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HomeMy WebLinkAbout FULL PACKET_2010-02-01MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 19, 2010 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4T" FLOOR 5:47 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ABSENT: P. DAVID BENAVIDES STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None CLOSED SESSION ITEMS City Council Items 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Tommy Arzate, WCAB Case No. VNO 0542379. Jessie Ramirez, WCAB Case No. ADJ6683321 Tod Henry, WCAB No. ANA 0377584 1 B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(c) CITY COUNCIL MINUTES 1 JANUARY 19, 2010 1 0A -1 1C LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: • Claim of Van and Thach Nguyen Claim No. 2009 -152 • Claim of Claim of Mercury Insurance (Subrogation for monies paid on behalf of Insured Leilani Casino) Claim No. 2009 -166. Community Redevelopment Agency Item 2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: Agency- owned /Agency - leased land at 2051 E. Edinger Avenue/ northwest corner of Edinger and Auto Mall Drive Agency negotiator: Cindy Nelson, Executive Director Party with whom negotiating: DWWRBB, Inc./Wilson Automotive Group Under negotiation: Terms of Sale of land and /or Assignment of Groundlease and Development of Property ADJOURNED - 5:59 P.M. CITY COUNCIL MINUTES 2 JANUARY 19, 2010 1 0A -2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ABSENT: P. DAVID BENAVIDES STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE Mayor Pulido CLOSED SESSION REPORT The City Attorney reported on the following Closed Session Items: Tommy Arzate, WCAB Case No. VNO 0542379; Jessie Ramirez, WCAB Case No. ADJ6683321; Tod Henry, WCAB No. ANA 0377584; Claim of Van Nguyen and Thach Nguyen; Claim of Mercury Insurance. See Item 19A for details. PUBLIC COMMENTS • Claudio Gallegos and Mike Tardiff spoke in opposition to the recommended action on Item 13A; • Thomas Gordon spoke in opposition to Item 13A and commented on concerns related to graffiti throughout the City; • Ezequiel Gutierrez commented on the Station District Plan. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items 10A through 19B with the following modifications: • Councilmember Martinez - Continue Item 13A for two weeks to allow time for commissioner to resign in lieu of removal from position; and CITY COUNCIL MINUTES 3 JANUARY 19, 2010 1 0A -3 • Mayor Pro Tern Alvarez - Excuse Councilmember Benavides from said meeting. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF JANUARY 19, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS 13A REMOVAL OF WARD 2 COMMISSION MEMBER FROM THE HISTORIC RESOURCES COMMISSION - Clerk of the Council Office Pursuant to Santa Ana Charter Section 901, a board or commission member may be removed by the City Council by the affirmative votes of a majority of the Council. MOTION: Continue item until February 1, 2010. MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) CITY COUNCIL MINUTES 4 JANUARY 19, 2010 1 0A -4 MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT MOTION: Approve settlements as follows: • Tommy Arzate, WCAB Case No. VNO 0542379 — Compromise and Release for $41,050.50; 0 Jessie Ramirez, WCAB Case No. ADJ6683321 — Compromise and Release for $46,000; • Tod Henry, WCAB No. ANA 0377584 — Compromise and Release for $20,000; 0 Claim of Van Nguyen and Thach Nguyen - $77250; 0 Claim of Mercury Insurance - $67281.89. 19B EXCUSED ABSENCES MOTION: Excuse the absence of Councilmember Benavides from the January 19, 2010 City Council meeting. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55A RESOLUTION - APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF EMERGENCY SERVICES PROGRAM GRANT AWARD FUNDS - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -001 — A resolution of the City Council of the City of Santa Ana authorizing execution of a sub -grant award agreement and accepting additional grant award funds and authorizing the City Manager or the Chief of Police to approve an appropriation adjustment for the Anti -Gang Initiative 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 5 JANUARY 19, 2010 1 0A -5 6'1+7:1 APPROPRIATION ADJUSTMENT NO. 10 -072 - Recognizing State of California Office of Emergency Services 2007 Anti -Gang Initiative Supplemental Grant funds of $25,000 revenue account and appropriate the same to expenditure account. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) None (0) None (0) Benavides (1) RESOLUTION — APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2010 -002 — A resolution of the City Council of the City of Santa Ana authorizing execution of a grant award agreement and accepting additional grant award funds and authorizing the City Manager or the Chief of Police to approve an appropriation adjustment for the DUI Enforcement and Awareness Program Grant 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 10 -071 — Accepting the California Office of Traffic Safety, DUI Enforcement and Awareness Program Grant in the amount of $40,000 into the revenue account and appropriate same into the California Office of Traffic Safety, DUI Enforcement and Awareness Program expenditure accounts MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Sarmiento Alvarez, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (6) None (0) None (0) Benavides (1) CITY COUNCIL MINUTES 6 JANUARY 19, 2010 1 0A -6 WORK STUDY SESSION WSA GO LOCAL PROGRAM /TRANSIT VISION, RENAISSANCE PLAN ZONING & EIR, STATION DISTRICT, AND MASTER PLAN FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) - Public Works Agency, Community Development Agency, and Planning & Building Agency THE STATION DISTRICT presented by Cindy Nelson, Executive Director of the Community Development Agency Goals and Objectives for Agency Owned Parcels C Create Neighborhood Identity C Incorporate High Quality Architecture C Providing a Variety of Housing Types: o For -Rent & For -Sale Homes with a Range of Affordability C Provide Open Space for Neighborhood Uses C Development that can be Implemented Near Term Community Outreach Process Community Outreach meetings have been conducted with: C Lacy Neighborhood Group C Logan Neighborhood Group C French Park Neighborhood Group C Santiago Lofts Homeowners C St. Joseph's Church C SACReD C Station District Business Owners In addition, community members from all of these groups participated in a bus tour to see examples of other projects completed by the developer team. Approximately 200 community members have participated in the process to date. Community Input Major Themes C Open Space and recreation areas for children C Street and sidewalk improvements to improve pedestrian safety, walkability and transit use C Retail Amenities, especially restaurants and cafes C Neighborhood character should be preserved, new buildings should fit in with the neighborhood C Housing should be accessible to low income residents and give priority to Santa Ana residents. Review of the Overall Conceptual Site Plan, Phase One Development CITY COUNCIL MINUTES 7 JANUARY 19, 2010 1 0A -7 SANTA ANA TRANSIT MASTER PLAN presented by Raul Godinez, Executive Director of the Public Works Agency Components of Transit Master Plan C Fixed Guideway C SARTC Master Plan C Santa Ana Boulevard Grade Separations C Multi -modal use of Pacific Electric ROW Gateway Connection map explained Fixed Guideway Modern Streetcar Metrolink Downtown Garden Grove SARTC Civic Center PE Right -of- Way /SR22 SARTC • Extends Metrolink into Central Orange County • Creates New 5 -Mile Transportation Corridor • Connects Directly to Santa Ana Civic Center • Built Entirely Within Public Right -of -Way • Links Garden Grove to Metrolink • Connects with Bristol & Harbor Bus Rapid Transit • Promotes Economic Development Fixed Guideway Technology Options Medium Bus (Los Trolley Bus (San Streetcar (San Light Rail (Seattle, Angeles, CA) Francisco, CA) Diego, CA) WA) Seats 20Seats 20 Seats 30Seats 30 Seats 50Seats 50 Seats 80Seats 80 Operates in mixed Operates in mixed Operates in mixed Requires separate flow traffic flow traffic flow traffic right of way Environmentally Environmentally Environmentally Produces local friendly friendly friendly emissions and noise Flexible routing Encourages private Encourages private Encourages private investment along investment along investment along route investment route investment route investment along route along route along route Low capital and O &M Higher capital, lower High capital costs, Higher capital and costs O &M costs than moderate O &M O &M costs than buses costs other options CITY COUNCIL MINUTES 8 JANUARY 19, 2010 1 0A -8 Why Transit - Supportive Zoning? C All good plans for urban renewal include four elements: (1) mixed use development, (2) open space and parks, (3) a strong pedestrian environment that is supported by alternative access -- i.e., effective transit, and (4) affordable housing C Areas that achieve the above reduce vehicle travel by nearly 50 percent C Developers within such areas are more committed to implementing the cities' plans C Greenhouse gas emission reductions are significantly reduced C Public health is improved (people walk more, air quality improves) C Businesses thrive (people live, work, dine and shop in the same area) C Adopting Transit - Supportive Zoning will help our Fixed Guideway project better compete for funding: C By increasing ridership projections C Providing a stronger linkage between transportation & land use Santa Ana Transit Master Plan Major Activity & Deliverables (Fall!! 2009 Winter Spring 2010 Summer (Fall!! 2010 Winter Spring Summer (Fall!! 2011 2009 -10 2010 2010 -11 2011 2011 IFixed Fixed Goal setting Council Public Conceptual Council Potential Public City Guideway Data selects scoping engineering receives funding Council study gets collection technology Environmental AA Study sources selects Early and analysis Locally consultation alignment Ridership Preferred and alternatives forecasting Alternative coordination for Cost OCTA with Alternatives estimates funding Coordination with stakeholders Preliminary Environmental SARTC SARTC SARTC & Detailed design assessment Master OCTA Final Master Master Station concept Funding Plan funding design District presented to source adopted master (Fall!! 2009 Winter Spring 2010 Summer (Fall!! 2010 Winter Spring Summer (Fall!! 2011 2009 -10 2010 2010 -11 2011 2011 Santa Area Bllvd. Consultant field survey Draft Conceptual Preliminary Compl Draft PSRE Grade Separation selection and data conceptual Alignments environmental eted PSRE approved and collection Alignments finalized review started conce subrnitte by City awalyd of Utility Survey submitted Preliminary Draft cost ptual d contract by Obtain for design estimate design for requirements (review concept Alternatives drawln (review from SCRRA, Geotechnic presented to analysis and y g Distribute Caltlrans, al structural type Final PSRE to OCTA and investigatin selection for cost PUC g estima Begin Hydrology to identifying Hydraulic Finaliz analysis e Traffic envilro Survey m ment Design al constraints review review Community outlreach CITY COUNCIL MINUTES 9 JANUARY 19, 2010 10A -9 TRANSIT ZONING CODE presented by Jay Trevino, Executive Director of Planning and Building Agency What's Changed? C Santa Ana /Garden Grove Transit Vision C Related Companies proposed project C Affordable housing C Industrial Overlay Zone created E Washington Street remains open C New open space added as part of Station District project Transit Zoning Code Background C Initially drafted as a component of the larger Santa