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HomeMy WebLinkAbout FULL PACKET_2009-08-17ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICPAL CODE TO UPDATE THE CITY'S REGULATION OF GRAFFITI. 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 Council finds and determines that the spread of graffiti on public and private buildings, walls, signs and other structures or places or other surfaces causes blight within the City, resulting in a genuine threat to life, incalculable economic losses to businesses in terms of physical property, profits and goodwill, and the general deterioration of property and business values for adjacent and surrounding properties. B. The Council further finds and determines that the impacts of graffiti are far beyond the cost of cleanup or removal. Not only is graffiti a property crime, but a social crime on the quality of life and freedom from intimidation citizens desire within their neighborhoods. C. The City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement, to prevent the spread of graffiti vandalism, protect public safety, to establish a program for the expeditious removal of graffiti from structures on public and private property, and to permit recoupment of enforcement and abatement costs to the taxpayers of the City. D. The City Council is authorized to enact this Ordinance pursuant to its police powers as specified in Section 200 of the City Charter, as well as various provision of State Law including Sections 1714, et seq. of the California Civil Code and Sections 38772, et seq. of the California Government Code. 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 City Charter. Any such restatement of existing Ordinance No. NS-XXX 11 A-1 Page 1 of 13 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. Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER 2009-107 will be filed for the project. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(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. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Sections 10-177 and 10-178 of Article II of Chapter 10 of the Santa Ana Municipal Code relate to controlling sale and access by minor to pressurized paint cans and other graffiti implements. Article V of Chapter 17 of the Santa Ana Municipal Code relates to abatement of graffiti in the City of Santa Ana. In the interest of comprehensive regulation, the aforementioned sections of the Santa Ana Municipal Code should be consolidated in one Article of the Code. Therefore, Article IV of Chapter 10 of the Santa Ana Municipal Code shalt hereafter be designated as "Graffiti Regulations". Section 4. Section 17-70 of the Santa Ana Municipal Code is hereby re- designated as Section 10-221 and amended such that it reads as follows Sec. 10-221. Definitions. For the purposes of this chapter, the following words and terms shall have the meaning ascribed thereto: (a) Graffiti means any unauthorized inscription, word, figure, mark, adhesive sticker or design that is written, marked, etched, scratched, drawn, painted, labeled, pasted, applied or affixed, on any surface of public or private real or personal property, including, but not limited to, buildings, walls, windows, signs, structures, places or other surfaces regardless of the nature of the material of which the surface is composed. (b) Graffiti implement means any implement capable of marking, scarring, damaging, or defacing any surface to create graffiti, including, but not limited to, aerosol paint containers, felt tip markers, paint sticks or graffiti sticks, etching tools, adhesive stickers, spray Ordinance No. NS-XXX Page 2 of 13 11 A-2 actuators, marking pens, drill bits, grinding stones or any other similar implement. (c) Aerosol paint container means any aerosol container, regardless of the material from which it is made, that is adapted or made for the purpose of spraying paint or other substances capable of defacing property. (d) Felt tip marker means any broad-tipped marker pen with a tip which, at its broadest width, is greater than one-sixteenth (1/16) of an one inch or any other similar implement containing an ink that is not water soluble. (e) Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and that, upon application, leaves a visible mark on the surface at least one-sixteenth (1/16) of an inch in width or is not water soluble. (f) Adhesive Stickers means any sheet of paper, fabric, plastic or other material with an adhesive, paste, or gummed backing, which; when applied or affixed to any surface either creates a permanent contact or is not easily removable without the use of solvents. (g) Property means personal or real property. (h) Etching tool means any sharp or pointed instrument, that is capable of etching or marking glass, plastic, wood, metal, or concrete surfaces, including, but not limited to, picks, scribes, awls, chisels, markers, and etchers, or any masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, etching cream or acid etching solution. (i) Expense of Abatement, Abatement Expenses, Costs of the Abatement, and/or Abatement and related administrative costs include, but are not limited to, court costs, attorneys fees, costs of removal of the graffiti or other inscribed material, costs of repair or replacement of defaced property, and the law enforcement costs incurred by the City and/or any other public agency as authorized pursuant to Government Code Section 38772(d)(1). (j) Graffiti violations of law are those violations referred to in Government Code Section 38772(d)(3) and any violation of this Article. Ordinance No. NS-XXX 11 A-3 Page 3 of 13 (k) Spray actuator (also known as a spray tip, nozzle, or button) means an object or device that is capable of being attached to an aerosol or other paint container for the purpose of spraying the substance contained therein. Section 5. Sections 10-177, 10-178 and 10-178.1 of the Santa Ana Municipal Code are hereby re-designated as Sections 10-222, 10-223 and 10- 223.1,respectively, and amended such that they reads as follows: Sec. 10-222. Sale and Possession (a) Sale of Graffiti Implements to Minors. It shall be unlawful for any person, other than a parent or legal guardian, to sell exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any aerosol paint container, broad-tipped marker, gum/paste/self-adhesive label or sticker, etching cream, spray actuator, or paint stick to anyone under the age of eighteen (18) years without the written consent of the parents or guardian of the minor, and no person under the age of eighteen (18) years shall purchase any pressurized can containing paint or dye. (b) Possession In Designated Public Places. It shall be unlawful for any person to possess any graffiti implement, with the intent to use or apply graffiti, while in or upon any public facility, park, playground, swimming pool, recreational facility or zoo or other public building or structure owned or operated by +r~ the City of Santa Ana, or while in or within fifty (50) feet of an underpass, bridge abutment, storm channel, or similar types of infrastructure unless otherwise authorized by the City. This section shall not apply to authorized employees of the City of Santa Ana or an individual or authorized employee of an individual, agency or company under contract with the City of Santa Ana. (c) Possession by Minors at or Near School Facilities. It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on school property, grounds, facilities, buildings, structures, or in areas immediately adjacent to those specific locations upon public property, or upon private property without written consent of the owner or occupant of such private property. The provisions of this Section shall not apply to the possession of broad-tipped markers by a minor attending or traveling to or from a school at which the minor is enrolled if the minor is participating is a class at the school that formally requires the possession of broad-tipped markers. The burden of proof in any prosecution for violation of the Section shall be upon the minor student to establish the need to possess abroad-tipped marker. Ordinance No. NS-XXX Page 4 of 13 11 A-4 Sec. 10-223. Public access; Signage. (a) Paints and Markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, paint sticks, glass etching solution, or broad-tipped markers shall store these items in an area continuously observable, through direct visual observation or surveillance equipment, by employees of the retail establishment during the regular course of business. In the event that a commercial retail establishment is unable to store the aerosol paint containers, paint sticks, glass etching solution, or broad-tipped markers in an area as provided above, the establishment shall store the containers, sticks, and markers in an area not accessible to the public without employee assistance. (b) Etching Tools. Every person who owns, conducts, operates or manages a retail commercial establishment selling masonry or glass drill bits, carbide drill bit, glass cutters, grinding stones, awls, chisels or carbide scribes, shall store or cause such items to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such items. (c) Customer Signage. Every retail commercial establishment selling graffiti implements shall post a sign in clear public view at or near display of such products stating: "Pursuant to Penal Code Section 594.1, place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 6 months and/or a fine up to $1000". (d) Additional Signage. Every retail commercial establishment selling graffiti implements shall place a sign in the direct view of such persons responsible for accepting customer payment for graffiti implements stating: "Selling spray paint, paint sticks, or broad-tipped markers to persons less than eighteen (18) years of age is against the law and punishable by a fine of $1000". Sec. 2-223.1. Graffiti Prohibited. (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or manmade surface on any public or private-owned property or, without permission of the owner or occupant. (b) Directing, Aiding and Abetting. It shall be unlawful for any person to solicit or command another person to apply graffiti, or for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. Ordinance No. NS-XXX 11 A-5 Page 5 of 13 Section 6. Sections 10-224 through 10-225 are added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Sec. 10-224. Penalties and other Remedies. Any person violating this Ordinance shall be guilty of a misdemeanor as defined in this Code. Sec. 10-224.1 Parental Liability (a) In the case of a minor, the parents or legal guardian shall liable with the minor for payment of all fines. (b) Failure of the parents or legal guardian to make payment will result in the imposition of an abatement assessment against the parents' or legal guardian's property that includes the fine and administrative costs. (c) Upon and application and finding of indigence, the court may decline to order fines against the minor, parents or guardian. Sec. 10-224.2 Restitution In addition to any punishment specified in the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered with the minor to make restitution. Sec. 10-224.3 Forfeiture All personal property, including, but not limited to, automobiles, motorcycles, scooters, bicycles or skateboards, used or intended to be used in violating this Ordinance shall be forfeitable to the City. In forfeiting such personal property, the City shall follow procedures outlined in this Code concerning forfeitures of personal property. In any forfeiture proceeding initiated under this Section, the court shall not order forteiture unless it finds that the forfeiture is commensurate with the severity of the violation to the extent required by the United States Constitution. Ordinance No. NS-XXX Page 6 of 13 11 A-6 Sec. 10-224.4 Community Service In lieu of, as part of, or in addition to the penalties specified in this section, a minor or adult shall be required to perform community service as described by the court based on the following minimum requirements: (a) The minor or adult shall perform not less than forty (40) hours of community service for the first offense, not less than eighty (80) for the second, and not less than one hundred twenty (120) for a third or subsequent offense. (b) At least one parent or guardian of the minor shall be in attendance a minimum of fifty percent (50%) of the assigned community service. (c) The period of community service shall be performed under the supervision of a community service provider approved by the Chief of Police. (d) Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. (e) Any minor determined to be a ward of the court under State Law as a result of committing an offense in the City shall be required, at the City's option, to perform community service, including graffiti removal service of not less than forty (40) hours nor more than eighty (80) hours. Sec. 10-225. Trust Fund. The City Council hereby creates the City of Santa Ana Anti-Graffiti Trust Fund. Penalties assessed against violators of this Ordinance shall be placed in the fund, along with assessments and judgments collected pursuant to this Article, as well as any monetary donations received from individuals or from the business community wishing to contribute to the fund. The Council shall direct the expenditures of monies in the fund. Such expenditures shall be restricted to the payment of the cost of graffiti removal, the payment of rewards pursuant to Section 10-226 of this Article and such other public purposes as may be approved by the Council. Ordinance No. NS-XXX 11 A-7 Page 7 of 13 Section 7. Sections 17-70.1 and 17.70.2 of the Santa Ana Municipal Code are hereby re-designated as Sections 10-226 and 10-227, respectively, and amended to read as follows: Sec. 10-226. Reward provisions. (a) Pursuant to Section 53069.5 of the Government Code, the city may offer a reward for information leading to the apprehension and conviction of any person who places graffiti