84 Paint Your Heart Out $ - $ 90,000 $
85 Rebuilding Together O.C. $ 30,000 $ 30,000 $
86 City of Santa Ana/CDA-Multi-Family Rehab Loans $ 200,000 $ 125,000 $
Total Housing Rehabilitation $ 230,000 $ 245,000 $
Total Non-Social Services $ 5,768,553 $ 6,406,701 $
1,699,668 $
2,817,800
250, 000
50, 000
3,117,800
1,700,000
1,700,000
90, 000
30, 000
125,000
245, 000
5,800,000
Total Non-Social Services Recommendation $ 5,800,000
Total Social Services Recommendation $ 1,000,000
ESTIMATED TOTAL 08109 CDBG GRANT $ 6,800,000
Exhibit 1
75B-6
2009-2010 CDBG Rating And Recemmendatinnc Shpa+
Tab
Or anization Service
T e Service
Detail 08-09 Grant
Allocation 09-10 Grant
Re uest Human Relations
Recomm'd Average
Score
71 Women's Transitional Livin Ctr Shelters Emer enc $ 10,000 $ 20,000 $ 15 500 29.00
45 O. C. Children's Thera eutic Arts S ecial Needs S ecial Needs $ 22,500 $ 34,794 $ 28,000 28.33
8 Bo s and Girls Club of Santa Ana Recreation cam $ 40,000 $ 47,562 $ 40,000 27.78
48 O. C. Youth Commission Recreation Sorts $ 25 000 $ 48,868 $ 34,500 27.44
36 Kidsin ers Recreation Arts $ 13,000 $ 25,000 $ 15,500 27.33
6
Assistance Lea ue of Santa Ana Support
Services Support
Services
$ 20,000
$ 33,000
$ 21,000
27.17
20
Communit SeniorServ-HM
Seniors Senior
Services
$ 24,000
$ 30,000
$ 16,500
27.00
34
Human O tions Youth
Education
Other
$ 15,000
$ 20,000
$ 20,000
27.00
3 AIDS Services Foundation S ecial Needs S ecial Needs $ 5,000 $ 25,000 $ 13,000 26.83
61
Southwest Minoru Econ. Dev Support
Services Support
Services
$ 9,000
$ 13,000
$ 10,500
26.83
68 Westend Communit Policin Crime Outreach $ 8,500 $ 13,100 $ 9,500 26.83
69 Wise Place Shelters Transitional $ 12,500 $ 12 500 $ 12,000 26.83
22 Communit Services Pro ram Shelters Youth $ 12,500 $ 15,000 $ 13,000 26.67
21
Communit SeniorServ-CM
Seniors Senior
Services
$ 24,000
$ 30,000
$ 16,500
26.40
16 Cit -PRCSA-Pro'ect Pride Recreation cam $ 116,500 $ 146,559 $ 88 500 26.33
53 Relam a o Del Cielo Recreation Arts $ 12,000 $ 14 000 $ 12 000 26.22
25
Delhi Center
Seniors Senior
Services
$ 5,000
$ 20,000
$ 10,000
26.17
54 Saint Jose h'sBallet Recreation Arts $ 42,000 $ 50,000 $ 41,000 26.11
65 TKO Youth Foundation Recreation Sorts $ 27,000 $ 30,000 $ 25 500 26.11
62
Taller San Jose Adult
Education
Em to ment
$ 50,000
$ 67,758
$ 45,000
26.00
70
Women Hel in Women Adult
Education
Em to ment
$ 6,500
$ 13 000
$ 8,500
25.78
55 Santa Ana Athletic Foundation Recreation Sorts $ 18,000 $ 50,000 $ 24,500 25.67
57 SBC Communit Mission Svcs Recreation Sorts $ 10 000 $ 10,000 $ 10,000 25.67
58 Share Our Selves Medical/Dental Medical/Dental $ 10 000 $ 10,000 $ 10,000 25.67
19 Communit Courts Foundation Medical/Dental Medical/Dental $ 15,000 $ 22,776 $ 16,500 25.40
44
O. C. Bar Foundation-sto Short
Counselin Crime
Prevention
$ 15,000
$ 20,000
$ 13,000
25.22
66
Vietnamese Communi of O.C.