Ana Renaissance Specific Plan C Community process included over 100 outreach meetings and interviews held from April 2006 through February 2008 C Primary goals: C Plan for the redevelopment of the properties owned by the Santa Ana Redevelopment Agency C Plan for new transit opportunities C The plan was changed to respond to community concerns and to integrate new project information What will the Transit Zoning Code do? C Provide zoning for the integration of new infill development into existing neighborhoods, C Allow for the reuse of existing structures by allowing more flexibility of use C Provide a transit - supportive, pedestrian oriented development framework to support the addition of new transit infrastructure. Corridor (CDR) C Provides pedestrian - friendly streets C Allows for street level retail, service, and office uses and residential above C Ensures that new development is compatible with adjacent neighborhoods C Allow mixed -uses compatible with neighborhoods C Make a more walkable street Downtown (DT) C Accommodate a mixture of retail, office, light service, and residential uses C Expand retail experience C Reinforce existing form and character C Improve walkability E Create a continuous retail experience E Create a variety of open spaces C Reinforce historic context CITY COUNCIL MINUTES 10 JANUARY 19, 2010 1 0A -10 C Improve buildings at street level C Add residential uses Urban Center (UC) C Transitional area to Downtown and Transit Village C Allows a mix of uses including residential and commercial C Improves walkability C Creates a transitional area to adjacent neighborhoods Transit Village (TV) C Leverage transit through significant transit - oriented development C Create walkable blocks E Create variety of open spaces C Connect with regional bike trails /paths C Maximize public parking E Transit - supportive development C Provide for transit options E Variety of open spaces Urban Neighborhood 1 (UN -1) C Strengthen and stabilize the neighborhoods C Allow for compatible residential in -fill development C Balance between residential & non - residential uses C Neighborhood - scaled infill to balance residential and non - residential E Provide quality private open spaces Urban Neighborhood 2 (UN -2) Goal: Stabilize the neighborhood C Neighborhood scaled infill development E Create varied open spaces C Improve walkability and connections with downtown C Preserve historic structures C Neighborhood- scaled infill C Mix of uses with neighborhood serving retail /shops C Allows a range of housing types Industrial Overlay (10) C Retains existing Industrial zoning C Allows properties to transition to mixed -use C Does not change property owner's ability to operate as an industrial business. C Allows for new mixed -use development while retaining existing industrial CITY COUNCIL MINUTES 11 JANUARY 19, 2010 1 0A -11 Summary of Key Changes in Transit Zoning Code Areas Next Steps C The Transit Zoning Code and the Draft Environmental Impact Report will be released on February 2, 2010 C Available for review at: C City Website- www.santa- ana.org C Main Library or the Planning Counter C CD — can be purchased at the Planning Counter C Comment period from February 2 to March 19, 2010. C Public comment meeting scheduled for February 22, 2010 at 5:30 pm. CITY COUNCIL MINUTES 12 JANUARY 19, 2010 10A -12 Future Future Permitted Allowable Geographic Area Existing Uses Uses Existing Building District Objectives Heights Min /Max Provide for linkages between the Civic Government Civic uses Same as existing One to 20 Same as Center employment Center stories existing Center employment base, the SARTC and the Downtown. Two to 10 Allow for residential Commercial, stories (10 uses on upper floors Civic, Commercial, Civic, One to six stories only of existing buildings, Downtown residential and residential and mixed stories allowed in ensure compatibility mixed use use limited of new buildings of locations) new buildings within historic context. Strengthen the presence of Residential and Same as existing with One to two One to five commercial buildings First Street commercial addition of mixed use stories stories and allow for new economic development. Single -and multi - family residential, Same as existing with One to five Combination of neighborhood, the addition of mixed- stories (five restoration and schools, use, including stories only sensitive infill offset Lacy churches neighborhood- One to four allowed in by enhanced open by Neighborhood , schools, serving retail, an stories limited enhanced open churches, Industrial Overlay locations space to stabilize and commercial, Zone, and new open along Santa complete and industrial at space Ana Blvd.) neighborhood. east end One to five Same as existing with stories (five Single- family the addition of mixed- (stories only Logan houses, use, including One to two allowed in Strengthen the Neighborhood neighborhood neighborhood serving stories limited residential character commercial, retail, and an locations of the neighborhood. and industrial Industrial Overlay along Zone Santiago Ave.) Industrial, Commercial/ retail, Create a high residential, office, residential, One to two Three to 25 intensity mixed -and Rail Station mixed -use, mixed -use, industrial, stories stories transit- supportive commercial entertainment, open environment. space Next Steps C The Transit Zoning Code and the Draft Environmental Impact Report will be released on February 2, 2010 C Available for review at: C City Website- www.santa- ana.org C Main Library or the Planning Counter C CD — can be purchased at the Planning Counter C Comment period from February 2 to March 19, 2010. C Public comment meeting scheduled for February 22, 2010 at 5:30 pm. CITY COUNCIL MINUTES 12 JANUARY 19, 2010 10A -12 COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez • Requested and led A Moment of Silence to reflect on the disaster and the victims of the earthquake in Haiti. ADJOURNED 7:37 P.M. - The next regular meeting of the City Council is scheduled for Monday, February 1, 2010 at 5:00 p.m. for the Closed Session Meeting, immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 13 JANUARY 19, 2010 1 0A -13 1 0A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD MEMBERS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Recommend that the City Council reappoint Benjamin Blank, Patricia Carter, John Didion, Eduardo Figueroa, Bob Fischer, Tefere Gebre, Ana Jimenez -Hami, Gregory Lewis, and Daniel Solkamans to the Santa Ana Workforce Investment Board for four -year terms. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of January 15, 2010 by a vote of 17:0 (Blank, Beasley, Conway, Didion, Gebre, Jimenez -Hami, Korthuis, Lin, Martinez, Metzler, Nazeri, Pina absent) the Workforce Investment Board recommended that the City Council reappoint Benjamin Blank, Patricia Carter, John Didion, Eduardo Figueroa, Bob Fischer, Tefere Gebre, Ana Jimenez -Hami, Gregory Lewis, and Daniel Solkamans to the Santa Ana Workforce Investment Board for a four -year term. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. Presently, there are nine board members whose terms expire in March 2010 and are being recommended for an additional four -year term reappointment to the Santa Ana Workforce Investment Board. The nine members' resumes are included as Exhibit 1, which detail their titles and employment. 13B -1 WIB Reappointments February 1, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. /17 �. Cynthia J. N41son Deputy City Manager for Development Services Community Development Agency CJN /LS /DS /kg ii EXHIBIT 1 RESUMES FOR REAPPOINTMENT OF WIB MEMBERS Benjamin Blank Patricia Carter John Didion Eduardo Figueroa Bob Fischer Tefere Gebre Ana Jimenez -Hami Gregory Lewis Daniel Solkamans 151 BENJAMIN R. BLANK Home: (714) 523 -2672 15527 Bluefield Ave. Office: (714) 541 -7787 La Mirada, CA 90638 E -Mail: Ben.Blank @ssa.ocgov.com Objective Appointment to the Santa Ana Workforce investment Board Summary of Qualifications Over 20 years experience administering human services programs, including legislative and regulatory analyses; local policy development; fiscal and budgetary analyses; research and data compilation /presentation; community collaboration; direct advisor to County of Orange Executive Management Employment History and Relevant Experience June 2005 to Present County of Orange Social Services Agency Santa Ana, CA Deputy Director (Program Manager IiI), Family Self - Sufficiency Division • Oversight of CalWORKs policy development and services • Statewide networking and collaboration with the California Welfare Directors Association for strategy and best practice development • Development and maintenance of service delivery models July 2003 to June 2005 County of Orange Social Services Agency Laguna Hills, CA Regional Manager (Program Manager ll), Family Self - Sufficiency • Manager of the Laguna Hills Regional Office, including approximately 75 employees in one primary district office and one satellite office • Responsible for direct services of the CalWORKs Program to the public, including financial assistance, employment services, and employment support services such as child care, transportation, behavioral health services, and domestic abuse services • Child abuse prevention in collaboration with the Children and Family Services Division • Direct implementation of demonstration projects 2001 to 2003 County of Orange Social Services Agency Santa Ana, CA Program Manager 1, Ca1WORKs Incentive Funds, Family Self- Sufficiency • Oversight of innovative, preventlon- focused programs funded by over $80 million in CalWORKs Incentive Funds • Fiscal and budget analysis for CalWORKs allocation of over $90 million • Research and data analyses /presentation • Legislative and regulatory analyses /presentation 2000 to 2001 County of Orange Social Services Agency Santa Ana, CA Assistant Program Manager, Family Self- Sufficiency, Central Operations • Central coordination of staffing and operational activities for Family Self - Sufficiency district offices • Research and data analyses /presentation • Legislative and regulatory analyses /presentation 1996 to 2000 County of Orange Social Services Agency Santa Ana, CA Program Assistant and Assistant Program Manager, Family Self - Sufficiency, Welfare Reform Planning • Planning and implementation of CalWORKs Program Education Associate in Arts degree, Liberal Studies, Fullerton College, 1988 Orange County Leadership Academy, 2105 to 6/05 Supervisory and Management Preparation, County of Orange Affiliation Orange County Child Care and Development Planning Council, 8105 to Present County Welfare Directors Association, Self- Sufficiency Committee, 4106 to Present 13B -4 PATRICIA CANDELARIA CARTER 1462 Cameo Drive Tustin, CA 92780 (714) 731 -7792 home (714) 318 -6005 cell Patricia,Carter@sausd.us Director of Regional Occupational Program / Career Development EXECUTIVE PROFILE Innovative and results- driven leader focused on achieving exceptional results for students. Over twenty successful years in teaching and management of the Regional Occupational Program (ROP). Excels in developing and motivating highly focused teams that successfully meet and exceed program goals. ❖ Dynamic leader and team builder, consistently motivating others toward success. ❖ High level of organizational ability and problem- solving capability. ❖ Strong leadership in program management and business operations. Supervisory expertise and budgeting experience. PROFESSIONAL EXPERIENCE Program Management Recommended and developed ROP programs and services for high school students. Developed master schedule for ROP. Provided leadership in the instructional program. Planned and coordinated a professional development program. Managed, monitored, audited, and evaluated programs. Maintained records of students, teachers, and classes to provide data necessary to complete District, State and Federal reports. Recruitment /Selection/Evaluation of Personnel Responsible for the recruitment of certificated personnel. Responsible for the selection of qualified teacher candidates for open positions. Supervised and evaluated personnel. Business Operations Management of federal Perkins grant; budget and audit responsibility. Increased staff productivity by creating and implementing procedures to efficiently complete tasks. Developed and implemented transportation plan for ROP students; monitored and audited transportation budget. Assisted in the ordering and monitoring of textbooks, supplies and equipment inventories. Collected and monitored ROP attendance reports and ROP enrollment data. Public Relations Worked with several organizations including Central County ROP and SAUSD high school principals and other management personnel to create programs that benefit students and support the improvement of teaching and learning. 