on any public or private property in such amounts approved by the City Council. In the event of multiple contributors of information, the reward amount shall be divided by the city in a manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction. (b) Claims for rewards under this section shall be filed with the City in a manner specified by City Council. (c) The person convicted of committing the graffiti offense shall be liable for any rewards paid pursuant to this section and, if that person is an unemancipated minor, the custodial parent of said minor shall be liable for any rewards paid pursuant to this section. In the event of damage to public or private property, the offender or the parents or legal guardian of any unemancipated minor must reimburse the City for any reward paid. (d) No law enforcement officer, municipal officer, official or employee of the City shall be eligible for a reward made pursuant to this section. (e) No claim for a reward shall be allowed unless the City investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. Sec. 10-227. Graffiti as a Nuisance; City Abatement. (a) The existence of graffiti within the city limits of Santa Ana constitutes a public and private nuisance and may be abated according to the provisions and procedures contained in this Article. (b) Removal by the Perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the Executive Director of Public Works or other designated City official. Failure of any person to remove graffiti shall constitute an additional violation of this Ordinance. Where graffiti is Ordinance No. NS-XXX Page 8 of 13 11 A-8 applied by an minor, the parents or legal guardian having custody and control of the minor shall also be responsible for such removal. (c) Removal by City. Whenever the City becomes aware of or is notified and determines that graffiti is located on publicly or privately owned property capable of being viewed from any public right-of-way or from a public or quasi-public place, the City is authorized to use public funds to remove the graffiti, by painting, repairing, water blasting, or other graffiti removal technique, to that degree reasonably necessary to restore the defaced area and to avoid an aesthetic disfigurement to the neighborhood or community. (d) Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Ordinance, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified in Section 10-228, below. (e) Recovery of Costs. The City reserves the right to recover City costs and expenses from any person who has willfully damaged property in a manner described in subsection (a), above, pursuant to the provisions of this Article, Penal Code Section 594, Civil Code Sections 731 and 1714.1 and Government Code Sections 38771, et seq. Section 8. Section 10-228 is added to Chapter 10 of the Santa Ana Municipal Code to read as follows: Sec. 10-228. Abatement by Property Owner. (a) Property Owner Responsibility. Any person who is the owner or who has primary responsibility for control of private property or for repair or maintenance of private property in the City must abate graffiti as set forth below. (b) Failure to Remove. If the property owner has not removed the graffiti within ten (10) days after its appearance or has refused consent to the City to enter the property and abate the nuisance, the City may, pursuant to this Section, remove graffiti at the owner's an expense as a public nuisance and to assess the property for such abatement costs in accordance the procedures set forth in Chapter 17, Sections 17-1 through 17-43 of the Santa Ana Municipal Code. Ordinance No. NS-XXX 11 A-9 Page 9 of 13 (c) Exceptions to the Removal Requirement. The removal requirements identified in this section shall not apply if the property owner or responsible party can demonstrate that the property owner or responsible party lacks the financial ability to remove the graffiti; or the property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program. In such case it shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. Section 9. Sections 10-229 through 10-233 are added to Chapter 10 of the Santa Ana Municipal Code to read in full as follows: Sec. 10-229. Minor and Parental Financial Responsibility for Graffiti Violations of Law. (a) Pursuant to Government Code Sections 38772, 38773.2, and 38773.6, the City Council hereby makes the expense of abatement of graffiti violations of law committed by minor a personal obligation of both the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor (who shall be jointly and severally liable with the minor), and an assessment against the property of the minor or an assessment against the property of the parent(s) or legal guardian(s) having custody and control of the minor. (b) Pursuant to Government Code Section 38772(c), the County Probation Officer shall report the names and addresses of parent(s) or legal guardian(s) having custody and control of the minor responsible for a violation of this Chapter to the Clerk of the Council. (c) Pursuant to Government Code Section 38773.7, upon a second or subsequent civil or criminal judgment within atwo-year period, the City may find that the minor causing the graffiti nuisance and the parent(s) or legal guardian(s) having custody and control of the minor is responsible for the graffiti and request the court to impose treble damages. (d) Parental Liability. Pursuant Civil Code Section 1714.1, any parent or legal guardian of a minor shall be personally liable for any and all costs to the City or any person or business incurred in connection with the removal of graffiti caused by conduct of said minor, and for all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement up to twenty-five thousand dollars ($25,000). Ordinance No. NS-XXX Page 10 of 13 11A-10 Sec. 10-230. Defendant Liability for Cost of Graffiti Abatement. (a) Defendant's liability for cost of graffiti abatement. When the disposition of a criminal case or a proceeding pursuant to Welfare and Institutions Code Section 602 determines that the defendant in that case is responsible for creating, causing or committing the graffiti which was abated by the City, that same defendant shall be liable for all costs incurred by the City. These costs shall include, but are not limited to, court costs, attorney's fees, costs of removal of the graffiti or other inscribed material, costs of repair and replacement of defaced property, and the law enforcement costs incurred by the City in the identification and apprehension of the defendant responsible for the graffiti or other inscribed material on publicly or privately owned permanent real or personal property within the City, as prescribed within Government Code Sections 38772-38773.6, and 53069.3. (b) Adult Defendant Presumption. The determination of responsibility shall be presumed by any confession, admission, guilty plea, or plea of nolo contendere to any violation of Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7. (c) Juvenile Offender Presumption. In the case of a minor defendant, responsibility shall be determined upon a conviction by final judgment or by the minor being made a ward of the Juvenile Court pursuant to Welfare and Institutions Code Section 602 by reason of the commission of any act prohibited under Penal Code Sections 594, 594.3, 640.5, 640.6, or 640.7. (d) Adult Civil Actions. The City may bring a civil action in the Superior Court to obtain a money judgment against a defendant for any amount not ordered or collected by the criminal court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement. (e) Juvenile Civil Actions. The City may bring a civil action in the Superior Court to obtain a money judgment against a juvenile offender and/or his or her parent(s) or guardian(s) having custody and control of the juvenile offender for any amount not ordered or collected by the juvenile court, including, but not limited to, all attorney's fees, court costs, and civil penalties incurred in connection with the civil prosecution of any claim for damages or reimbursement. Sec. 10-231. Reserved Ordinance No. NS-XXX 11 A-11 Page 11 of 13 Sec. 10-232. Assessment, Procedures. Pursuant to Government Code Section 38773.6 the City may recover its costs to abate any graffiti through assessment procedures set forth in Sections 17-40 through 17-43 of the Santa Ana Municipal Code. Section 10-233. Remedies Not Exclusive. Remedies provided for the enforcement of this Article are in addition to and do not supersede or limit any and all other remedies provided by law. The remedies provided herein are cumulative and not exclusive. Section 10. 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 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Ordinance No. NS-XXX Page 12 of 13 Councilmembers Councilmembers Councilmembers Councilmembers 2009 Miguel A. Pulido Mayor 11A-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, 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 11 A-13 Page 13 of 13 11A-14 ROH 8/3/09 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 3 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE UNIFORM HEARING AND APPEAL PROCEDURE, AS WELL AS VARIOUS REFERENCES TO THIS APPEAL PROCESS THROUGHOUT THE CODE 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. In order to provide continuous improvement to the City of Santa Ana's uniform hearing and appeal procedure, the following amendments are proposed to increase the efficiency and effectiveness of this process. B. 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. Section 2. Section 3-1 of the Santa Ana Municipal Code is hereby amended to delete any reference to the city council being involved in the appeal process, such that it reads as follows: Sec. 3-1. Scope of this chapter. Except as otherwise provided in this chapter or in other provisions of this Code, the procedures of this chapter shall apply to specified hearings, whether on matters of initial application or on appeal from the decision of city officials, boards or commissions. Section 3. Section 3-2 of the Santa Ana Municipal Code is hereby amended to delete any reference to the city council being involved in the appeal process, such that it reads as follows: Sec. 3-2. Request for hearing. Ordinance No. NS-XXX Page 1 of 9 11 B-1 (1) Initial application. Whenever an applicant is entitled by this Code to apply for initial determination of a matter, he shall submit his application in writing to the clerk of the council. The clerk shall determine that the application is in complete and correct form and may refer it to any appropriate city department for advice and assistance in making such determination. Thereafter, the City Manager or designee shall appoint a hearing officer to consider applications in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the application. The clerk shall notify the applicant by mail at the address provided by the applicant of the date on which the matter will be heard. The hearing officer may but need not be a city employee. The clerk shall assume responsibility for such publication of notice of the hearing as may be required by law. If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code. If any provision of law requires that public notice of the hearing be given, the clerk shall cause such notice to be given so that the hearing may be scheduled within the time required by this section. (2) Appeal from action of city official, board or commission. Whenever an applicant is entitled under this Code or any other provision of law to appeal from an adverse determination in a matter made by a city official, board or commission and desires to so appeal, he shall, within ten (10) days after he has been notified of that determination, submit a notice of appeal to the clerk of the council and a copy thereof to the person or the chairman of the body whose decision is being appealed. The notice of appeal shall be addressed to the clerk of the council and shall specify the subject matter of the appeal, the official or body whose decision is appealed, the date of any original and amended applications or requests, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the action requested and the name and address of the appellant. Thereafter, the City Manager or designee shall appoint a hearing officer to consider appeals in specific types of matters and fix a time and place for a hearing to be held not less than five (5) nor more than sixty (60) days after receipt of the appeal. The clerk shall notify the appellant by mail at the address provided by the appellant of the date on which the matter will be heard. The hearing officer may but need not be a city employee. If a hearing officer is appointed, the hearing shall be conducted in accordance with this Code. Section 4. Section 3-6 of the Santa Ana Municipal Code is hereby amended to delete any reference to the city council being involved in the appeal process, such that it reads as follows: Sec. 3-6. Rules of evidence inapplicable. The hearing officer shall not be bound by the traditional rules of evidence in hearings conducted under this chapter. Ordinance No. NS-XXX Page 2 of 9 11 B-2 Section 5. Section 3-7 of the Santa Ana Municipal Code is hereby amended to make the hearing officer's report the final decision in the matter, such that it reads as follows: Sec. 3-7. Report of the hearing officer. The hearing officer shall within a reasonable time not to exceed thirty (30) days from the date the hearing is closed submit a written report to the clerk of the council. Such report shall contain a brief summary of the evidence considered and state the hearing officer's findings, conclusions and recommendations. The report shall also contain a final decision in the matter. All such reports filed with the clerk shall be matters of public record. A copy of each such report of final decision shall be mailed by certified mail to the applicant/appellant within five (5) days of receipt by the clerk and a further copy shall be sent to the city department, board or commission