Counselin Crime
Prevention
$ 12 000
$ 67,091
$ 16,000
25.00
40 Mari osa Women and Famil Ctr Counselin Abuse/Ne lect $ 6 000 $ 7,500 $ 6,000 24.33
46 O. C. Human Relations-Common Counselin Other $ 5,500 $ 30,792 $ 12,500 24.29
47
O. C. Human Relations-Heart Youth
Education
Other
$ 20,000
$ 28,619
$ 18,500
24.29
28
EI Puente Adult
Education
Academic
$ 20,000
$ 50,000
$ 23,000
24.22
27 EI Centro Cultural De Mexico Recreation Arts $ 40,000 $ 73,000 $ 36,500 24.14
72
Youn Men's Christian Assoc. Support
Services Support
Services
Did Not A I
$ 51,600
$ 14,000
24.00
43
O.C.Bar Foundation-Pro ramma
Counselin Crime
Prevention
$ 20 000
$ 15,000
$ 11,500
24.00
1 211 Oran a Count Referral Hotline $ 5,000 $ 30,000 $ 16,500 23.75
35 I nterval House Referral Hotline $ 5 000 $ 20 000 $ 9 500 23.67
50 Pathwa s to Adventure Recreation cam $ 30,000 $ 38,500 $ 27,500 23.56
75~=~7
2009-2010 CDBG Rating And Recommendations Sheet
23 Con .Dist-Academ of Dance Recreation Arts Did Not A I $ 25,000 $ 13,000 23.33
15
Cit -Police De artment-PAAL Youth
Education
Academic
$ 65,000
$ 85,000
$ 48,500
23.11
33 Hotline of Southern California Referral Hotline $ 5,000 $ 6,000 $ 5,000 23.11
4
America on Track Youth
Education Mentor/Leader
shi
$ 14,000
$ 16 000
$ 11 000
23.00
5 American Lun Association Medical/Dental Medical/Dental Did Not A I $ 47,410 $ 12,000 23.00
41 Mer House Shelters Transitional $ 10,000 $ 60 000 $ 15,000 22.67
52 Public Law Center Referral Referral Did Not A I $ 16,663 $ 8 000 22.44
17 Cit -Public Works-Anti-Graffiti Crime Outreach $ - $ 110 000 $ 19,000 22.17
10
Career Be innin s of O. C. Youth
Education Mentor/Leader
shi
$ 15,000
$ 18 000
$ 11,500
22.00
38 Legal Aid Society-Earned Income Tax
Credit Adult
Education
Financial
$ -
$ 10 000
$ 5,500
21.86
49
Parent Institute for Qualit Edu Adult
Education
Academic
$ 10,000
$ 100,000
$ 10 000
21.67
63
Teen Challen a of SoCal Youth
Education
Academic
$ 10,000
$ 10,000
$ 8,000
21.56
9
Cambodian Famil The Youth
Education
Academic
$ 25,000
$ 45,000
$ 25,500
21.56
2
Achievement Institute Youth
Education MentoNLeader
shi
$ 9,000
$ 17,000
$ 10,000
21.33
67 Villa Center, The Shelters Emer enc $ - $ 50,000 $ 10,000 21.33
37
Latino Youth Leadershi Institute Youth
Education Mentor/Leader
shi
$ 5,000
$ 48,400
$ 10,000
21.25
39 Le al Aid-Health Consumer Referral Referral $ 6,500 $ 10,700 $ 6,500 21.22
12 Child Guidance Center Counselin Abuse/Ne lect Did Not A 1 $ 41,379 $ 10,000 21.11
24 Court A oint S ecial Advocates Counselin Abuse/Ne lect Did Not A I $ 10 000 21.00
64
THINK To ether Youth
Education
Academic
$ 20,000
$ 50,000
21.00
26
East L.A. Classic Theatre Youth
Education
Other
Did Not A I
$ 99 552
20.22
13
Cit -Libra Youth
Education
Academic
Did Not A I
$ 249,580
20.13
42
Nova Academ Youth
Education
Academic
Did Not A I
$ 15,000
19.67
29 F.A.C.E.S Counselin Abuse/Ne lect Did Not A I $ 15,092 19.33
30
Goodwilllndustries Adult
Education
Financial
$ -
$ 15,850
19.00
14
Cit -Police De t-Helico ter
Crime Crime
Prevention
$ 20,000
$ 250,000
18.83
31
Grain Pro'ect, The Youth
Education
Other
Did Not A I
$ 73,855
18.22
32
Ho a Communi Services Youth
Education
Academic
$ 5 000
$ 27,150
18.22
11
Charles W. Bowers Museum Youth
Education
Academic
$ 5,000
$ 10,000
17.56
18 Colette's Children's Home Shelters Transitional $ $ 10 000 14.40
59
Small Bus. Financial Dev. Cor . Adult
Education
Financial
Did Not A I
$ 50,000
14.22
7 Blind Children's leamin Center S ecial Needs S ecial Needs $ 18 500 $ 27,000 12.50
51
Phoenix House Oran a Count
Counselin Crime
Prevention
Did Not A I
$ 30,047
10.88
56
Santa Ana Historic Preservation Youth
Education
Other
Did Not A I
$ 9,100
10.71
60
South Coast Children Societ Support
Services Support
Services
Did Not A I
$ 3,995
4.20
Total $ 2,896,792 $ 1,000 000
Amount Available $ 1,000,000
SURPLUS/ DEFICIT $ -
7561=8