13B -5 Patricia C. Carter page 2 EMPLOYMENT HISTORY CCROP /Santa Ana Unified School District 1980- Present Director, ROP /Career Development 2008 Assistant Director, Curriculum and Instruction 2004 -2008 Program Specialist, Student Support Services 1999 -2004 ROP Business Teacher 1984 -1999 Attendance Technician 1980 -1984 CCROP /Garden Grove Unified School District 1983 -1984 ROP Business Teacher Santa Ana Unified School District 1973 -1980 Classified Positions EDUCATION AND CREDENTIALS California Administrative Credential Supervision & Coordination of Designated Subjects Credential Master of Arts, Occupational Studies California Teaching Credential, Designated Subjects- Vocational Bachelor of Vocational Education, Cum Laude Bilingual Vocational Instructor Training Program, CSULB ACCOMPLISHMENTS CSULB Graduate Dean's List of University Scholars 2001 Graduate Student Leadership/Norman R. Stanger Award 2001 Phi Kappa Phi — National Honor Society / College of Business Administration SAUSD /ROP Teacher of the Year 1996 -97 Orange County Department of Education - Outstanding Contributions to Education in Orange County 1996 League of Latin American Citizens, Outstanding Teacher 1986 Bilingual Vocational Instructor Training Coordinator's Award 1983 REFERENCES FURNISHED UPON REQUEST BIO JOHN M. DIDION As Executive Vice Chancellor of Human Resources and Educational Services for the Rancho Santiago Community College District ( RSCCD), John Didion serves as the district's chief human resources officer. His primary responsibilities include labor negotiations, employee recruitment, selection, and discipline, fringe benefit administration, and risk management. Mr. Didion is also responsible for the district's economic development programs, institutional research, and resource development activities. Mr. Didion has 27 years of administrative and teaching experience in California community colleges. Before joining RSCCD in 1997, he held administrative positions in the Long Beach Community College District and the Cerritos Community College District. He holds a bachelor's degree in journalism from the University of Southern California, a master's degree in Public Administration from California State University, Long Beach, and an Associate in Risk Management designation from the Insurance Institute of America. In addition to his duties with RSCCD, Mr. Didion serves on the board of directors of a number of professional and community organizations including the School's First Federal Credit Union, the City of Santa Ana Workforce Investment Board, the Alliance of Schools for Cooperative Insurance Programs, the Schools Excess Liability Fund, and Captive Insurance for Public Agencies. He is a Past - President of the Association of California Community College Administrators. Mr. Didion is a member of the Society for Human Resource Management (SHRM) and the California Community College Association of Chief Human Resources Officers /Equal Employment Officers. 13B -7 EDUARDO FIGUEROA Business Consultant & Public Streaker Hispanic Business Consultants SUMMARY Eduardo Figueroa holds a Masters Degree in Business Administration from the Instituto Panamericano de Alta Direccion de Empresas and a Chemical Industrial Engineering Degree from the National Polytechnic Institute, both in Mexico City. He is the founder of Hispanic Business Consultants and one of the few bilingual individuals dedicated to teaching individuals to become better employees, supervisors and managers through special, tailor -made programs in Spanish that he offers to a variety of companies on a regular basis, both in the USA and Mexico. He also teaches Hispanic entrepreneurs how to start up and grow a business. RELEVANT EXPERIENCE • Over the years, Eduardo has become a Latino business specialist by training and mentoring supervisors, leads, salespeople and managers. An array of well -known corporations have hired Eduardo for employee training, where he has conducted over 250 classes, workshops and seminars on topics such as self empowerment, leadership, management, conflict resolution, sexual harassment, sales, customer service and other subjects, both in USA and Mexico. • As for entrepreneurial training, he has developed 13 seminars and conducted over 300 classes and workshops - with more than 12,000 attendees - on themes ranging from personal motivation to how to start a business, ►narketing, finance, accounting, and business plans. • While working as a bilingual business consultant at the Small Business Development Center in Santa Ana, he assisted 2,000 clients on a one -on -one basis in individual consultations. He helped small business owners to prepare their business plans, resulting in over $2,500,000.00 in SBA loans, • To help educate the Latino community in Southern California, Eduardo has obtained various grants from the following organizations: $90,000 from the Orange County Workforce Investment Board in 2000; $45,000 from the WORKS Center in Santa Ana in 2001; $75,000 (in conjunction with the Delhi Community Center) from the Empowerment Zone of Santa Ana in 2002 -2003; and $100,000 frorn Wells Fargo in 2004 and for 2005. • He has presented his business courses and seminars through such organizations as the University of Southern California (USC), the Gary Center of La Habra, the Delhi Community Center in Santa Ana, the Inland Empire Small Business Development Center, Crystal Cathedral, Santa Ana W /O /R /K Center, Santa Ana College, Rancho Santiago College, Orange County Business Council, Orange Children and Parents Together, the Minority Business Development Center and various Hispanic Chambers of Commerce throughout Southern California. • He helped create 12 business segments for TV Channel 52 "Telemundo" (a Spanish language station) to inform and educate the community as to how to be successful in business. • He is also an instructor for the Premier FastTrac I and FastTrac II in Spanish, a national Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 516 -1 11 I z Fax (714) 516-1114 eduardo @eduardoftgtieroa.com " A,ww.cduardofgueroa.com entrepreneurial training program offered through the Kauffman Foundation to educate small business owners. Eduardo gives back to the community by volunteering on different committees, such as the Hispanic Chamber of Commerce of OC, the marketing committee at Cypress College and the Board of Directors of the former Banker's CDC of Orange County. He has also presented free seminars to the general public as wells as to high school and college students. EDUCATION • 1980 -1982: Masters Degree in Business Administration from the IPADE, a graduate institute affiliated with Harvard Business School in Mexico City • 1974 -1979: Chemical Industrial Engineering Degree from the Instituto Politdcnico National (National Polytechnic Institute) in Mexico City O'T'HER ACCOMPLISHMENTS In 2003, Eduardo founded "Latinos For Progress ", a 501. c(3) non- 1, Reach They - profit corporation, whose goal is "to educate and help Latinos reach 1-1 their full potential, through economic and personal growth ". On behalf of Latinos For Progress, Eduardo has ltd two conference.-,, nd x '` business expos and several entrepreneurial seminars while partnering , , Progress with other organizations to educate and provide business resources to Latino entrepreneurs in Spanish. SPECIAL TRAINING COURSES • Outstanding customer service course • Strategic planning • Leadership courses • Professional sales training • Public speaking course AFFILIATION /MEMBERS HIP • Hispanic Chamber of Commerce of Orange County • National Hispanic Business Women Association • National Society of Hispanics with MBA's • National Council La Raza Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 516 -11 1 1 ` Fax (714) 516-1114 eduardo @eduardofgucroa.com * www.eduardofigueroa.com � J 2 AWARDS • 2005 - NationaI Society of Hispanics with MBA's awarded Eduardo Elie "Brillante Award" as the business person of the year for his involvement in developing a better Latino Community. • 2003 - The Small Business Financial Development Corporation (a state loan guarantee program) awarded Eduardo for his outstanding work helping the Latino community. • 2002 - Hispanic Training Center, Inc. gave him a special "Award of Excellence" for his outstanding commitment, dedication and inspirational leadership. • 2001 - The Orange County Hispanic Chamber of Commerce gave him a special "Education Award" recognition. • 1999 - The Hispanic Chamber of Commerce of Orange County nominated him as the recipient of the "Ethics in America Award" from the Passkeys Foundation and Chapman University. • 1997 - The Small Business Administration honored Eduardo with the "Minority Small Business Advocate of 1997" Award. LULAC (League of United Latin American Citizens) gave hire a special recognition for his "outstanding contribution" to the Hispanic business community in Southern California. PUBLICATIONS • "Creando Tu Negocio Exitoso" (Creating Your Successful Business), a unique entrepreneurial home study course, in Spanish, consisting of 6 cassettes, 1 workbook, I video with interviews, and a CD with relevant articles and financial statements • Two 24 -hr. courses: "Creando Tu Negocio Exitoso I and 11" (Creating Your Successful Business I and 11), divided into eight three -hour sessions, including handouts • "Todos Podemos Lograr Lo Que Queranhos" (We Can All Get What We Want), a motivational cassette (60 Whin.) • More than 20 business and motivational articles published in various Spanish - language newspapers, including the business section of "La Opinion" newspaper, and in several magazines • A bilingual newsletter for entrepreneurs, managers and supervisors SOME CLIENTS University of Southern California (USC), the Orange County Workface Investment Board, Santa Ana WORK Center, La Habra Gary Center, Delhi Coniniunity Center, Wells Fargo Bank, Allstate Insurance Company, Orange County Business Council, Inland Empire Small Business Development Center, Banco Popular, Royal Prestige, Radio Lazer, JE Pistons, Sigue Corporation, Northgate Gonzalez Supermarkets, Fabrica International, Orlandi Valuta, Lulu's Dessert, PFF Bank & Trust, Tel6fonos de M6xico. Hispanic Business Consultants 2510 N Grand Ave Suite 105, Santa Ana, CA 92705 Phone (714) 5 16-1 1 l l E Fax (714) 516-1114 eduardoC-eduardofigueroa.com 