most directly concerned with the subject of the report. Section 6. Section 3-8 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 3-8 of the Code is hereby repealed. Section 7. Section 3-9 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 3-9 of the Code is hereby repealed. Section 8. Section 3-10 of the Santa Ana Municipal Code is hereby deleted in its entirety: Section 3-10 of the Code is hereby repealed. Section 9. Section 3-12 of the Santa Ana Municipal Code is hereby amended to delete any reference to the city council being involved in the appeal process, such that it reads as follows: Sec. 3-12. Applicability of this chapter to hearings before OTHER bodies. Hearings before boards and commissions other than the hearing officer appointed pursuant to section 3-2 are not required to be conducted in accordance with provisions of this chapter. However, any board or commission may, with respect to any individual application or appeal submitted to it, by simple motion elect to proceed by use of the hearing officer procedure established herein. When such election has been made, the board or commission shall act in the manner prescribed for the hearing officer and the secretary of the board or commission shall act in the manner prescribed for the clerk of the council. Section 10. Section 3-13 is added to Chapter 3 of the Santa Ana Municipal Code to read in full as follows: Sec. 3-13. References to the Chapter 3 appeal process. Ordinance No. NS-XXX Page 3 of 9 11 B-3 All references in this Code, or in any resolution, agreement, regulation, authorization or directive of the city council, the city manager or any board or commission of the city, or any agency or body controlled by the city, or in any document whatsoever, to an appeal to the City Council pursuant to the terms of Chapter 3 shall be deemed references to the current Chapter 3 appeal process as amended. Section 11. Pertinent subsections of section 10-60.7 of the Santa Ana Municipal Code are hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 10-60.7. Appeal of revocation to city council. (a) Any holder of a license aggrieved by the decision of the chief of police or designee to revoke said license may appeal to as provided in Chapter 3 of the Code. Section 12. Section 12-30 of the Santa Ana Municipal Code is hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 12-30. Hearing upon denial of permit, renewal, suspension or revocation. Any person aggrieved by the decision of the chief of police or designee to deny issuance or renewal of a permit or to suspend or revoke a permit may appeal as provided in Chapter 3 of this Code, in which case the action of the chief of police or designee shall be suspended until the city council has made its decision. Section 13. Pertinent subsections of section 12-156 of the Santa Ana Municipal Code are hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 12-156. Application for escort bureau or introductory service permit; contents; renewals; required fees. (g) The chief of police shall have thirty (30) calendar days after the date of the filing of the application in which to investigate the application for the permit or renewal thereof. (h) The chief of police or designee, within fifteen (15) calendar days after completing the investigation, shall grant the permit, or renewal thereof, only if he finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The application conforms in all respects to the provisions of this article; (3) The applicant has not knowingly made a material misrepresentation of fact in the application; (4) The applicant has fully cooperated in the investigation of the application; Ordinance No. NS-XXX Page 4 of 9 11 B-4 (5) The applicant if an individual; or any of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation; or any of the partners, including limited partners, the holder of any lien of any nature or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed escort bureau or introductory service, or a natural person employed or contracted with to be an escort or to provide escort services; has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct; or has permitted, through an act of omission or commission, his or her employee or agent to engage in any type of moral turpitude or sexual misconduct offense, whether misdemeanor or felony (under such circumstances, the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial); (6) The applicant has not had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the City of Santa Ana or any other city or county located in or out of this state within the five- year period immediately preceding the date of the filing of the application; (7) The escort bureau or introductory service, as proposed by the applicant, would comply with all applicable City of Santa Ana, county and state laws, including but not limited to health, zoning, fire and safety requirements and standards; and (8) The applicant, manager or other person principally in charge of the operation of the business is at least eighteen (18) years of age. (i) If the chief of police or designee does not find that all of the requirements set forth in subsections (h)(1) through (8) of this section 12-156 have been met, he shall deny application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the chief of police or designee, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau or introductory service permit, or renewal Ordinance No. NS-XXX Page 5 of 9 11 B-5 thereof, has been denied by the chief of police or designee, may appeal such denial as provided in Chapter 3 of this Code. Section 14. Pertinent subsections of section 12-162 of the Santa Ana Municipal Code are hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 12-162. Escort permit; renewal application. (e) The chief of police shall have thirty (30) calendar days in which to investigate the application and background of the applicant. (f) The city manager, within an additional thirty (30) days after investigating the application shall grant the permit, or renewal thereof, only if he finds that all of the requirements of subsections (h)(1) through (4) of section 12-156 of this article have been met, and, in addition, if he finds that the following additional requirements have been met: (1) The applicant has furnished an acceptable medical certificate in compliance with subsection (c) (1) of this section 12-162; (2) The applicant has not had an escort bureau, introductory service or escort permit or other similar license or permit denied or suspended or revoked for cause by the City of Santa Ana or any other city or county located in or out of this state within the five (5) years immediately preceding the date of the filing of the application; (3) The applicant is at least eighteen (18) years of age; (4) The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d), or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct. (g) If the chief of police or designee does not find that all of the requirements set forth in subsection (f) of this section 12-162 have been met, he shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the chief of police or designee, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied by the chief of police or designee, may appeal such denial as provided in Chapter 3 or this Code. Ordinance No. NS-XXX Page 6 of 9 11 B-6 Section 15. Pertinent subsections of section 22-3 of the Santa Ana Municipal Code are hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 22-3. Massage establishment permit application. (e) The chief of police shall have thirty (30) calendar days in which to investigate the application and background of the applicant. The department of building safety and housing, the fire department and the Orange County Health Department shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the chief of police or designee concerning compliance with the foregoing provisions. The proprietor of such establishment shall pay a health service fee as established by the County of Orange. Such fees shall be paid directly to the county health officer to be retained by the county as reimbursement for such inspection. (f) The chief of police or designee, after receiving the application and aforementioned recommendations, shall grant the permit if he finds: (1) The required fee has been paid. (2) The application conforms in all respects to the provisions of this chapter. (3) The applicant has not knowingly made a material misrepresentation in the application. (4) The applicant has fully cooperated in the investigation of his application. (5) The applicant if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not within five (5) years prior to the application filing date been convicted of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b), or 647(d), or any crime involving dishonesty, fraud, deceit, or moral turpitude, or any felony offense involving the sale of a controlled substance specified in Sections 11054 through 11058 of the California Health and Safety Code. (6) The applicant has not had a massage establishment permit or massage technician permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of application. (7) The massage establishment as proposed by the applicant would comply with all applicable laws including, but not limited to, health, zoning, fire and safety requirements and standards. (8) The applicant is at least eighteen (18) years of age. Ordinance No. NS-XXX Page 7 of 9 11 B-7 (g) Any person, corporation or partnership denied a permit by the chief of police or designee pursuant to these provisions may appeal pursuant to Chapter 3 of the Santa Ana Municipal Code. Section 16. Pertinent subsections of section 35-134 of the Santa Ana Municipal Code are hereby amended to delegate the City Manager's decision to the relevant executive director, such that it reads as follows: Sec. 35-134. Appeal. (a) Any person aggrieved by any decision of the finance director or designee with respect to the amount of such tax, interest and penalties, if any, may appeal within fifteen (15) days pursuant to Chapter 3 of this Code. In the event no appeal is filed within the time prescribed, the decision of the finance director or designee shall become final and conclusive and shall render any subsequent appeal null and void and shall further act as a waiver against future action. Section 17. 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: Ryan O. Hodge Deputy City Attorney Ordinance No. NS-XXX Page 8 of 9 11 B-8 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 9 of 9 11 B-9 11 B-10 (JXS 08/10/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING SECTIONS 2- 603, 2-604 and SECTION 2-607 OF ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICPAL CODE, RELATED TO DISSOLUTION OF THE LIBRARY BOARD OF THE CITY OF SANTA ANA 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materia{s and supplies, training and travel, staff time, and member compensation. C. The management of the City Library has been assumed by the Executive Director of Parks and Recreation and the Library shall become a division of the Parks & Recreation Agency. Therefore, function of the Library Board will be assumed by the Board of Recreation and Parks which is equipped to provide, without substantial diminution, the services provided by the Library Board. D. The following actions will preserve valuable community input and participation in city government while contributing to necessary reductions in city expenditures. 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 3 11C-1 The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission, twenty-five dollars ($25.00) per meeting for each regular member; ten dollars ($10.00) per meeting for each alternate and associate; one (1) meeting per month, three (3) special meetings maximum per year. An alternate serving in place of a regular member due to regular member's absence shall be compensated at the rate of twenty-five dollars ($25.00) per meeting. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 2 of 3 11 C-2 ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 3 of 3 11 C-3 11 C-4 Qxs 08/10/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING SECTION 2-550 THROUGH SECTION 2-554 TO THE SANTA ANA MUNICPAL CODE RELATED TO EARLY PREVENTION AND INTERVENTION COMMISSION 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. The City's commitment to EPIC's core mission of prevention, that is, equipping at-risk youth to lead productive lives and to provide alternatives to gang affiliation, violence and drugs shall continue. The Ad Hoc Committee on Board and Commission Review is recommending the creation of a new smaller Board combining the efforts of the current Human Relations Commission and EPIC which shall be equipped to provide leadership in the area of prevention. D. The following action will preserve valuable community input and participation in city government while contributing to necessary reductions in city expenditures. 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 3 11 C-5 Section 2. Sections 2-550 through 2-554 of the Santa Ana Municipal Code are hereby deleted in their entirety. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Ordinance No. NS-XXX Page 2 of 3 Councilmembers Councilmembers Councilmembers Councilmembers 11 C-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-~;XX 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 3 of 3 11 C-7 11 C-8 (jxs 08/10/09) ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 TO THE SANTA ANA MUNICPAL CODE RELATED TO COMPENSATION FOR BOARDS AND COMMISSIONS 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 City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their cost. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. The Library Board, Human Relations Commission and Early Prevention and Intervention Commission no longer exist as the City has either abolished and/or transferred the responsibilities of these bodies thus rendering compensation for member participation inapplicable. D. The following action wilt contribute to necessary reductions in city expenditures. 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 Section 2. Section 2-325 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-325. Compensation for members of boards, commissions. Ordinance No. NS-XXX Page 1 of 3 11 C-9 The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission, twenty-five dollars ($25.00) per meeting for each regular member; ten dollars ($10.00) per meeting for each alternate and associate; one (1) meeting per month, three (3) special meetings maximum per year. An alternate serving in place of a regular member due to regular member's absence shall be compensated at the rate of twenty-five dollars ($25.00) per meeting. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXX Page 2 of 3 11C-10 ADOPTED this day of , 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, 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 3 of 3 11C-11 11C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 17, 2009 TITLE: AGREEMENT WITH ECONOLITE FOR TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE ~~ ~ ~ ~ ~,: /~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 s~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and attached agreement with Econolite Inc. (Econolite) in the amount n subject to non-substantive changes Attorney. Clerk of the Council to execute the Traffic Engineering and Maintenance, of to exceed $650,000 per fiscal year, approved by the City Manager and City DISCUSSION The City's traffic signal system and street lights maintenance services contract will expire on August 31, 2009. A Request for Proposals (RFP) for maintenance services was issued on July 1, 2009 to three qualified traffic signal maintenance services contractors. Proposals were received from all three contractors. The proposals were reviewed by a four-member committee comprised of Public Works Agency staff. The ratings were based on firms and its subcontractor experience, responsiveness to the requirements, ability to respond and schedule work, facilities maintained by the company, past service record with the City and completeness of the proposal. Once rated, the sealed bids of the contractors were opened. Based on submitted unit fees and prior year extraordinary maintenance work, the City estimated the costs for Fiscal Year 2009/10 for each of the three firms shown in Exhibit 1. Summary of proposal scores, yearly costs for routine maintenance and projected extraordinary maintenance are: Contractor Ave. Score Routine Maint. Traffic Signal Routine Maint. Street Light Extraordinary Maint. Total 1. Econolite 92 $205,789 $16,258 $393,840 $615,887 2. Republic ITS 80 $248,484 $22,500 $479,460 $750,624 3. CSC 62 $259,260 $17,100 $437,418 $713,778 25A-1 Agreement for Traffic Signal and Street Light Maintenance August 17, 2009 Page 2 Based on the scoring and lowest total cost, it is recommended that Econolite be awarded the contract. If approved by the City Council, the contract will be effective September 1, 2009 through August 31, 2032, with a provision for two one-year extensions of the contract by mutual agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Based on the submitted bids, the total estimated annual contract cost is $650,000 that includes $560,000 for traffic signal system maintenance and $90,000 for street lighting maintenance. The funds for Fiscal Year 2009- 10 are available in Public Works Agency accounts for signal maintenance and street lighting (account nos. 29-622-6271, and 11-625-6271. APPROVED AS TO FUNDS AND ACCOUNTS: C 0 Jame G. Ross Francisco Gutierrez Exe tive Director Executive Director Pu is Works Agency Finance & Management Services Agency i 25A-2 SUMMARY OF ESTIMATED MONTHLY AND YEARLY TOTAL COSTS CONTRACTOR Monthl Yearl Routine Extraordin Routine Extraordin Total Econolite Traffic Si 1 $17,149 $26,965 $205,789 $323,580 $529,369 Street Li t $1,355 $5,855 $16,258 $70,260 $86,518 Total $18,504 $32,820 $222,047 $393,840 $615,887 Com uter Services Co. CSC Traffic Si al $21,605 $30,180 $259,260 $362,160 $621,420 Street Li ht $1,425 $6,272 $17,100 $75,258 $92,358 Total S23,030 $36,452 $276,360 $437,418 $713,778 Re ublic ITS Traffic Si al $20,707 $31,770 $248,484 $381,240 $629,724 Street Li ht $1,875 $8,200 $22,500 $98,400 $120,900 Total $22,582 $39,970 $270,984 $479,648 $750,624 Exhibit 1 25A-3 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 17~' day of August, 2009 by and between Econolite Traffic Engineering and Maintenance, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of traffic signal and street light systems. maintenance. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform preventive and extraordinary maintenance on the citywide traffic signal system and street light system, as set forth in City's Request for Proposal dated July, 2009, attached hereto as Exhibit A, and incorporated, in full, by this reference. Said work shall be completed in conformance with Contractor's Proposal, dated July 15, 2009, on file with the Public Works Agency, Traffic Engineering Division. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B. Rate increase for the first additional twelve-month period (September 1, 2010- August 31, 2011) shall be based on the year 2009's consumer price index (CPI) or 5%, whichever is the lowest. Rate increase for the second additional twelve-month period (September 1, 2011- August 31, 2012) shall be based on the year 2010's consumer price index (CPI) or 5%, whichever is the lowest. The total sum to be budgeted under this Agreement shall not exceed $650,000.00, annually, during the term of this Agreement. b. 1. Invoices for Traffic Si ng al S stem Contractor shall prepare separate invoices for routine maintenance and extraordinary maintenance. For extraordinary maintenance billings: i. The Contractor shall prepare a general invoice to include all extraordinary billings that is less than $500 per intersection. ii. The Contractor shall prepare a separate invoice for each location when extraordinary 1 2 5A-4 billing is in excess of $500 per intersection. iii. The Contractor shall prepare a separate invoice for intersections that are shared with other jurisdiction listed in Exhibit A, Appendix B, or as requested by the Traffic Engineer. Invoices for Street Light S sy tem i. For routine maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to address, dates worked, work performed and materials used as itemized in Exhibit A, Division III, Section 5, "Street Light Routine Maintenance". ii. For extraordinary maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to, the purpose for the work, Date of repairs, addresses of repairs, a description of the repairs and a full itemized accounting of all material, equipment and labor costs. Each invoice shall be for one (1) days work, each day's work shall be on one (1) invoice. c. Payment by City shall be made within thirty (30) days following receipt of such invoice evidencing work performed, subject to normal City accounting procedures. 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. However, payment shall not be made to the Contractor until the required reports and As-Builts have been properly submitted for work completed. 3. TERM This Agreement shall commence on September 1, 2009 and will terminate August 31, 2012, unless terminated earlier in accordance with Section 13, below. Funding for the initial one-year period has been approved by the City Council. If the City Council fails to approve continued funding for this Agreement over the subsequent one-year periods from September 1 through August 31, said Agreement will automatically terminate on the expiration of the then current term. The term of this Agreement may be extended for up to two additional one-year periods, with the mutual consent of the parties. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are. the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and 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 2 25A-5 occurrence arising out of Contractor'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 $1,000,000 per occurrence. Contractor's comprehensive general liability insurance policy shall contain language substantially similar to the following clauses: (1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as 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 insured. (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. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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. 3 25A-6 f. Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with City prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by City to compensate Contractor under this agreement. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability 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 direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either. party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 4 25A-7 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 with courtesy copies to: For traffic signal system maintenance: For street light maintenance: Traffic Signal and ATMS Maintenance Street Light Maintenance City of Santa Ana City of Santa Ana 20 Civic Center Plaza, M-43 20 Civic Center Plaza, M-21 Santa Ana, CA 92701 Santa Ana, CA 92701 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6515 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806-2856 telefacsimile (714) 666-1123 Attn: Rodney Mathis 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 telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 5 25A-8 11. ASSIGNMENT Contractor shall not assign or transfer any interest in this agreement, whether by assignment or novation, without prior written consent of City; provided, however, that claims for money due or to become due to Contractor from City under this agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to City. 12. REDUCTION IN SCOPE OF WORK The City reserves the right to reduce the scope of work for this contract at any time. In the event that the City determines to reduce the scope of work, there shall be no adjustment of unit prices for the remaining scope of work. The City also reserves the right to conduct any extraordinary maintenance of traffic signal, ATMS, and street light facilities without using the services of the Contractor, if it is in the City's best interest to complete the work. 13. TERMINATION In the event that any of the provisions of this contract are violated by the Contractor, the City may terminate the contract by serving written notice upon the Contractor of its intention to terminate such contract and, unless within ten (10) days after the serving of such notice, such violation shall cease, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination for the reason mentioned above, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor, and the Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination. This clause shall not be construed to prevent the termination, for other causes, authorized by law or other provisions of this contract 14. DISCRIMINATION Contractor 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. Contractor 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 has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, including a California Class C10 Contractor's License, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the 6 25A-9 United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 1 7. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its employees in connection with the performance of this work. 18. PERFORMANCE PROVISIONS If the Contractor should neglect to prosecute the work properly or fail to perform any provisions of this contract, the City shall provide written notice to the Contractor of such inadequacy. Three (3) days after delivery of such Notice to Contractor, if Contractor has failed to correct the inadequacy, the City may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Executive Director of the Public Works Agency of the City shall approve such action and certify the amount thereof to be charged to the Contractor. 19. RESOLUTION OF CONSTRUCTION CLAIMS Contractors claims of $375,000 or less shall be resolved in accordance with the provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code. 20. 