4' www.eduardoliguerea.com Mir ffV V-J Bob Fischer Accurate Performance Machining, Inc. 2086 S. Grand Avenue Santa Ana, CA 92705 Phone: (714) 434 -7811 Fax: (714) 434 -7841 Email: bfischer @cncapm.com Mr. Bob Fischer is the President of Accurate Performance Machining (APM), Inc. APM manufactures machine shop products for companies in the Aerospace industry such as Parker, Smiths, Whitaker, Ancra, Goodrich, etc. The company has been growing at a very consistent pace. As a result, Mr. Fischer is looking at the possibility of expanding operations in order to meet increased demand. Mr. Fischer founded the company with a partner in 1996 after working for over 25 years in the Aerospace industry. His company currently provides job opportunities to 19 individuals, many of them Santa Ana residents. Mr. Fischer is aware of the challenges individuals face in the workforce system. Prior to starting his business, he was laid -off a couple of times during the declining years of the Aerospace industry. Fortunately, he was able to use some personal funds and his business experience to start his own company. Mr. Fischer is familiar with the local One -Stop Center: The Santa Ana W /O/R/K Center. He has been able to utilize the services of the W /O/R/K Center by advertising job openings and hiring individuals referred by the Center. Mr. Fischer has a Master's in Business Administration from West Coast University, and an Engineering degree from UC Santa Barbara. He is very interested in joining the Santa Ana Workforce Investment Board. He feels that the board will be a great opportunity to network with other business leaders in the community, and also a great opportunity to become involved in the policy making of procedures that will help Santa Ana businesses, as well as individuals in the community. 13B -11 bra =_ venue; San' o CA 92114 Professional Profile Relevant skills • internal and external organizing skills • Coalition building experience • Knowledge of the labor movement and campaign finance laws • Plan and run political campaigns • Media and message development experience Recent Professional Experience Orange County Federation of Labor, AFL -CIO September 2006- Present Political Director 699.274.1496 teferegebre@yahoo.com • Experience in analyzing and writing policies, ordinances and legislation • Comfortable working with elected, community, and labor leaders Achievements: • Planed, Developed and executed Labor 2006 • Achieved most of the strategic planning goals • Increased member contact by 78% from the past Election (CLF Poll) • Work with diverse group of labor leaders to create and achieve common goals • Double digit gain in vote among members receiving volunteer phone calls, union mailers at home and meeting with staff at the workplace • Created the Councils first Website • Created the Councils first Get - Active • Formed community alliances with over 25 community groups • Formed a 501(c4) issue based voter registration program with seed funding of over $250,000 • Raised over $400,000 for political programs • Help local unions in strategic planning • Making the Labor Council a home for OC progressive California Labor Federation, AFL -CIO July 1998- September 2006 Southern California Political Director Achievements: • Work with Central Labor Councils, State Councils and Local Unions to plan, develop and execute affective member mobilization programs • Developed local union specific voter registration and worksite structures • Work with diverse group of labor leaders to create and achieve common goals Responsibilities: • Coordinate the statewide objectives of the labor federation within Southern California 13B -12 Tefere Gebre- 6366 Sullivan Ave., San Diego, CA 92114 619- 274 -1096 Page 2 of 2 Laborers` International Union of North America- Local 270, San Jose, CA 1997-1998 Politiacal Director Achievements: • Increased voter registration and member involvement in political process • Implemented successful workplace education program Responsibilities: • Developed and implement issue -based educational campaigns for members • Conducted research, draft policy, and monitor legislation related to workplace rights • Coordinated local union efforts to influence construction and development in Santa Clara and Santa Cruz Counties • Facilitated local union involvement in community planning and outreach efforts Frontlash INC, AFC -CIO Executive Director Achievements: • Started over fifty Frontlash chapters in colleges • Managed successful corporate campaigns. (Nike, Gap, and others) • Registered over 50,000 young people to vote in targeted congressional districts Responsibilities: • Managed and supervised 25 national and field staff • Coordinated with national unions and central labor councils • Recruited and hired headquarters and field staff Raised project -based funds • Prepared and submitted annual budget to the AFL -CIO and Frontlash Board of Directors • Created materials to notify workers and contractors of their rights and responsibilities California State Assembly Speakers Office of Majority Services Legislative Aid Responsibilities: • Write bill analyses • Represent Assembly Speaker Willie Brown as assigned • Research bill ideas for Democratic Members of the Assembly • Coordinate and direct voter registration drives in swing districts in Southern California 13B -13 Tefere Gebre- 6366 Sullivan Ave., San Diego, CA 92114 619 -274 -1096 Page 2 of 2 Education University of Southern California, Los Angeles, CA- 1995 MBA, International Marketing California State Polytechnic University, Pomona, CA- 1992 BS- Internal Marketing Honors /Achievements Board Member- Orange County Communities Organized for Responsible Development Raising Star Award- California Young Democrats- 2006 President- California Young Democrats- 1994 -1996 Founding Member- 2030 Center NCAA All American- Cross Country-1988 -1990 NCAA All American- Track and Field - 1988,89,90 References References are available upon request 13B -14 Dr. Ana Jimenez -Hami Summarized Biography Dr. Ana Jimenez -Hami is the Founder and Executive Director of the Orange County Children's Therapeutic Arts Center, a community -based organization in Santa Ana dedicated to empowering at -risk youth and children with special needs through Arts, Literacy and Technology programs. She is also a part -time faculty at Chapman University in the School of Education. Dr. Jimenez completed her undergraduate and masters degrees in Psychology and Music Therapy from Florida State University in 1986; and received a Doctoral degree in Educational Psychology and Special Education from the University of Southern California in 1993. Dr. Ana Jimenez has been recognized continuously in the community for her contributions in the fields of Arts and culture, Social Service, and Education. She is a recipient of the National Hispanic Business Women Association award for Organizational Entrepreneurship (May, 2007); a National award by the Heartspring Foundation for Creativity in Special Education (July, 2007), and a Faculty Award from Chapman University (June, 2007). Other awards include: a (2006) Community Building award by the City of Santa Ana for her contribution to the Santa Ana community; a Human Relations award from the Orange County Human Relations Commission (2004) for promoting equality, human rights and social justice, and a Community Building award in the fields of Arts & Culture by the National Organization of MANA (2003). Dr. Jimenez has also been nominated "Woman Who Make a Difference" in Orange County, and awarded a Certificate of Special Congressional Recognition and Outstanding Leadership. Her passion is to bring artistic and educational programs to families of limited resources; empower at -risk youth through educational programs and leadership development, and research educational methods that empower the Latino community to succeed in the academic world and reach for higher educational goals. 13B -15 Greaory N. Lewis-,,__C /PFS. CFP Audit & Assurance Shareholder & BUSIN PUBLIC ADiSOCOUNfANrS lC BuSiNE55 ADVISORS 1611 E. Fourth Street, Suite 200 Santa Ana, CA 92701 T: 714.569.1000 F: 714.542.1040 http,i/%vww.eiiscpas.com giewis @eliscpas.com Gregory Lewis has been part of the ELLS team since 1978, and an officer and shareholder since October, 1984. With over 30 years of experience in public accounting, Greg's areas of expertise include audits, reviews and compilations, buy /sell agreements, personal and corporate financial planning and wealth preservation, business advising and strategic growth strategies, profitability analysis and corporate budgeting. Greg serves on the board of directors of the Santa Ana Workforce investment Board, whose vision is to create a workforce in Santa Ana that achieves world -class status and actually surpasses the needs of local employers. Education • Bachelor of Arts in Business Administration (Accounting and Finance), California State university, Fullerton Professional Associations & Affiliations • Firm member, CPA Associates International (CPAAI) • Member, American Institute of Certified Public Accountants (AICPA) • Member, California Society of Certified Public Accountants (CaICPA) • Member, Beta Alpha Psi, National Accounting Honors Society • Member, Rotary Club of Anaheim • Board of Directors, Santa Ana Workforce Investment Board, 2000 to present • Designation, Certified Financial Planner (CFP) • Designation, Personal Financial Specialist (PFS) • Series 7 Securities license • Registered Representative and a licensed Life Agent Fe" Tar. Daniel Solkamaws Board Certified Chiropractor 1717 Old Tustin Ave. Santa Ana, CA 92705 SUMMARY ON Doctor of Chiropractic degree with an emphasis on correctional cam and sport ACH&W,N1X3NTS related injuries. Honorable Discharge from the United States Marine Corps Reserve EDUCATION WITH Tho American Academy of Neurod.iagnost is Testing, February 2003 5FPARATION DATES Industrial Disability Examiner/Qualified Medical Examiner Course, Novomber 2402 Los Angeloi Collage of Chiropractic, IDt comber 2000 Fullerton Collejge, June 1906 Now Collego orcalifornia science Institute, June 1995 Rancho Santlago College, June 1992 School of Infantry, United States Marino Corps, Jaecerilbc r 1991 Boot Camp of the United States Marine Corp!, Scptombor 1991 Lutheran High School of Orange County, June 1991 RELATED Worked in a chiropractic office from 1993 to 1998 were, I achieved the position of EXPERIENCE office manager. At this employment I was in charge of all front and back office procedures for a high volume personal and A%A- injury practice. Since Januwy of 2001 1 am the solo owner of an incoWatod chimpraotio practice In the City of Santa Ana dealing with spittal and general health and wellness. VOLUNTEER WORK Member and Ambassador of the Santa Ana Business Alliance (Chamber of Commerce) sine 2005 Member of the California Chiropractic Association Member of the World Chiropractic Alliance Iron Man Triatlrkrn whero I performed free Chiropractic therapy to the competing atlrlotcs. Salmation Army Homeless Shelter where l domted time, performing Chiropractic services to homeless people. Orange and Los Angeles Counties AIDS clinics where I gave Chiropractic treatstiertt to AfDS victims. Oftioial chiropractor for Ommngo Luthemn High School's athletic program where i treat the athletes for a variety of sports injuries. Official chiropractor for Barra Grad Jujit -Su studio, Santa Ana wherr I treat athletes for injuries, normally to their necks and upper extrcinities ACFIVi r]M Passed Officer of California Chiropractic Association, Orange County Chapter Was treasurer of Student American Chiropractic Association during the 1997 school yam. CERTIFICATIONS Certified Neurodiagnostic Evaluator, ?he American Academy of hcnrrodlagrrc�stio AND DEPLO114AS Testing Certified Industrial Disability F— xaminer; California Chiropractic Association Chiropractic License; State of California; 4 DC- 28174. Radiography Supervisor and OWator's License; State of California; # RHC- 160791 Doctor of Chiropractic;1,os Angeles College ofChiropracti<:. Certiftoatto of Internship; Los Angeles College of Chiropractic. Certificate of Attainment; Nhtionai Board. of Chiropractic Examiners. . mociates 1?egme, Chemistry; Fullerton College Certificate of Completion; Now College of California Science Institute flonorable Discharge; United States Marine Corps 1-Ugh Sohool Diploma; Orange Lutheran High School 13B -17 19 :9 toe� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 ,�1 � , 011004 To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: January 20, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS -7. j� ? The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence February 1.. 