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// /// /// /// 7 25A-10 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 ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. RODNEY MATHIS President Tax ID# 8 25A-11 EXHIBIT A I. PURPOSE The purpose of this Request for Proposal (RFP) is to obtain a prime contractor to enter into a contract with the City to perform preventive and extraordinary maintenance on the citywide traffic signal system and street light system. II. TRAFFIC SIGNAL SYSTEM MAINTENANCE a. Scope of Work The Contractor shall furnish all tools, equipment, apparatus, facilities, labors, services, training and materials to perform all work necessary to maintain all traffic signal facilities in a good and worker-like manner according to the proposal submitted and in accordance with these specifications. The traffic signal system maintenance portion of this contract does not cover safety light maintenance, except damage to the combination of traffic signal and safety light pole due to malicious mischief, traffic collision or nature causes. Maintenance of the traffic signal control system located at the City's Traffic Management Center will be done as part of extraordinary maintenance only. b. Service Personnel The Contractor shall provide qualified service personnel to maintain and to service all traffic signal equipments utilized by the City. Personnel shall have at least two years of experience maintaining and troubleshooting traffic signal equipment. Detailed knowledge of Type NEMA (G, M, P) and Type 170 (332, 334) Cabinets is required. The city utilizes a combination of Multisonics 820A, 870 controllers and 2070 controllers with Econolite's Firmware (ASC2 & ASC3). Personnel must be knowledgeable in the use of these controllers. All Lead Maintenance Personnel is required to have an IMSA Traffic Signal Level 2 Certification. In addition, all service personnel shall possess an NEC certification. The City reserves the right to refuse the use of any personnel whom in the City's sole opinion are not qualified to work on these systems. An agreed upon personnel list shall be maintained and only those listed are allowed to work in the city. Any changes needs to be authorized by the City. c. List of Signalized Intersections See Appendix "B" for the list of traffic signals, CCTV, flashing beacons, and flashing crosswalks. d. Additions to S sy tem The Contractor shall maintain additional traffic signals and appurtenant devices as they are installed and notified by the City to be included in the maintenance 25A-12 contract. Cost of the routine maintenance of the new addition will be per contract unit price and will be effective the 1St day of the following month unless stated otherwise in the notification. e. Routine Maintenance The routine maintenance shall be performed on a periodically basis based on type of equipment. (a) Traffic Signal: (i) Maintenance period: The Contractor shall perform a complete inspection and service of each signalized intersection once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness. (ii) Maintenance Tasks: • Cabinets: The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti o Ventilation system: The Contractor shall ensure that the cabinet's ventilation system is in working order. Ensure that the Thermostat and Fan operates properly. The air filter shall be replaced and dated every 90 days (regardless of condition). o Controller and Timing: The Contractor shall check controller timing against the timing sheet and notify the City on any deviation. No timing parameters shall be changed without explicit approval from the City. o Vehicle Detection System: The Contractor shall ensure that the vehicle detection system is fully functional. Maintenance Personnel must be well versed in the use of the different types used by the City. The City utilizes the following types of Detection: Loop Detection -Detectors needs to be checked that it is properly detecting vehicles and able to apply calls to the controller. The Contractor shall adjust the sensitivity levels to tune out any stuck detectors or replace defective vehicle detector amplifiers as necessary. The Contractor shall meter loops individually when troubleshooting loop problems. The City shall be notified of all defective loops. 10 25A-13 ^ Video Detection -The system needs to be inspected to ensure normal operation. All detection zones needs to be checked for proper detection and the system needs to be verified that it is capable of applying calls to the controller. Wireless Detection -The City utilizes Sensys Network's Wireless Detection System. The system consists of Sensors, Repeater, Access Point, and Contact Closure Cards. Ensure that the system is fully functional. o Conflict Monitor Certification (yearly task): Once a year, the Contractor shall perform Certification Testing on Conflict Monitors used by the City. The Tester used must be capable of testing Conflict Monitors as defined by NEMA TS1, NEMA TS2, FHWA/CalTrans System 170, and ODOT/TXDOT 2070. The Contractor shall submit the make and model of the Proposed Tester to be used for review by the City. A determination will be made by the City as to whether the Tester is acceptable. o Battery Backup System (If applicable): Some intersections are equipped with battery backup system. For these locations, the Contractor shall test and verify that the system is charged and in working order. o Ancillary Equipment: The Contractor shall check all ancillary equipment (load switches, power supply, flashers, Emergency Vehicle Pre-emption, etc.) in the cabinet for proper operation. • Field Equipment: o The Contractor shall check all pedestrian push buttons for proper operation. o The Contractor shall check all vehicle and pedestrian signal heads for proper operation. o The Contractor shall check all poles and standards for damages. o Contractor shall clean Video Detection camera lens once a year o Contractor shall check and notify the City of any missing or damaged Internally Illuminated Street Name Signs (IISNS), Reflectorized Street Name Signs (RSNS) or traffic signs mounted on the traffic signal poles. o Maintenance of safety lights at traffic signal are done as part of Street Lighting System Maintenance only. 11 25A-14 • Maintenance Record: The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist of: o Routine Maintenance o Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. (b) Closed Circuit Television (CCTV): (i) Maintenance period: The Contractor shall perform a complete inspection and service of each CCTV once every three (3) months for proper operation and cleanliness. (ii) Maintenance Tasks: • Cabinets (if applicable): Some CCTV locations have dedicated type 332 cabinet. For these locations, the Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachment such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti o Ventilation system: The contractor shall ensure that the cabinet's ventilation system is in working order. Ensure that the Thermostat and Fan operates properly. The air filter shall be replaced and dated every 90 days (regardless of condition). o Battery Backup System (if applicable): The Contractor shall ensure that the battery backup system is charged and in working order. • Field Equipment 1. The Contractor shall check all poles and standards for damages. 2. The contractor shall clean the camera's housing lens or dome as appropriate. (iii) Maintenance Record: The Contractor shall maintain a record log in each location (with or without dedicated cabinet) showing the date and time of any service. It shall consist of: a. Routine Maintenance b. Extraordinary Maintenance 12 25A-15 All records shall be legibly written or printed. These record logs shall become property of the City. (c) Pre-timed Overhead Flashing Beacons: (i) Maintenance period: The Contractor shall perform a complete inspection and service of each Flashing Beacon once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness (ii) Tasks: • Cabinets: The cabinets for solar powered flashing beacons are small NEMA cabinet pole mounted at approximately 9'. The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti The air filter shall be replaced and dated every 90 days (regardless of condition). • Battery System: Contractor shall check system operating voltage and battery life. Notify the City if battery needs replacement. • Field Equipment The Contractor shall check all beacons, poles, and standards. Contractor shall check and notify the City of any missing or damaged traffic signs mounted on the traffic signal poles. Clean the solar panels in accordance to the manufacturer's recommendation. This is required to be done once every 6 months. • Maintenance Record The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist of: a. Routine Maintenance b. Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. 13 25A-16 (d) Activated In-Road Warning Lights (IRWL or Flashing Crosswalk) and Activated Flashing Beacon: (i) Maintenance period: The Contractor shall perform a complete inspection and service once a month, not less than 25 days or more than 35 days apart, for safety, operation and cleanliness (ii) Tasks: • Cabinets: The cabinets for solar powered flashing beacons are small NEMA cabinet pole mounted at 9'. The Contractor shall clean the cabinets thoroughly on the inside, including all components. The Contractor shall remove all unauthorized external attachments such as notices, posters, signs, etc. and notify the City of any graffiti that is on the signal equipment. It is not the Contractor's responsibility to remove the graffiti The air filter shall be replaced and dated every 90 days (regardless of condition). o Detection System: The Contractor shall ensure that the pedestrian detection system is fully functional. Maintenance Personnel must be well versed in the use of the different types used by the City. The City utilizes the following types of pedestrian detection: ^ Push Button Detection Video Detection -The system needs to be inspected to ensure normal operation. All detection zones needs to be checked for proper detection and the systems needs to be verified that it is capable of applying calls to the controller. In-Ground Pedestrian Detection (Pressure Pad) -The City utilizes US Traffic Corp. X-FLO in-ground pedestrian detection pad. • Battery System: Contractor shall check system operating voltage and battery life. Notify the City if battery needs replacement. • Field Equipment The Contractor shall check all beacons, poles, and standards. The contractor shall check and ensure that push buttons, pressure pads or video detection equipments are in working order. 14 25A-17 Contractor shall check and notify the City of any missing or damaged traffic signs mounted on the traffic signal poles. Clean the solar panels in accordance to the manufacturer's recommendation. This is required to be done .once every 6 months. Contractor shall clean Video Detection camera lens once a year • Maintenance Record The Contractor shall maintain a record log in each controller cabinet showing the date and time of any service. It shall consist o£ a. Routine Maintenance b. Extraordinary Maintenance All records shall be legibly written or printed. These record logs shall become property of the City. f. Extraordinary Maintenance Extraordinary maintenance includes work tasks to install new, replace or repair defective or obsolete equipment and perform modification work not directly covered by routine maintenance. Work shall be performed with prior City approval unless emergency or public safety conditions require immediate response. g. Emer~ency Service The Contractor shall provide emergency service to the City twenty-four hours a day, seven days a week upon City's request. Unless stated by the City at the time of request, the contractor will need to ascertain whether request is of an emergency nature requiring immediate response. Failure or malfunction of the traffic signal or interruption of normal operation as to create confusion or public hazard is considered emergency nature. (a) The contractor shall provide qualified personnel at the location within 30 minutes of receiving emergency request. (b) The Contractor shall immediately troubleshoot and restore the traffic signal to normal operations. If that is not possible due to the extent of the damage, sufficient temporary repairs shall be made to enable the intersection to operate safely. In no event shall the traffic signal be left overnight in dark mode (black out). (c) For intersections with power outages, The Contractor shall use the following procedure: (i) Setup temporary stop signs at all approach upon arrival at the site. 15 25A-18 (ii) Turn off the traffic signal controller and place cabinet control to flashing operation. (iii) Once the power is restored, remove all stop signs and return the traffic signal to normal operation. h. Compensation For Routine And Extraordinary Maintenance (a) Routine Maintenance: Compensation for routine maintenance of traffic signal system shall be per contracted unit price. Said compensation shall include all labor, material, equipment and overhead/profits. (b) Extraordinary Maintenance: Compensation for extraordinary maintenance of traffic signal system shall be per contracted unit price. Said compensation shall include all labor, material, equipment and overhead/profits. For work not listed in the bid list, compensation shall be based on agreed lump sum price or time and material basis. (i) Materials: The City shall pay the Contractor for materials used in extraordinary maintenance, the Contractor's cost from the supplier plus the percentage specified in the Contractor's bid proposal. All materials and parts shall be new or have the approval of the Traffic Engineer. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance (ii) Direct Labor: The Contractor shall present with his monthly invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the Contractor for such hours of extraordinary maintenance at the rates specified on the Contractor's bid proposal. Said hourly rates shall be the total cost to City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, work for health and welfare, insurance, worker's compensation, pension, vacation, sick leave or any local, state, federal, or union tax or assessment. (iii)Eguipment: City shall pay the Contractor for equipment used in extraordinary maintenance on a job-trip basis rate as specified in the Contractor's bid proposal. The Contractor's job-trip equipment rates shall constitute the rates to be paid by the City when the specified equipment is used for the extraordinary maintenance. As used herein, job-trip shall mean the furnishing of the required equipment at the site of extraordinary maintenance work for the duration of the work. No additional compensation shall be paid for transporting equipment to or from the job site i. Meeting 16 25A-19 The City may call for meetings to be held with the Contractor, including personnel routinely assigned to work in Santa Ana, on an as needed basis without incurring additional cost to the City III. STREET LIGHT SYSTEM MAINTENANCE a. Scope Of Work Contractor shall furnish all tools, equipment, apparatus, facilities, labor, services and materials, and perform all work necessary to maintain street lighting facilities in a good and professional manner in accordance with the specifications contained herein. All said labor, services, materials, and equipment shall be furnished and said work performed and completed by the Contractor as an independent contractor, subiect to the inspection and approval of the City's Executive Director of Public Works Agency, or inspectors or their representatives b. Service Personnel The Contractor shall provide qualified service personnel to maintain and to service all series street lights and equipment described in Section 3. Work on the City's series street lighting circuits shall be supervised and performed by a lead street light technician with a minimum of five (5) years experience as a high voltage technician. The technician shall troubleshoot, diagnose and perform all electrical connections. The Contractor shall include series street lighting maintenance personnel's qualifications in the bid. During the term of the contract the City will notify the Contractor, in the City's sole opinion, if personnel proposed for any series high voltage maintenance are not qualified to work on these systems. Within thirty (30) days after the City makes the determination the Contractor shall hire qualified Sub-Contractor(s) specialized in series high voltage equipment troubleshooting and repair to handle both routine and extraordinary maintenance without any additional compensation from the City. c. List of Street Li~htin~ Systems For the purpose of this maintenance contract, the City of Santa Ana series street light inventory is as follows: Number of Lamps Description 369 2500 Lumen Incandescent 6 6000 Lumen Incandescent See Appendix "C" for Street Light Map d. Modifications to Svstem Contractor shall maintain additional or fewer street lights and appurtenant devices as they are installed or become a part of the maintenance requirements of the City, at the bid unit price. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified 17 25A-20 e. Routine Maintenance (a) Monthly Inspection and Reporting (i) Contractor shall perform a monthly drive by inspection by the end of the first week of the month and do necessary repairs of all series street lights within 24 hours of the night drive. A map report to the Enterprise Management Section on the results of the inspection shall be submitted the following day. The inspection shall be conducted during night time hours. (ii) Contractor shall clean the cabinet and test all disconnect and by-pass switches for series lighting once every month and provide a report to the Enterprise Management Section on the results of the inspection. Contractor shall maintain a record log at each disconnect and bypass switch cabinet showing initials of service technician, date and time of service. (iii)Contractor shall perform a monthly drive by inspection of all City-owned multiple street lights and safety lights by the end of the first week of the month and provide a map report to the Enterprise Management Section on the results of the inspection the following day. The inspection shall be conducted during night time hours. (iv)Contractor shall submit monthly reports, in a format approved by Enterprise Management, and shall be submitted on a CD disk (in addition to hard copy). Format to be MS Windows Excel spreadsheet. Reports shall include dates of repairs and address of the repairs, types of repair made, and all materials and equipment used. Monthly reports shall be submitted by the 15t" day of the following month. Separate reports shall be provided for extraordinary maintenance. (b) Repair and Replacement Requests Contractor shall replace any and all burned out lamps and cut out disks within 24 hours of the request by the City (c) Lamp Replacement Contractor shall replace all lamps and cut out disks in all series street lights once per year. Within thirty (30) days of the award, the Contractor shall provide the City with a lamp replacement schedule. At least 25% of all lamps shall be relamped per quarter during the course of this contract. Contractor shall use only the following lamp types; 25001umen type 250066G; 6000 lumen type 6M66G. Contractor shall provide the City with a monthly report and map showing the number of lamps that have been replaced, the type of lamp, and the address for each lamp. The City has the right to inspect the Contractors records to verify any material costs used in lamp replacement Contractor shall have the option of replacing all lamps at the same time in a group re-Tamping each year. (d) Globe Replacement Contractor shall clean all globes at the time the lamps are replaced. At this time, all broken or deteriorated parts shall be replaced, by the contractor, or 18 25A-21 changed as necessary. Contractor shall use only the Santa Ana Acorn globe manufactured by J & J Roto-Plastics, 2308 S. Anne Street, Santa Ana, California 92704, phone (714) 557-1171, or approved equal. Submit to the City for approval (e) Emer ency Services Twenty-four hours per day, seven days per week, emergency service shall be provided by Contractor upon City's call with a response time of less than two hours under normal circumstances, to make immediate or temporary repairs to City owned series and multiple street light pole or service knock downs or damage caused by vehicle collision, acts of God, vandals, or as required because of a public safety hazard. The Contractor shall respond to emergency calls when directed by the City and dispatch high voltage technician and equipment. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Contractor shall maintain and make available to the City, a local telephone number where Contractor can be contacted twenty-four hours per day. f. Extraordinary Maintenance (a) The failure or malfunction of street lights may be considered extraordinary maintenance. (b) Any upgrading, repair work, or any installation solicited by the City, shall be considered as extraordinary. Any extraordinary maintenance requests from the City shall be confirmed by the Contractor as to the time of and number of personnel dispatched. The Contractor shall contact the Enterprise Management Section regarding any extraordinary maintenance work found to be beyond requested repairs and seek prior approval before the work is scheduled. Contractor shall notify Public Works Agency (PWA) Dispatch Office at 647-3380 each day prior to crews being dispatched by Contractor (i) No underground work shall be performed prior to completion of Underground Service Alert (USA) markings. (ii) An electrical permit shall be obtained from the City's Planning & Building Department prior to any additions to the City's street light or other electrical system. (iii)All extraordinary work completed by Contractor shall be invoiced time and material as specified on Contractor's bid proposal (c) Contractor shall respond to requests by City for extraordinary work within 24 hours of the request. Work shall start in a timely manner. Contractor shall dispatch personnel, materials and equipment on a daily basis until work is completed unless conditions do not allow work to be performed. (d) City shall pay for such extra ordinary repairs required as follows: (i) Materials. The City shall pay to the Contractor for any materials used in extraordinary maintenance at Contractor's cost from the supplier 19 25A-22 plus the percentage specified in the Contractor's bid proposal. All materials and parts shall be new or have the approval of the Enterprise Management Section if otherwise. The City has the right to inspect the Contractor's records to verify any material costs used in extraordinary maintenance. The City may provide replacement poles and fixtures. (ii) Direct Labor: Contractor shall furnish a monthly report of hours spent in extraordinary maintenance of street light and appurtenances per address. City shall pay the Contractor for such hours of extraordinary maintenance performed at the job site address at the rates specified on the Contractor's bid proposal. Crews shall be dispatched so as to maximize work performed. Said hourly rates shall be the total cost to the City. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of worker for health and welfare, insurance, worker's compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. (iii)Eguipment. City shall pay Contractor for equipment used in extraordinary maintenance on a per day basis rate as specified in the Contractor's bid proposal. Equipment shall be dispatched so as to maximize work performed • The Contractor's listing of per day equipment rates shall constitute total rates to be paid by City when specified equipment is used. • As used herein per day shall mean the furnishing at the site of extraordinary maintenance work the equipment specified. The per day rate shall be independent of the length of time the equipment is in the City. • No additional compensation shall be paid for transporting the equipment to or from the job site (e) The Contractor shall submit weekly reports, when repairs are in progress, in a format approved by Enterprise Management, and shall be submitted on a 3.5" disk (in addition to hard copy). Format to be MS Windows Excel spreadsheet. Weekly reports shall include arrival and departure times, dates and addresses of the repairs, service personnel dispatched, types of repairs made, and all materials and equipment used for each day worked. Weekly reports shall be submitted by Monday the following week. (f) The Contractor shall provide to the Enterprise Management Section As-Built Mans of all work performed on a form approved by the City. As Builts shall indicate the address and description of all repairs made including installation of pull boxes, splices and connections, etc. As Builts shall be submitted following each day's work performed. IV. SUMMARY REPORTS Contractor shall furnish the following reports but not limited to: 20 25A-23 A. Traffic Signal System Routine and Extraordinary Maintenance Monthly Report This report shall state the location in alphabetic order (north-south street first and then east- west street), date of the work (including the day of the week) performed in chronological order, arrival and departure time, and detailed description of work performed. B. Street Light System Monthly Reports Monthly reports shall include the following reports: a. Monthly re-lamp report with maps b. Monthly map report of night drives of series lighting c. Monthly map report of night drives of multiple and safety lights d. Monthly routine maintenance report of repairs with As-built maps for series street lighting. e. Monthly extraordinary maintenance report of repairs with As-built maps for series street lighting. C. Semi-annual Report of Series Street Li hting and Safety Li hting a. Twice a year provide a report indicating total number of series street lights by address, highlighting any changes or additions to the system. b. Twice a year provide a report indicating total number, and lamp size of safety lights by intersection and corner, and street, highlighting any changes or additions to the system. Show service point location on street and address. V. STANDARD SPECIFICATIONS All work on traffic signal system and safety lights on traffic signal shall conform to the City's current standard plans and specifications. See Appendix D for the current standard specifications for Signing, Striping and Traffic Signal 21 25A-24 EXHIBIT B FEE PROPOSAL AND CONTRACT AGREEMENT 22 25A-25 Addendum No. 1 July 9, 2009 FEE PROPOSAL AND CONTRACT AGREEMENT Fee Proposal The undersigned declares that helshe has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to fiErnish all material and do a!I the work required to complete the said work in accordance with said plans (if any}, specifications and special provisions, for the unit price(s) or lump sums} set forth in the following schedule: I. Routine Maintenance A. Monthly Service Item # Bid Item Unit uanti Unit Price Sub-Total monthl. monthl I. Traffic Signal EA 284 $ rrJ~ tq 3 $~ ~2i~y_, (2- 2 Pre-timed Flashing $ 3~ Beacon EA 5 $ t ~ ~ 3 Activated Flashing $ ~ ~ $ ~~ ~ Crosswalk/Beacons EA 7 4. 2500 Lumen Lamp EA 369 $ 3 ,~~ $ l3~ ~~ S 5. 6000 Lumen Lamp EA 6 $~ ~D $ a~t.}~ B. Quarterly Service Item # Bid Item 6. Closed Circuit Television System C. Alternate Routine Item # Bid Item la. Traffic Signal 2a Pre-timed Flashing Beacon 3a. Activated Flashing Crosswalk/Beacons Unit uanti Unit Price uarterl EA S2 $~, Maintenance - Bi-Monthly Unit uantit EA 284 EA 5 EA 7 Service Unit Price (Bi-monthly) $ ~~ $ 3'[ $ ~~ Sub-Total uarterl $ 3380 Sub-Total Bi-monthly) $ 1S5 $ t ASS' Page 1 of 16 25A-26 - sr/ = ~"ransP~x~ 1~ o~ sysfiQ acs Ele ct~r~c tca-'1 i5f = Traci,-~a-h ~,~ sy ~~. rhS Te.~h ri ~ct~ln Addendum No. I July 9, 2009 II. Extraordinary Maintenance A. Material: Contractor's cost far the supply plus (+) IS %. B. Labor: Contractor's rates (including all fringe benefits, markup, over heads, etc.) for all job classifications involved in extraordinary maintenance. Item # Title Straight Time Overtime a~GUbl~ 7. Superintendent ~~ $ (~ /hr. $ I 1 I /hr. ~ 1'-1Ct 8. Engineering Technician TSE $~_/hr. $ 11 ~ /hr. ``~ i`~~ 9. Laboratory Technician '~'~ $ ~ Q /hr. $ ~ (~ /hr. ~ ~ `~~ 10. Maintenance Technician -Lead TSC-, $ ~ ~ /hr. $ (l l /hr. ~ ~ ~ G 11. Maintenance Technician ~ j $ ~ R /hr. $ ~ L-{ Jhr. ~ ~ 3~ 12. Utility Technician -Lead TSE~ $ ~~ /hr. $ i I t /hr. ~ ~~'~ 13. Utility Technician TST $~/hr. $ ~ ~ /hr. $131-{- 14. Lead High Voltage St. Light Tech. TSC $ ~9 /hr. $ 1 (~ /hr. ~ 11-} cf 15. Street Light Technician TAT $~/hr. $~_/hr. ~j 3~-f I b. Service Laborer - l.(7~1~C}~ r' $~P (_p /hr. $ gq /hr. ~ ~2q C. Labor and Material: Item # Bid Item Unit Unit Price 17. Install 6' diameter circular loop (1 - ~ loops) EA $ 3QQ , Q(~ 18. Install 6' diameter circular loop (6 -10 loops) EA $_ g , l4. Install 6' diameter circular loop (1 I - 20 loops) EA $~© 20. Install 6' diameter circular loop (over 20 loops) EA $ r~(pa. 21. Install City furnished NEMA Conflict Monitor EA $~~O , ~ 22. Install City furnished P44 Cabinet EA $ ~ ~/~~ + QQ 23. Install City furnished type 332 Cabinet EA $ 1200 , pD 24. Adjust PPB Assembly height EA $ Zn~J f ~ D 25. Install/Replace complete PPB Assembly EA $ ~~ ~ Page 2 of 16 25A-27 Addendum No. 1 July 9, 2009 26. Replace PPB with ADA PPB EA $ ~D~ ~ ~~ 27. Replace Ped Head & Countdown Module EA $ ~~ ' QQ 28. Replace Ped Module w/Countdown Module EA $~{5 " ~ 29. Install/Replace IISNS w/ Reflectorized Street Name EA $ (D~(3 . (~{~ Sign 30. Conduct Signal Cabinet Operational Test EA $~ 31. Conduct Night Survey upon request EA $ 4 • Ck7 32. Paint Traffic Signal Cabinet EA $ 33d •Cx~ 33. Paint Vehicle Head EA $ (a l • OCR 34. Paint Pedestrian Head EA $ ~ O ~ Op 35. .Paint single-globe theme street light pole EA $ a.