2008 and prior Correspondence/ February 1, 2008 and prior Chronological Files Councilmember Self- explanatory Council Requests Mayor Inquiries processed for Mayor February 1, 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers February 1, 2008 and prior Correspondence General Correspondence Self- explanatory February 1, 2008 and prior Staff Inquiries processed for Staff February 1, 2008 and prior Monthly Status City Manager Self- explanatory February 1, Reports 2008 and prior Payroll Records Council /Staff Self- explanatory February 1, 2008 and prior February 1, Travel Folders Council /Staff Self- explanatory 2008 and prior APPRO David N. Rears Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: Joseph W. FletWet Date City Attorney , AUDITED BY: Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Sharon Hennegen Date: January 11, 2010 Re: REQUEST FOR DESTRUCTION OF RECORDS The Clerk of the Council requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE AND MANAGEMENT SERVICES (July 2009) RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ACCOUNTS Cash Requirement Lists paid invoices by vendor. Dec 2006 and prior PAYABLE (AP 50) Dec 2007 Direct Payment Voucher Generates payment to City vendor /creditor used in lieu of and prior P.O. when item & vendor known. Petty Cash Receipts Reimbursements for authorized expenses under $75.00 Dec 2007 and prior Purchase Requisition Agency requests to FMSA to locate best vendor for Dec 2007 and prior identified goods /items Travel Request and Expense Self- explanatory Dec Report and prior Material Release Forms Order for item directly from City approved vendor list and prior Purchase Orders Authorize purchase of goods or services and prior PREPARED BY: AIA 9\A 1) J& 1A (%/1 AA Sharp n Hennegen Date Administrative Services Man r Purchasing Division RECORDS DESTROYED: Number of Boxes 19C -6 CONSENT BY: Date APPROVED BY: . 4 seph Fletcher Date City Attorney j 4. MEMORANDUM To; Laura Sheedy, Assistant City Attorney City Attorney's Office From: Executive Director of Finance & Management Services Subject: REQUEST FOR DESTRUCTION OF RECORDS Date: January 4, 2010 The Finance & Management Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Francisco Gutierrez Attachments C: Christine C. Duarte, Treasury Division 19C -7 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY — TREASURY DIVISION 2009 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES BANKS Daily Bank Balance Report Reports of daily banking activity. June 2006 and Prior Deposit Slips Treasury's copy of all City deposit slips sent to bank June 2006 and Prior Returned Checks Copies of customer checks returned b bank, letters sent p� Y June 2006 and Prior to customers and other miscellaneous documents Statements Statements relating o investment banking. 9 9� June 2006 and Prior Transfer Activity Records Documents pertaining to the wiring of funds to /from bank p 9 9 accounts June 2006 and Prior June 2006 BUSINESS Monthly Register Miscellaneous Business License Account Summary and Prior LICENSE TAX Reports Information reports. Deletion Records Deleted and /or cancelled accounts. June 2006 and Prior Gross Receipts & Variable Assessments Business License Tax statements filed by business operators. June 2006 and Prior Statements Miscellaneous Receipts Receipts for miscellaneous payments. June 2006 and Prior Original Applications Original business license tax applications. June 2006 and Prior Payment Records Statements relating to calculation and payment of business license tax. June 2006 and Prior Renewal Registration Statements relating to business owner information June 2006 Records and Prior Payments / Daily Cash Receipts Business License Tax payments received and processed via Treasury cashiers. June 2006 and Prior CHECKS Voided / Canceled Checks voided /canceled; issued by the City; includes June 2004 Checks & Related Housing Authority, Workers Compensation, Payroll and and Prior Reports Vendor; includes checks voided as a result of printer misalignment. 19C -8 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES CHECKS (cont.) Paid Paid checks issued by the City includes Housing Authority, Workers Compensa #ion, Payroll and Vendor June 2004 and Prior checks. Transmission of all checks issued by City to Bank. List of all City checks issued to allow bank to clear checks through account for Positive Pay purposes. June 2006 and Prior DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination records. and P o06 Reports Daily payment information; unpostables; renewals; noncompliance; tag list; penalties June 2006 and Prior Payments / Daily Cash Receipts Dog License payments received and processed via Treasury Cashiers. June 2006 and Prior Cancellations Dog Licenses cancelled June 2006 and Prior HOTEL VISITORS TAX Filing Records Original Registration June 2006 and Prior Payment Records Monthly filings and remittances June 2006 and Prior WATER ACCOUNTS Applications for Service Original copies of applications for installation of new water service originated by Public Works June 2006 and Prior MUNICIPAL UTILITY ACCOUNTS Billing Register Reports Computerized reports detailing accounts billed & respective charges June 2006 and Prior Work Orders Investigations of water meter notices and meter exchanges June 2006 and Prior Customer files Miscellaneous information / correspondence regarding customer accounts June 2006 and Prior Deposit Reports List of Municipal Utility Service accounts that have a deposit June 2006 and Prior Payment Report Lists daily receipts processed via Treasury Cashiers to Municipal Utility Service accounts by account number June 2006 and Prior Payments Daily receipts processed to Municipal Utility accounts by Services account number June 2006 and Prior Municipal Utility Services Municipal Utility service Refunds requests and backup information June 2006 and Prior Aging Report Lists balances of all Municipal Utility Service accounts June 2006 and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury June 2006 and Prior PARKING CITATIONS Collections Itemization of citation payments collected by contract service agency June 2006 and Prior 19C -9 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES PARKING CITATIONS Register Parking Citation Payments process by Treasury Staff and 206 0 (cont.) Amounts Written -off Re Dort List of parking citations written -off by DMV and p2006 DMVns Referred to Itemization of citations referred to DMV for collection and P o06 DMV Collections DMV parking citation Collections and p21006 REFUND REQUESTS Business Tax Office- Utility Users Tax; & Misc. Refunds Refund requests to Treasury Division; includes supporting documentation June 2006 and Prior TREASURY Daily Treasurer's Reports Report of daily revenues received with detail payment information and related working papers June 2006 and Prior Treasury Investment Activity Records All documents pertaining to Investment Activity June 2006 and Prior UTILITY USERS TAX (UUT) Exemption Applications Homeowners low income exemptions applications June 2006 and Prior Filing Records Original registrations June 2006 and Prior Maximum Tax Filings Annual registration and maximum tax payment records June 2006 and Prior Payment Records Monthly filings and remittances June 2006 and Prior PREPARED BY: X.Itk*W: (-4-V Minerva H. Mancha Date Treasury Services Supervisor RECORDS DESTROYED: 25 Number of Boxes 19C -10 CONSENT BY: Francisco Gutierrez Date Executive Director Finance & Management Services APPROVED BY: ,Joseph Fletcher Date City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: February 1, 2010 TITLE: QUARTERLY REPORT ENTERED INTO BY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ A OF CONTRACTS [] r Amended Ordinance on 15t Reading THE CITY ❑ Ordinance on 2" d Reading ❑ Implementing Resolution ❑ Set Public Hearing For 1 �Gc CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between October 1, 2009 and December 31, 2009, valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between October 1, 2009 and December 31, 2009 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by the City Council. 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N N N N n Z O H CL GC v cn w 0 F CO N T f� Z O D O O a L) w C Z Z U W C7 o Q O w CL m a � fv Z w a d � w H a w Q Z w O 0 Z W c c ° o Q Q Z3 -0 d cn tT5 y O � rn Y (o t N O L Q m -0 0 O N C u) ffS y w to N Q U (n _ O Y 0_ O C � a O O U a) n w -0 a) E U _ (n O 'p E a) 5, N O N m O O HOw0U= > N (D U) f- O LO 00 T M Iq O In O O 0 0 0 U') 0 v O O N O to O N 0 t` CO ;f O w 00 M M LO 00 w I- T U7 N T N r I-i N N T T 16A ffi 69 64 61) Efi 613� 69-61).61) (A ffi 69 Unn U0 (U)U)Qu ¢ U LL M U d LL LL U- d LL M m m m 00 O r %T N N M U) U) O O M LO O O r O r N r r N T M N 7 I,- rl- r- O f` f` r- f` r- I- r- r- C) O O O O O O O O O O O O r r T T r r T T r r T T r r T r T T r r r T r r r r 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N T T T r T r r T T r r T T O C C a) CL _ O E Q O� U g a cu O U- �+ Cl O cn o6 w L O C w fT N 3 � a) d U "O C1 ;p cn C fn w C1 Q 0 C C E .0 a 0 � E N Qc yV� ��w QCLJC) m E0 cma)E���a E c0i cm� U C C N N O a) 2 cu 2 U.` a) a) in a) C) o Y.6 Oafn?:QmU tea. 5-j I- 00 fA O T N CO V U) (0 r- 00 fA r r T N N N N N N N N N N N N N N N N N N N N N N N • J f` i Lei Ifisit REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2009 r V r f CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s1 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the seven major elements listed below: • Type of investments, • Date of maturity, • Par and dollar amounts invested in each security, • Weighted average maturity of the investments, • Market value as of the date of the report, • Source of the market value information, and • Any funds, investments or programs, including loans, under the management of contracted parties. State statutes require that a quarterly report be presented at a Council meeting; however, our office continues to provide this information monthly. The information is in compliance with State law and the City's Investment Policy. The attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of December 31, 2010. 19E -1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19E -2 CITY OF SANTA ANA TREASURER'S REPORT as of December 31, 2009 EXHIBIT 1 19E -3 C E ca o a 0EN cc E In co r Cl) g 0 `m O C .O E d v 0 O CL U_ �F } r R w 0 .o E H O e O a O 7 Co 10 m ° m o °r O Un A : In O CO O '- 0 0 -00 COLO M M ` Ln I CO V co o N N C M M Ov O O CO O C Co CO I Iv M O Ln LP) M CD M Y 7 co LO 0 C. C. M O O 10 C O N N O O L E Go O r O O N O 0 n a] w � LO 0 M N M � (D lO N O OO (D L(l M V w D) O N N M O ( M ant O O t O � O (D O O O N N O co M h W O T CO > C w O �2 M O C U C Co CO I Iv M O Ln LP) M CD M Y 7 co LO 0 C. C. 