~o . ~ 36. Paint double-globe theme street light pole EA $ ~."1t}. 37. Paint 30 ft. steel street light pole EA $ 3(oc7. OQ III. Equipment Item # Type of Equipment Cost 38. Pick-up Truck $ ~__/job trip 39. Service Truck $ ~~ /job trip 40. Service Ladder/Truck $ N ~ A /job trip 41. Boom Ladder/Truck $ ~ J' /job trip 42. 50' Height Boom Truck $ ~ ~ /job trip 43. Crane Truck $-3~_/job trip 44. Water Truck $ N' ~ /job trip 45. Dump Truck $ ~ rJC7 /job trip 46. Big Concrete Saw $_,~/a /job trip 47. Complete Paint Rig $_ GHQ /job trip 48. Jack Hammer/Compressor $ ~ Q ~j /job trip 49. Trencher and Backhoe $ GJQ (~ /job trip Page 3 of lb 25A-28 50. Vacuum Truck Addendum No. I July 9, 2009 $ (~ /job trip IV. Cellular Phone /Radio Equipment The Contractor shall provide four (4) cellular phone for City staffs use during this contract (two for traffic signal maintenance and two for street light maintenance) to facilitate communication with the Contractor at the Contractor's cost. V. Bid Scenario -Street Light For comparison purposes please bid the repair scenario utilizing the previous bid prices. The City of Santa Ana has experienced a street lighting outage in a neighborhood with series high voltage street lighting. The outage encompasses several streets in the neighborhood affecting 24 cast iron double king street lights. with 2500 lumen lamps. A night drive was required to identify the scope of the outage. The lighting repairs required three (3} working days to complete the repairs. After completion of USA markings, the following personnel, equipment and materials were dispatched to repair the lighting. 1. Two service personnel: Lead High Voltage Street Light Technician and a Service Laborer for three days. cost: 3 , ~.I-{ t~ 2. Night Drive: Cost: QS 3. Equipment: Service truck with a compressor for three days. cost: t-{-c~.3 4. Materials Used: 3001f. of # 8 neoprene high voltage wiring 2 ea. #5 pull boxes, 3 ea. #3 pull boxes 19 ea, compression fittings 15 ea. bags of rock 6 ea. 250066G, 2500 lumen lamps 6 ea. Cut out disks Supplier Cost: (~ • ~ g _ Markup: ~ -? t 3 ~ Total Material Cost:Jr4c~ ~ (~ Total Cost (item 1-4): S. 1--} , ~ Cj5 ~ E i~-- Page4of16 25A-29 Addendum No. 1 July 9, 2009 TRAFFIC SIGNAL SYSTEM AND STREET LIGHT SYSTEM Firm MAINTENANCE. BIDDER C-Xo~,c~l tie ~`ra~c :~ ~ neer~ t~ M~ ~ Y\ ~I~tOlltGe. Address Phone(s) (--~I~-}~a(~fo-c.___r~(c~nn-l~3 ~Gt1~~ Bidder Signature Page 5 of 16 25A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 17, 2009 TITLE: AGREEMENT AMENDMENT WITH HYDROBLAST FOR PAVEMENT CLEANING SERVICES AT THE CIVIC 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Hydroblast for the provision of pavement cleaning services in the Civic Center in the amount of $208,230 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for pavement cleaning in the Civic Center. Hydroblast maintains all hardscape areas within the Civic Center Authority boundaries, including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, concrete parking lots beneath the Plaza of the Flags and Fountains, terrazzo reflection pool north of the Orange County Courthouse, concrete drive entrance to the Main Library, Plaza of the Sun, Plaza of the Flags, Plaza of the Fountains, Orange County Historical Courthouse, and Sasscer Park. On May 7, 2007, the City Council approved a two-year agreement with Hydroblast, with provision for three one-year extensions. The two-year base agreement expired May 31, 2008. The Parks, Recreation and Community Services Agency is satisfied with the quality of services being provided by Hydroblast and is requesting approval of the first one-year extension of this agreement. The current agreement includes a base amount of $189,300. This amendment adds pavement cleaning service at the east side of the Police Department/Jail and the new pavement around the City Hall Parking Structure. The new agreement base amount is $196,800. There is approximately a six percent ($11,430) contingency added for unanticipated work, for a total contract amount not to exceed $208,230. 25B-1 Agreement Amendment August 17, 2009 Page 2 FISCAL IMPACT for Pavement Cleaning Funds are available in the Civic Center Maintenance Other Contract Services account (no. 74-242-6291). APPROVED AS TO FUNDS & ACCOUNTS: Gerardo Mouet Executive Direc or Parks, Rec. and Comm. Svcs. Agency Francisco Gutierrez Executive Director LL'"~ Finance and Mgmt. Services Agency 25B-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into this day of August, 2009, by and between Hydroblast Exterior Cleaning Company, LLC ("Contractor") and the City of Santa Ana ("City"). RECITALS: A. The parties entered into Agreement #A-2007-111 dated May 7, 2007, (hereinafter "said Agreement") by which Contractor has provided pavement cleaning services for an initial two-year term. B. The City wishes to exercise its right to the first of three one-year extensions upon the terms set forth below and to expand the scope of work. 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 First Amendment to Service Agreement, the parties agree as follows: 1. Section 3, TERM, is amended to provide that the agreement shall terminate on May 31, 2010. 2. Section 1.1 of Exhibit A is amended b addin service at the east side of the Police Departmentgalaand the new pa~ me ttaround the City Hall Parking Structure to the Scope of Work. 3. Exhibit B is amended to increase the base contract amount to $196,800 for the additions to the scope of work. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. [Signatures Provided on Next Page] 25B-3 ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney HYDROBLAST EXTERIOR CLEANING COMPANY RODNEY WARD President 25B-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 17, 2009 TITLE: COOPERATIVE AGREEMENTS WITH COUNTY OF ORANGE FOR COUNTY'S PROPOSITION 1B ALLOCATION FOR CITY STREETS ~// ~' ~~% 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 1. Authorize the City Manager and the Clerk of the Council to execute the attached first amendment to the cooperative agreement with the County of Orange to receive a portion of the County's first allocation of Proposition 1B funds for the rehabilitation of Fifth Street from Fairview to Jackson Streets, 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 the attached cooperative agreement with the County of Orange to receive a portion of the County's second allocation of Proposition 1B funds for the rehabilitation of Santiago Avenue from Sixth to Santa Ana Boulevard, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION At their March 4, 2008 meeting, the County Board of Supervisors allocated a portion of the County's Proposition 1B (Prop 1B} fund to assist Cities in the delivery of critical transportation and safety projects. On May 5, 2008 the City Council approved a cooperative agreement with the County for the receipt of the first allocation of these Prop 1B funds for improvements to Susan Street from Mac Arthur to Sunflower. At the May 12, 2009 Board of Supervisors meeting, the County approved additional Prop 1B allocations of $1,019,381 for improvements to Fifth 25C-1 Cooperative Agreements with County of Orange County's Proposition 1B Allocation August 17, 2009 Page 2 Street from Fairview to Jackson and $500,000 for improvements to Santiago Avenue from Sixth to Santa Ana Boulevard (Exhibit 1). The allocation for Fifth Street is a modification to the countywide allocations for fiscal year 2007/08. In order for the County to dispense these funds to the City, an amendment to the existing County/City cooperative agreement must be executed. The allocation for Santiago Avenue is a new allocation for fiscal year 2008/09 and a new County/City cooperative agreement must be executed to receive these funds. These allocations were included in the City's Fiscal Year 2009/10 CIP and will be expended within two years from their receipt. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Revenues received from Proposition 1B will be allocated to the projects as part of Capital Improvement Program in FY 09/10. ' -_ James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: F~ Francisco Gutier z Executive Director Finance & Mgmt. Services Agency 25C-2 Amendment No. 1 to Agreement No. D08-042 AMENDMENT NO. 1 TO PROPOSITION 1B CITY AGREEMENT This AMENDMENT NO. 1 TO CITY AGREEMENT No. D08-042 ("Agreement") is made and entered into this day of , 2009, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, a municipal corporation in the State of California ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on June 17, 2008 the County entered into Agreement No. D08-042 for the City to receive as aid, a portion of the County's Proposition 1 B allocation in order to fund necessary roadway improvements in the City that are in the general County interest; WHEREAS, the City of Santa Ana has identified an additional Proposition 1B eligible project that the City wishes to fund utilizing an additional portion of the County's Proposition 1B allocation in the amount of $1,019,381; and WHEREAS, the County desires to extend additional Proposition 1B aid to the City in the amount of $1,019,381 in order to fund additional roadway improvements that are in the general County interest. IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: Exhibit A has been revised to provide the City with an additional $1,019,381 of County's Proposition 1B funds for its 5th Street Resurfacing Project from Fairview Street to Jackson Street. All other conditions and requirements of Agreement No. D08-042 remain in full force. Page 1 of 3 25C-3 Amendment No. 1 to Agreement No. D08-042 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its City Manager and attested by its Clerk, on the dates written opposite their signatures, all thereunto duly authorized by the City Council. City of Santa Ana, a municipal corporation Date: By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: By: City Attorney Page 2 of 3 25C-4 Amendment No. 1 to Agreement No. D08-042 IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Board of Supervisors. County of Orange, a political subdivision of the State of California Date: By: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA By: By: Darlene J. Bloom Deputy Clerk of the Board of Supervisors of Orange County, California Page 3 of 3 25C-5 N 00 O O Z c d d d a~ a 0 T Z C d E a O r r O O M M w+ O O O ~--~ O r ~ O O O C1 O Ef? ER Efl i3 m r C. O a a w m N ~ ,~ ~ 00 ~ ' o ~ ~ a ~ J c~ a _ cn o ~' U ~ Q ~ cn o ~` U Q O ~ _ U ~ _ ~ c c o ~ o m ~ ^ O ~ y ~. v ~, v o m C •Q w d c c ~ ~tA a o U U U .~ m ~° rn ~ c o ~ ~ O - O ... Na ... o Q ~ ~ ~ oLL m a = ~° ~ 3 2 ~ ° ~ ~ ~ X ~ .~ ~ c W ~ a ~ o ~ ~ o o G1 Q. •~ ~ ~ O ~ V N ~ Q ~ a J m ~ U U N Ne- O ~ L ~ C >+ (0 ~ o V ~ ~ a ~ O O ~: •~ Q d c n c ' >, ° c N ~ d ~ ~ ~ c . > N~ i U O ~ O ~ f0 ~ = ~-• ~ ~ U ~ ~ ~ y m o ~ ~ ~~ y ~ a i L, ~ m ~ c Q ~ c > O` O ~ '= a. ~ ~ N ~ ~ Y U L (/) ~ ~ ~ W O c W V O .~ N ~ L Z ao 25C-6 0 a x i ~~ ~~~ z~j ~~~ n 5TH ST i ~Q ~~ Q ~~ 0~ r It ~_. ~_ .__ ._ r~ ~' ~` ,J ~°` ° / QS~ / ,, ~~ ~ ~ ~`~ / ~~ ~ l~ ~( ~ 1 ~~ ~' ! i ~ ~ I z J [ ~1 4~ I I [ ~~ ;~ !! !~ i ~~ r ~h FIFTH STREET REHABILITATION FAIRVIEW TO JACKSON a ~~ ~~ ,v ,-~tt'` p~~' t ~ ~~~'~ P pNP~ °" ~ k ~' _J ~R_~? ~~ ~ ~ ~~ ~~ ~ 't \Q~ 1. ~ ~ ~ ~:~ !{ 1 `- 1_ °~ ,., _. a , J ~~.. ~~_,. _ _ .:~ .,,, 6TH ST ._ .._ _ _ _ . ., ,~ .._...._ _ . --e r SANTIAGO STREET REHABILITATION SIXTH TO SANTA ANA BLVD. PROJECT LIMITS EXHIBIT 1 /^S^NT~ANA cITY couNCi~ COOPERATIVE AGREEMENTS WITH P~ W A ^ AGENDA DATE TITLE COUNTY OF ORANGE FOR COUNTY'S V AUGUST 17, Zoos PROPOSITION 1B ALLOCATION FOR P°&~ .~x5 °~~~ CITY STREETS 25C-7 Agreement No. D09-055 PROPOSITION 1B CITY AGREEMENT This PROPOSITION 1B CITY AGREEMENT, Agreement No. D09-055 ("Agreement") is made and entered into this day of 2009, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, a municipal corporation in the State of California ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. WHEREAS, the City owns and operates streets in need of traffic congestion and traffic safety improvements, including routine roadway maintenance and storm drain improvements, and acknowledges that it has limited funds by which to address these needs; B. WHEREAS, pursuant to Section 1686 of the Streets & Highways Code, the California State Legislature has determined that the improvement and maintenance of all city streets is of general county interest. It is of general interest to the County and the City to extend financial aid to the City for the general improvement and maintenance of City streets in that the improvement of transportation congestion is of benefit to all Orange County residents; C. WHEREAS, the County desires to assist the City with a portion of the County's Proposition 1 B ("Prop. 1 B") allocation for the improvement and maintenance of City streets, and to help improve regional transportation needs within the county; D. WHEREAS, the County will allocate a portion of the County's Prop. 1B funds to the City for the purposes of improvements to local transportation facilities that will assist in reducing traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety ("Prop. 1B Funds"). The expenditure of Prop. 1B Funds is to be in accordance with Government Code section 8879.20 et seq., and all other applicable State rules, regulations and guidelines ("Prop. 1B Requirements"); and E. WHEREAS, the County's second allocation (Supplemental 2008 State Appropriation) and third allocation (2008-09 State Appropriation) of Prop. 1 B funds may only be expended after County receives its Prop. 1B allocations from the State. NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: Page 1 of 7 25C-8 Agreement No. D09-055 SECTION I A. Upon approval of the City's project(s) by the Board of Supervisors, County shall include the City's project(s) in the Prop. 1B project list that the County submits to the State Department of Finance for review and disbursement of the County's second and third Prop. 1 B allocations. The City project(s) approved by the Board of Supervisors for Prop. 1B funding is attached hereto as the County of Orange funded Proposition 1B Project(s) in City of Santa Ana (Exhibit A). B. Upon receipt of the County's second and third Prop. 1 B allocations from the State, County will disburse a portion of its Prop. 1B Funds to the City in the amount shown on Exhibit A, or as limited by Section II.A, below. C. The City shall expend Prop. 1B Funds on the project(s) listed in Exhibit A in accordance with all Prop 1B Requirements. This includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using the County's Prop. 1B allocation to reduce City's traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety. D. Prop. 1B Funds shall be expended no later than June 30th of the third fiscal year ("Deadline") following the fiscal year in which each particular allocation was received from the State by the County. Upon receipt of the County's second and third Prop. 1B allocations from the State, County shall notify City of Prop. 1 B expenditure deadlines. Any Prop. 1 B Funds not expended by the Deadline shall promptly be returned to the County, but in no event shall funds be returned later than sixty (60) days after the Deadline. If the City determines at any time that the City cannot expend Prop. 1B Funds by the Deadline, the City shall immediately notify the County in writing of this determination. The City shall then return its remaining Prop. 1 B Funds within sixty (60) days of said notification. E. County will conduct a City expenditure assessment status report in accordance with the reporting schedule set by the Department of Finance in order to verify if City is expending its Prop. 1 B Funds in accordance with Prop. 1 B Requirements. The status report shall include the date of project award, amount of award, percent completion of project, estimated completion date, the amount of funds that have been expended, the remaining County Prop. 1 B allocation to be expended, and any other information or documentation relating to City's expenditure of Prop. 1 B Funds. Upon request by County, the City shall provide County with said Prop. 1 B Funds status report within fourteen (14) days of the request. F. In the event of an audit by the State, the City shall provide State and/or County all documentation requested by the State within the timeframe required by the State. The City shall work cooperatively with the County during the course of the audit. The City shall attend all audits and audit proceedings, as needed. If the State finds that any City expenditure of Prop. 1B Funds is ineligible or does not comply with Prop. 1B Requirements, the amount of the ineligible expenditure and any other penalties or assessments shall be immediately reimbursed to the County, which will be returned to the State. The amount of the ineligible expenditure including Page 2 of 7 25C-9 Agreement No. D09-055 any other penalties or assessments shall be reimbursed to the County no later than sixty (60) days from the State's determination. SECTION II MISCELLANEOUS PROVISIONS: A. Availability of Funds The County's obligation is subject to the availability of funds appropriated for this Agreement, and nothing herein shall be construed as obligating the County to expend funds or as involving the County in any contract or other obligation for future payment of money in excess of appropriations authorized by law. Further, County's distribution of funds to the City depends entirely on the County receiving its Prop. 1B allocation from the State. County shall not disburse the City's allocation until such time that the County receives its Prop. 1B allocation from the State. County also reserves the right to limit, reduce, delay or terminate the City's Prop. 1 B disbursement identified in Exhibit A for any reason, and at any time, including, but not limited to, a State delay or reduction in the County's Prop. 1B allocation, ineligibility of all or a portion of City's project(s), or suspension or reduction of other County road funds. B. Indemnification City shall indemnify, defend with counsel approved in writing by County, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement. Should the State determine that any City Prop. 1 B Funds to be ineligible, City is liable for any interest payments, fines, penalties or other forfeitures that may be assessed by the State. City shall return Prop. 1 B Funds to the County within the timeframe contemplated under this Agreement should 1) City fail to expend any portion of its Prop. 1 B Funds within the timeframe under this Agreement; 2) the State or County deem any City expenditure of Prop. 1B Funds to be ineligible; or 3) this Agreement be found to be incompatible with State law. C. Assi nment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of City's interest in this Agreement shall be made without the written consent of the County. Furthermore, City agrees that Prop 1 B Funds shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement. D. Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Page 3 of 7 25C-10 Agreement No. D09-055 E. Severabilitv 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. F. Calendar Davs Any reference to the word "day" or "days" herein means calendar day or calendar days, respectively, unless otherwise expressly provided. G. Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: City: Director of Public Works/City Engineer Public Works Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Phone: (714) 647-5654 Facsimile: (714) 647-6954 and County: Director/Chief Engineer, OC Engineering Orange County Public Works County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone: (714) 667-3213 Facsimile: (714) 834-2496 All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. H. Termination County may terminate this Agreement for any reason provided that such termination shall be accomplished by delivery of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt. I. Breach The failure of the City to comply with any of the terms and conditions of this Agreement shall be a material breach of this Agreement. In such event the County may: Afford the City a written Notice of Breach and Notice of Termination, and in the County's discretion, provide for thirty (30) days within which to cure the Page 4 of 7 25C-11 Agreement No. D09-055 breach; 2. Discontinue all Prop. 1B Fund allocations during the period in which the City is in breach; and/or 3. Offset Prop. 1B Fund allocations against any invoices billed by the City. A breach of this Agreement by City may be grounds to not include City in future allocations of the Prop. 1 B Funds, as determined by the County. J. Binding Obli ag tion 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. K. Governing Law and Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section 394. L. Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses. M. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and/or any other claim of injury or damage. /// /1/ /// /// /// /// /// /// /// /// /// /// Page 5 of 7 25C-12 Agreement No. D09-055 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested by its Clerk, on the dates written opposite their signatures, all thereunto duly authorized by the City Council. City of Santa Ana, a municipal corporation Date: By: Mayor ATTEST: City Clerk By: Page 6 of 7 25C-13 APPROVED AS TO FORM: City Attorney Agreement No. D09-055 IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chair of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the Board of Supervisors. Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California County of Orange, a political subdivision of the State of California By: Chair, Board of Supervisors APPROVED AS TO FORM: COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: Deputy Page 7 of 7 25C-14 0 o~ 0 O 0 z d as d as a Q a, ca ~ c ~ O o ° ~_' c U C ,~ V ~ ~ Z .O O a` ,... Q am o ~ J m ~:. Q ~ ~ a W ~ a o ~ ~:' d ~ .a 'L = a ~ o y_ L d a ~ r ~ r ~ N O ~ ~+ O C pp 7 0 0 0 () N c 0 0 a m d 0 a c m as Q ca m J J ~+ d .O a` .` O v W 'C. .~ _N c. ~ 0 0 0 0 0 c Q m c m 0 w U 0 t _X O U N 'o d c U N ~' N ~ N ~ m ~ ~ c rnQ c~ ~ C C m m ~~ 0 0 0 H O ~i 0 o~ 0 C Z c m m Q L d O ~. ~. N C 0 ++ O is C O V d N m r C O ,O a 0 a` 0 m L L d s H m 0 Z w 0 N a 25C-15 25C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 17, 2009 TITLE: RESOLUTION TO DESIGNATE THE CITY OF SANTA ANA AS A RECOVERY ZONE FOR THE PURPOSES OF UTILIZING RECOVERY ZONE BOND FINANCING IN 2009 AND 2010 '` ~ 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 Adopt a resolution designating the City of Santa Ana as a Recovery Zone for the purposes of utilizing recovery zone bond financing in 2009 and 2010. DISCUSSION As part of the American Recovery and Reinvestment Act (ARRA) stimulus package, the federal government has authorized the City of Santa Ana to issue up to $5,872,000 in Recovery Zone Facility Bonds and $8,807,000 in Recovery Zone Economic Development Bonds. In order to take advantage of the recovery zone bond financing, the City must adopt a resolution designating a Recovery Zone area. A Recovery Zone is defined as an area having significant poverty, unemployment, home foreclosures, or general distress; or an area that has already been federally designated as an Empowerment Zone or Renewal Community. Discretion to designate the boundaries of the Recovery Zone has been left up to each individual jurisdiction. Recovery Zone Facility Bonds Recovery Zone Facility Bonds are a new type of financing mechanism that enable the City to issue bonds to creditworthy applicants to assist with the purchase, renovation and/or construction of a commercial or industrial development project. These bonds are similar in nature to the City's existing Industrial Development Bonds with the exception that these bonds are not just limited to industrial development. 55A-1 Resolution to Designate Recovery Zone August 17, 2009 Page 2 There is no financial obligation on the part of the City for issuing these bonds. The intent of these bonds is to help stimulate investment for development in today's tight commercial credit market. The Community Development Agency will be working to identify potential projects that could utilize the Recovery Zone Facility Bonds. Recovery Zone Economic Development Bonds Recovery Zone Economic Development Bonds are only available to state and local governments. The bonds can be used to finance infrastructure projects at a lower borrowing cost to the City. This is achieved by a direct federal subsidy of 45 per cent of the interest on the bonds, for projects such as street improvements, sewer and other Public Works infrastructure projects. In this current economic crisis, staff does not anticipate issuing bonds for local infrastructure projects as the City would have to demonstrate the capacity to service the debt on these bonds. However, this resolution provides the City the flexibility to issue bonds in the future as its fiscal stability strengthens. All Recovery Zone Bonds must be issued by December 31, 2010. FISCAL IMPACT There is no fiscal impact associated with this item. r Cynt is J. elson Deputy City Manager for Development Services Community Development Agency CJN/LAS/mm 55A-2 bk:7/27/09 RESOLUTION NO. 2009-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING SANTA ANA AS A RECOVERY ZONE PURSUANT TO THE FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The federal American Recovery and Reinvestment Tax Act of 2009 (hereon referred to as the "Recovery Act") provides federal income tax incentives for obligations issued to finance expenditures for purposes of promoting economic development or other activity in a "Recovery Zone" (Recovery Zone Economic Development Bonds) and obligations issued to finance the construction, renovation, or acquisition of Recovery Zone property to be used in a qualified business in the Recovery Zone (Recovery Zone Facility Bonds). B. Under the Recovery Act, Santa Ana has been given an allocation of nearly $5.9 million in Recovery Zone Facility Bonds, and over $8.8 million in Recovery Zone Economic Development Bonds. C. The Recovery Act provides that the City may issue Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds only until the end of 2010. D. To be eligible to use this bonding authority under the Recovery Act, each jurisdiction must first adopt a "Recovery Zone." E. The Recovery Zone is defined in the Recovery Act as including any area designated by this Council as having significant poverty, unemployment, rate of home foreclosures, or general distress; and any area designated as an empowerment zone as of February, 2009. F. Internal Revenue Service Notice 2009-50 states that each city council of a city designated to issue Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds may make a designation of its Recovery Zone by resolution in any reasonable manner as the City Council shall determine in good faith in its discretion. Resolution No. 2009-XXX 55A-3 Page 1 of 3 G. Issuance of any Recovery Zone Facility Bonds or Recovery Zone Economic Development Bonds shall require further approval of this City Council. H. Being fully informed and after consideration of all relevant factors, the city council further finds, declares and determines that the area within the geographical limits of the City of Santa Ana reasonably meets the criteria of the Recovery Act for designation as a Recovery Zone. Section 2. The City Council hereby designates the area within the corporate limits of the City of Santa Ana as a Recovery Zone for purposes of the Recovery Act. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2009. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2009-XXX Page 2 of 3 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2009-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2009-XXX 55A-5 Page 3 of 3 55A-6