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E 0 U N L F- N d 3 Z m N U) 9E -i O O 0 0 O O 0 0 0 0 0 0 0 O O O 0 0 O 0 rn m cm N O Q n o y r co 0 a C U- V rn S U Z 0 I 00 Y C m C O 0 0 0 0 O O 0 m O1 Q a cc m £ m C O a LL m W w 0 0 N 2 W a a z a a F- Z a d 7 N T C R CL E 0 U a+ N F- E N (D 3 Z m N F- O I O 0 0 °o °o 0 0 0 0 0 n n N Cl! Lo w � O n n N N Ln N CO OD N N co co M m o cn N O Q n o o r O a fA C LL. E m s i m I U Z N af0i N 0 co Y co C m O 16 U) U c}i) 0 c� 0 N M s m U o °o Q N u 0 > o ar 1 a E O � a s LLI a o o ❑ c °o 0 ❑ n N Lo O N h N co d Ol L > Q 9 c m c m E d C O f- 0 c� 0 N M s m REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACTS RENEWAL FOR ROCK, SAND AND AGGREGATE BASE MATERIALS (SPEC. NO. 06 -190) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2Ild Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with West Coast Sand & Gravel for rock, sand and aggregate base materials for a one -year period in an annual amount not to exceed $50,000. DISCUSSION The Public Works Agency's Water Resources Division provides maintenance and repairs on the City's 450 -mile water system. In performing duties for general replacement and emergency water main repairs, the agency requires an assortment of road materials. Rock, sand and aggregate base materials are used as backfill when repairing asphalted surfaces. The contract for rock, sand and aggregate base materials is designed to provide quality products at significant savings based on quantity pricing. On February 20, 2007, the City Council awarded a contract to West Coast Sand & Gravel for a one -year period, with provision for four one -year renewals. West Coast Sand & Gravel has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the third renewal of the contract. FISCAL IMPACT Funds are available in the Sanitary Sewer Services and Water Systems maintenance accounts (nos. 05617640 -63001 and 06017641 - 63001). Raul Godinez', I Executive Dir'� for Public Works Agency RG/WO/06- 190.R3.9: APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director finance & Mgmt. Services Agency 22A -'� 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AWARD FOR WATERWORKS FITTINGS AND SUPPLIES (SPEC. NO. 09 -059) CITY MANAGER RECOMMENDED ACTION Award contracts for period, with provision as follows: Vendor: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'� Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER waterworks fittings and supplies for a one -year for four, one -year renewals in the annual amounts H.D. Supply Waterworks S &J Supply Company, Inc. DISCUSSION Location: Amount: Santa Ana $35,000 Santa Fe Springs $30,000 Last year, the Public Works Agency (PWA) Water Division delivered 40,438 acre -feet of water to businesses and residents in Santa Ana. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as valves, adapters, couplings, and clamps. The materials are purchased through the Central Stores warehouse for distribution. The contract for waterworks fittings and supplies is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on November 24, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 5 Bids received 3 Bid received from Santa Ana vendors 22B -1 Contract Award for Waterworks Fittings and Supplies February 1, 2010 Page 2 Bids were received, opened on December 15, 2009, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bids received from H.D. Supply Waterworks, a Santa Ana vendor, and S & J Supply Company, Inc. are responsive to the specifications in their respective categories and meet the City's requirements. The annual amounts are based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 06017641 -63001 and 06017644- 63001) . Raul Godinez I Executive Direc r Public Works Agency RG /WO /09- 059.9: G I APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ABSTRACT OF BIDS CONTRACT AWARD FOR WATERWORKS FITTINGS AND SUPPLIES (Spec. 09 -059) Vendor H.D. Supply S &J Supply Ferguson 3,392.04 Waterworks Company, Inc. Waterworks Location Santa Ana Santa Fe Springs Santa Ana Payment Terms Net 30 Net 30 Net 30 CENTRAL STORES STOCK ITEMS 890.00 A CATEGORIES - FITTINGS $ B Gaskets A Repair Clamps 20 X 057.83 $ 20,981.82 $ 21,862.00 B Service Saddles $ 865.44 $ 726.601 $ 990.60 C Clay Pipe Couplings $ 73.92 NO BID $ D Clay Pipe $ 408.00 NO BID 108.00 $ 396.00 CATEGORIES - SUPPLIES A Flanges B Gaskets C Sleeves D Tees E Gate Valves F Miscellaneous Total Cost Estimated Annual Usage -Stock Items (Including Sales Tax) Vendor Location Payment Terms $ 897.60 $ 290.00 $ 3,392.04 $ 1,126.44 $ 23,851.98 $ 461.00 $ 26,298.83 $ 35,000.00 Well S I s upp y Company Santa Ana Net 30 21,371.55 799.20 90.00 NO BID 1,063.80 NO BID 4,048.80 1,344.00 23,970.30 NO BID $ 966.84 CATEGORIES - FITTINGS 1,263.18 A Repair Clamps $ B Service Saddles $ C Clay Pipe Couplings $ D Clay Pipe 28,122.00 $ 1,113.00 CATEGORIES - SUPPLIES 890.00 A Flanges $ B Gaskets C Sleeves $ D Tees $ E Gate Valves $ F Miscellaneous s upp y Company Santa Ana Net 30 21,371.55 799.20 90.00 NO BID 1,063.80 NO BID 4,048.80 1,344.00 23,970.30 NO BID $ 966.84 $ 1,263.18 NO BID $ 370.00 $ 3,693.36 $ 4,536.00 $ 1,232.88 $ 1,548.00 $ 22,456.40 $ 28,122.00 $ 1,113.00 $ 890.00 $ 23,183.00 $ 1,242.00 $ 30,000.00 Masta Distributors Diamond Bar Net 30 $ 20,627.10 NO BID NO BID NO BID Ica NO BID NO BID NO BID NO BID NO BID NO BID $ 396.00 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: February 1, 2010 TITLE: CONTRACT AWARD FOR EARLY LITERACY STATION LAPTOPS (SPEC. NO. 09 -065) CITY MANAGER RECOMMENDED ACTION 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 Award a contract to Advanced Workstations in Education, Inc. (AWE) for the purchase of ten bilingual Spanish Early Literacy Station laptops in the amount of $34,001.25. DISCUSSION The Santa Ana Public Library responds to the community's informational, educational, and personal interest needs using books, materials, technology, and professional expertise. In November 2009, the California State Library awarded the Santa Ana Public Library $69,987 to provide services to promote life -long learning, literacy, educational support, and technology access for Santa Ana residents. The "Tiny Tots Connect" program portion of the grant funds ten Bilingual Spanish Early Literacy Station U4 laptops for pre- school age children. Teen volunteers mentor the pre- schoolers to achieve early literacy skills. AWE develops products that anticipate the literacy needs and content requirements of children. The Bilingual Spanish Early Literacy Station TM laptops, which can be checked out for onsite use, allows expansion of a program of six existing AWE early literacy workstations, within the space constraints of the Central Library. Each laptop includes more than forty - five pre - installed educational software, spanning seven curricular areas and is highly rated by Children's Technology Review. The system requires no technical support and will include a three year warranty. Staff recommends council approval of this action. 22C -1 Contract Award for Early Literacy Station Laptops February 1, 2010 Page 2 FISCAL IMPACT Funds are available in the Connect Services & Technology account (no. Gerardo R. Moue Executive Director Parks, Rec. & Comm. Services Agency to Your Future! program in the Library 15411192- 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AMENDMENT FOR INSTALLATION OF VIDEO SECURITY SYSTEM (SPEC. NO. 08 -059) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with LDM Engineering Inc. for additional hardware and installation services on a video surveillance security system in an amount not to exceed $70,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti- terrorism equipment, planning, training, and exercises. Santa Ana has been designated as an Urban Area Core City for the past eight years. The City of Santa Ana has fiscal responsibility for the FY07 UASI grant for the Santa Ana / Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. On November 17, 2008, LDM Engineering was awarded a $325,000 contract to upgrade the computer and radio service room to house an expanded security camera system. However, staff identified a need to increase the scope during the installation process to include the purchase and installation of EMT (Electronic metallic Tubing) conduit. Approximately $5,000 is included for annual maintenance. The Video Security System is now operational and enhances the protection of the Police Administration Facility. 22D -1 Contract Amendment for Surveillance System February 1, 2010 Page 2 FISCAL IMPACT Funds are available in the FY 2007 Grant Fund account (no. 12514486 66400). c �\ Paul M. Walters Chief of Police PMW /KM /08 -059A APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AWARD FOR MID CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENTS (PROJECT NOS.10 -7554 AND 07- 7577) �z f /2tr -�'� CIT Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ITaaZ; ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2 d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid lump sum prices for the base bid plus add -on alternate one in the estimated amount of $1,310,298 for construction of Mid City Neighborhood Improvements and Edinger Avenue Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $1,764,768. DISCUSSION This project is part of the City's $100 million investment to rebuild neighborhood streets throughout the City. Segments of local streets located within the Mid -City Neighborhood in the area bounded by Bristol Street, Raitt Street, Edinger Avenue, and McFadden Avenue, and a portion of Edinger Avenue east of M, priority for rehabilitation (Exhibit 1) . The pavement heavy usage. Some of the gutters and wheelchair ramps require replacement. hawk Street have been identified as a high in the City's pavement management system is deteriorating due to weather, age and adjacent curbs, gutters, sidewalks, cross are also in various states of disrepair and The project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re- establishing the survey monuments. Once completed, these improvements will enhance the ride quality, surface drainage and visual appearance of the neighborhood. 23A -1 Contract Award For Mid City Neighborhood and Edinger Avenue Improvements February 1, 2010 Page 2 The Notice Inviting Bids was advertised on December 14 and 16, 2009, and bids were opened on January 6, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 6 Bids received: 5 Bids received from Santa Ana Contractors: 1 NAME OF BIDDER 1. All American Asphalt 2. Hardy & Harper, Inc. 3. R.J. Noble Company 4. Excel Paving Company S. Elite Bobcat Service CITY Corona Santa Ana Orange Long Beach Corona TOTAL BASE BID PLUS ADD ON ALTERNATE ONE $1,310,298 $1,349,000 $1,389,826 $1,485,590 $1,524,735 A total of five bids were received and all were responsive. The lowest bid was submitted by All American Asphalt, for $1,310,298, for base bid plus add -on alternate one, which is below the Engineer's estimate of $1,525,240. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review Nos. 2009 -164 and 2010 -17 will be filed for the project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Contract Award For Mid City Neighborhood and Edinger Avenue Improvements February 1, 2010 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $1,764,768 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund Recovery Act (accounting unit 13518787- 66220) and the Community Development Block Grant (accounting unit 13518783- 66220). r Raul Godinez I Executive Director Public Works Agency Cynt is J. Nelson Deputy City Manager Development Services Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez -,-D Executive Director Finance & Mgmt. Services Agency K: \Construction \RFCA - draft \02 -01 -10 75WD MidCity 30WD Edinger 10- 7554.docx S�i 23A -4 E- H a rr MCFADDEN AV v7 J O H v7 cc GO EDINGER AV PROJECT NO. 10 -7554 - MID-CITY NEIGHBORHOOD IMPROVEMENTS PROJECT LOCATION a V ' >L_ BORCHARD AV Q � Y H00 N i T7 EDINGER AVENUE 3 CENTENNIAL ROAO 4¢ PROJECT NO. 07 -7577 - EDINGER AVENUE IMPROVEMENT LEGEND: STREET IMPROVEMENTS PROJECT LOCATION SANTA ANA CITY COUNCIL Title: P W A AGENDA DATE: MICW KS'MNCY FEB. 1, 2010 F=Y;41RIT 1 MID -CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENT (PROJECT Nos. 10 -7554 AND 07 -7577) FUNDING ANALYSIS PROJECT NOS. 10 -7554 AND 07 -7577 MID CITY NEIGHBORHOOD IMPROVEMENTS AND EDINGER AVENUE IMPROVEMENTS Construction Contract (10 -7554) Construction Contract (07 -7577) Contract Administration (10 -7554) Contract Administration (07 -7577) Inspection and Testing (10 -7554) Inspection and Testing (07 -7577) Survey Staking(10 -7554) Survey Staking (07 -7577) Contingencies(10 -7554) Contingencies (07 -7577) TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 2 $1,207,300 $102,998 $24, 960 $2,085 $36,800 $3,200 $59,800 $5,200 $301,825 $20, 600 $1, 764,768 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR - PHASE 12 (PROJECT NO. 10 -6718) v CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add - on alternate one in the estimated amount of $2,929,195 for construction of Residential Street Repair - Phase 12. 2. Approve a Funding Analysis with a total estimated construction cost of $3,515,000. 3. Approve an Appropriation Adjustment recognizing unanticipated revenues and reimbursements from tenants at the Santa Ana Regional Transportation Center in the amount of $76,950 in various revenue accounts and appropriating $76,950 to pay for parking lot surface repairs (accounting unit 06718870- 62320). DISCUSSION This project is part of the City's ongoing commitment to rebuild neighborhood streets throughout the City. Segments of local streets located in neighborhoods north of McFadden Avenue and east of Flower Street have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, cross gutters, and curb ramps are in various states of disrepair and require replacement. This neighborhood project provides for recycling of existing asphalt pavement with the cement treated base reconstruction process, and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Bid alternate one provides for re- establishing the survey monuments. Once completed, these improvements will enhance the ride quality, surface drainage, and visual appearance of the neighborhoods. 23B -1 Contract Award For Residential Street Repair - Phase 12 February 1, 2010 Page 2 Included in the project is parking lot pavement repair at the Santa Ana Regional Transportation Center (Exhibit 2). To obtain the lowest possible price, this repair was included in the scope of this project at a cost of $76,950. To allocate funds for this repair, an Appropriation Adjustment (AA) is needed. The AA recognizes $73,450 from unanticipated rent revenues at the Transportation Center and $3,500 in reimbursement from A White and Yellow Cab Company for their portion of the repair costs. The Transportation Center pavement is deteriorating due to weather, age, and heavy usage of taxi and buses. This portion of the project provides for construction of new asphalt pavement at two entrances /exits. The Notice Inviting Bids was advertised on November 23 and 25, 2009, and bids were opened on December 17, 2009. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 14 Contractors requesting bidding documents: 15 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER CITY TOTAL BASE BID PLUS ADD ON ALTERNATE ONE 1. All American Asphalt Corona $2,929,195.00 2. Hardy & Harper, Inc. Santa Ana $2,967,375.00 3. R. J. Noble Company Orange $3,097,880.50 4. Elite Bobcat Service, Inc. Corona $3,106,957.00 5. Imperial Paving Co., Inc. Santa Fe Springs $3,171,670.00 6. Excel Paving Company Long Beach $3,339,395.00 A total of six bids were received and all were responsive. The lowest base bid plus add -on alternate one was submitted by All American Asphalt, for $2,929,195, which is below the Engineer's estimate of $3,142,240. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2009 -181 will be filed for the project. W Contract Award For Residential Street Repair - Phase 12 February 1, 2010 Page 3 FISCAL IMPACT The appropriation adjustment will enhance The Depot's Operations revenue accounts (accounting units 06718002- 53802, 06718002- 53809, 06718002- 53820, 06718002 - 53819, and 06718002- 57990) by $76,950 and increase the appropriation account for M & R Building and Grounds (accounting unit 06718870- 62320) to pay for the Transportation Center repair. The funding analysis shows a total estimated construction cost of $3,515,000 for the project (Exhibit 3) . The remaining funds are available in the Public Works Account for Project Restore (accounting unit 05817661- 66220) , and the Proposition 42 Fund (accounting unit 02817660 - 66220). Raul Godinez I Executive Director Public Works Agency K:\ construction \RFCA - draft \10 -6718 100WD APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency L � J W : i %N i lk Z 99VVLAPII. ET � NEL IOTAOPE d i Fl ® N iN MRV 0.Y0 _ 1 «s (sp° AV © ~ i > I j ET KE " N A ` ' ET .or i% APEM BT� SANTA M— A, I I ❑ O J SANTA 11 AV L ❑ a SANTA CLAM AV F-I ` r �`�0 � E o Av � " Av > Avba W AV � AV ON yyy g y sT " LV V J CATAL IM Av l A PORTOLA Av _ TAL IM urAL Sul ¢ tD Wy _ S i , i16T 8i 215T S _ e{ L MTN 8T ` �j TN Sf �3p SNIT" S 19TH 8T � Z - � i Q � Q > J a Z T 17TH ST � 1 N sr nTN sr $ Q _ z ' ITN ST I.TN ST IWT AV In o VELL INOr AV H ASH] GTON r 4 W INOT Av W S T ] iN Z E ~ 1011! LN r t` r r sT vlulr sT a rnulr T FAUIT ET ® ® ®a $ g � T � � i Iw` '9 IpE(COIgT � 81M T Nil .TN T .T T®D®�LLE lW®� !TN ET aEl or ED E DR 1�- ��'���y L�9 .TM T 1TN i ] ®B L IS�J e ® 7R0 ST r MO ET N T p ao00 �W !T I,lY'1 lI� 1sT sr 4 '„ ` 1ST ST L BB (!0E1ldljl DD W m NUr F111LH1L�El111E1 V1LNI1 L_ \ i IET Er C ®®DDmm • S HE I p' ]a LAY 9T mmnnmmrr�r�l��®�� y£� CNESi ` ] AMI T LEGEND ] '� EDEN ST - PROPOSED IMPROVEMENTS ln® MINTER AV ® SANTA ANA REGIONAL TRANSPORTATION CENTER EXHIBIT 1 SANTA ANA f" 1 CITY COUNCIL CONTRACT AWARD FOR PWA AGENDA DATE: RESIDENTIAL STREET REPAIR FEBRUARY 1, 2010 RECONSTRUCTION PHASE 12 PUBLIC VMS ACEIICT (PROJECT NO. 106718) LEGEND: - PROPOSED IMPROVEMENT'S SANTA ANA CITY COUNCIL P^ V AGENDA DATED FEBRUARY 1, 2010 PUBLIC WMS AGENCY EXHIBIT 2 CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR RECONSTRUCTION PHASE 12 (PROJECT NO. 106718) FUNDING ANALYSIS PROJECT NO. 10 -6718 RESIDENTIAL STREET REPAIR - PHASE 12 Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS Exhibit 3 23B -7 $2,929,195 $52,885 $150,000 $90,000 $292,920 $3,515,000 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: SECOND AMENDMENT TO AGREEMENTS FOR ON -CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS Vic. °?1�✓ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreements with Tetra Tech, Inc. and Psomas Engineering for water and sewer engineering services in the amount of $200,000 for each firm. DISCUSSION On July 17, 2006, City Council awarded contracts to Psomas Engineering and Tetra Tech, Inc. to perform water and sewer engineering services on an "as needed" basis. Each contract was for $300,000. On November 17, 2008, City Council approved the first amendment to each contract for an additional $200,000 bringing the total contract amount to $500,000 for each firm. As a result of these agreements, the City has completed design and is in the process of constructing nearly $20 million in infrastructure improvements. These improvements include water and sewer main replacement projects, reservoir rehabilitation, booster station upgrades, and recycled water conversion projects. Staff recommends that each contract be increased by $200,000 for a total not -to- exceed amount of $700,000 for each firm. Both these firms have done an excellent job and have responded quickly and effectively to the City's needs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25A -1 Second Amendment to Agreements for On -Call Engineering Services for Water and Sewer Projects February 1, 2010 Page 2 FISCAL IMPACT Funds are available in the Water Utility Capital Projects Fund (accounting unit 06617647- 66301). Raul Godinez Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 1, 2010, by and between Tetra Tech, Inc., a Delaware corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2006 -177, dated July 17, 2006, (hereinafter "said Agreement") by which Consultant has provided engineering services. B. By First Amendment A- 2008 -306, dated November 17, 2008, the parties agreed to increase compensation available to allow Consultant to continue to provide services. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $700,000.00. 2. 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 Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR 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 TETRA TECH, INC. TOM EPPERSON, P.E. Divisional Vice President 25A -3 25A-4 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on February 1, 2010, by and between Psomas, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The City and Psomas (previously known as Daniel Boyle Engineering, entered into that certain Agreement A- 2006 -178, dated July 17, 2006, (hereinafter "said Agreement ") by which Consultant has provided water and sewer engineering services. B. By First Amendment A- 2008 -307, dated November 17, 2008, the parties agreed to add compensation to all the continued provision of services by Consultant. C. In accordance with the terms and conditions of said Agreement, the parties wish to again increase available compensation to allow continued provision of services by Consultant. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation by $200,000.00, to pay for additional services, as set forth in Exhibit A to said Agreement. The total amount available for services shall not exceed $700,000.00. 2. Section 10, NOTICE, shall be amended to change Consultant's Notice address to: PSOMAS, Inc. Mr. Joseph L. Boyle, P.E. 3 Hutton Centre Drive, Suite 200 Santa Ana, California 92707 Facsimile 714 -545 -8883 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25A -5 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. I U IZAR 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 PSOMAS, INC. JOSEPH L. BOYLE P.E. Vice President l REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: AGREEMENT FOR WATER SYSTEM PROGRAMMING AND ENGINEERIN CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 with CPC Powertec, Inc. for water system programming and engineering services in the not -to- exceed amount of $55,000 subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City's water production facilities are controlled by a state- of -the- art Supervisory Control and Data Acquisition ( SCADA) System. This system was upgraded in 2007 with new controllers at 35 facility locations. Critical facilities controlled by this system include pump stations, wells, reservoirs, and valve stations. To insure uninterrupted operation of these critical facilities, City staff must oversee the programming, repair, and replacement of system components. These major components include switchgears, motor control centers, programmable logic controllers, and main control panels. Due to the highly technical and complex nature of this work, an outside consultant is sometimes required to assist City staff with these activities. CPC Powertec, Inc. has designed and system components currently in facilities. They have an excellent logic used in the current SCADA sy required to assist City staff in the of these facilities. programmed many of the major control service at City water production understanding of the control system stem. They possess unique knowledge repair, programming, and replacement The proposed agreement will allow staff to consult with CPC Powertech, Inc. on an as- needed basis. Due to the excellent service provided in the past and the unique knowledge they possess of Santa Ana's SCADA system, 25B -1 Agreement for Water System Programming and Engineering February 1, 2010 Page 2 staff recommends that an agreement with CPC Powertech, Inc. be awarded for a not -to- exceed amount of $55,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is not considered a CEQA project. Therefore, no environmental documentation is required. FISCAL IMPACT Funds are available in the Water Production and Supply Fund (accounting unit 06017640 - 62300). Raul Godinez II Executive Director Public Works Agency G I APPROVED AS TO FUNDS AND ACCOUNTS: fJ Francisco Gutierrez Executive Director Finance & Management Services Agency AGREEMENT FOR PROVISION OF ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 1st day of February, 2010 by and between CPC POWERTEC, INC., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and programming services to provide plan and specification review and assistance in preparation of City water projects. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and programming services as needed to assist City in the preparation of plans, specifications and bid documents for City water projects, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials �1, prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $115.00. The total sum to be expended under this Agreement shall not exceed $55,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2010, unless terminated earlier in accordance with Section 13, below. The City shall have the option to renew this Agreement for up to two additional one -year terms, on the same terms and conditions set forth herein. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 25B -4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 25B -5 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or 4 25B -6 mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works Agency — Water Resources City of Santa Ana 220 South Daisy Avenue Santa Ana, California 92703 facsimile (714) 647 -3342 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: CPC Powertec, Inc. 31441 Santa Margarita Pkwy, A390 Rancho Santa Margarita, California 92688 Facsimile (949) 858 -8587 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent 25B -7 with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further Me. agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney IN Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CPC POWERTEC, INC. RUSSELL L. COTTON Principal Tax ID # 7 25B -9 EXHIBIT A SCOPE OF SERVICES Consultant shall provide general plan and specification review for upcoming water projects in an effort to coordinate citywide water strategy taking into account the completed projects and desired enhancements for new projects. Consultant will work with the Water Resources Division to provide engineering, product selection and citywide planning in the delivery of water services to City customers. Included in the Scope of Services is: 1. Conduct principle of operation study of existing conditions and make recommendations for changes. The study will describe how the modified pump station or well site will be operated to cover the entire range of pumping operations. 2. Assist in the review and preparation of plans and specifications by City staff including outside third -party engineering firms. 3. Regular meetings with City staff to coordinate and execute a final plan toward bid documents. 4. Major components to include Switchgear, MCC's, PLC's, VFD's, Solid- State - Starters, Main Control Panels, power distribution and field instrumentation requirements. 5. Provide programming services (including final documentation) as needed and defined by City staff. Compensation Services will be billed at a rate of $115.00 per hour. City Responsibilities City will compile and provide for review a set of final as -built drawings, equipment submittals, and sequence of operations of respective pump stations. Any blueprint charges to make copies available Consultant are not included in billable rate. 8 25B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE SECOND AMENDMENT TO AGREEMENT WITH ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. FOR SEWER SYSTEM FATS, OILS AND GREASE CONTROL PROGRAM SUPPORT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'' Reading ❑ Ordinance on 2` Reading ❑ Implementing Resolution ❑ Set Public Hearing For___ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute a second amendment to the agreement with Environmental Engineering and Contracting, Inc. for a six -month term in the amount of $90,000 for support services for the City's sewer system fats, oils, and grease control program. DISCUSSION In October 2004, the City adopted an ordinance amending Chapter 39 of the Santa Ana Municipal Code to control the discharge of fats, oils, and grease (FOG) from food service establishments to the City's sewer collection system. In January 2005, the City's Public Works Agency began implementation of a comprehensive FOG control program that includes regular inspections of all food service establishments to insure compliance with the ordinance. The FOG ordinance and program are required by the California State Water Quality Control Board. Several years ago staff solicited proposals for support services for the FOG control program from qualified firms. Environmental Engineering and Contracting, Inc. (EEC) was selected based on their qualifications, past experience and capacity to perform the required work. EEC, Inc. continues to provide excellent service to the City in support of the FOG control program. They have extensive experience both as a firm and at the staff level in developing and operating similar programs throughout Southern California. Their fees are reasonable and all of the services are provided on an as- needed basis. 25C -1 Second Amendment to Agreement with Environmental Engineering and Contracting Inc. February 1, 2010 Page 2 EEC provides inspection of new food service establishments (FSEs), training and support of City Sanitation Inspectors, support and maintenance of the FSE database, coordination with other agencies to insure compliance with regulatory requirements, and technical support to City staff for all FOG - related issues. It is recommended that the agreement with EEC, Inc. be amended and extended for a six -month period for a not -to- exceed cost of $90,000 during the six -month term. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (accounting unit 05617640 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez VI Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency 25C -2 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered on January 4, 2010, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City ") and Environmental Engineering and Contracting, a California corporation ( "Consultant"). RECITALS: A. The parties entered into Agreement # A- 2007 -245, dated November 5, 2007, (hereinafter "said Agreement ") by which Consultant has inspected food service establishments for compliance with the City's Fats Oil and Grease Control Program. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional six -month period and provide compensation for the services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified Consultant's Fog Program Cost Estimate and Fee Schedule, attached to said Agreement as Exhibit B. The total sum to be expended under this Agreement shall not exceed $90,000.00, during the six -month term from January 1, 1020 to June 30, 2010." 2. Section 3, TERM, shall be amended to extend the term for an additional six - month period, through June 30, 2010. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // 25C -3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR 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 ENVIRONMENTAL ENGINEERING AND CONTRACTING (NAME) (Title) 25C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: AGREEMENT AMENDMENT WITH GEOSPATIAL TECHNOLOGIES, INC. FOR EQUIPMENT, SOFTWARE, & TRAINING SERVICES i��, A, a,.— 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 Authorize the City Manager and the Clerk of the Council to execute the attached amendment for an agreement with Geospatial Technologies, Inc., for purchase of additional equipment for $30,539 for a total contract amount not to exceed $355,045. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, and exercises. Santa Ana has been designated as an Urban Area Core City for the fifth year. The City of Santa Ana has fiscal responsibility for the FY07 UASI grant for the Santa Ana / Anaheim Urban Area which encompasses the 34 jurisdictions in Orange County. The Santa Ana Police Department requests to amend the original contract to purchase additional needed equipment which was unforeseen and identified during the initial installation phase. Several cities and counties outside of the OCOA currently deploy this exact system. In an effort to increase first responder safety and response capabilities, and enhance interoperability between jurisdictions within the OCOA as well as other regions, the Santa Ana Police Department will need to purchase the same AVL system. 25D -1 Agreement with Geospatial Technologies, Inc. February 1, 2010 Page 2 FISCAL IMPACT Funds are available in the FY 2007 UASI Grant fund account (no.12514486- 66400- 08404001182 - 3498). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: A��N-'Q2'.L ) !� L Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25D -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 1, 2010, by and between GeoSpatial Technologies, Inc. ( "GST ") and the City of Santa Ana, ("City ") RECITALS: A. The parties entered into Agreement A- 2008 -332, dated December 16, 2008 (hereinafter "said Agreement "), by which City purchased from Consultant hardware and software to provide automatic vehicle locator (AVL) services and mobile mapping services for the Santa Ana Police Department. B. The City desires to purchase additional hardware to equip additional vehicles with the AVL system. 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 Agreement, the parties agree as follows: 1. Section 1, PURCHASE ITEMS, shall be amended to include the following additional equipment and services: Hardware: Sierra Wireless AirLink PinPoint X HSUPA —'Ethernet cable, DC power cable, single -band GPS antenna (3 year manufacturer warranty) Quantity 26 @ $695.00 Total $18,070.00 Sierra Wireless AirLink Pinpoint X HSUPA — Ethernet cable, DC power cable, Tri -band, GPS /Cellular antenna (3 year manufacturer warranty) Quantity 4 @ $710.00 Total $2,840.00 Tax on hardware $1,829.63 Service: Installation and on -site testing of GPS hardware (per vehicle) Quantity 30 @ $240.00 Shipping & handling per vehicle Quantity 30 @ $20.00 25D -3 Total $7,200.00 Total $600.00 2. Section 2, PRICING, shall be amended to increase compensation by $30,539.63 to pay for the additional equipment set forth in Section 1, above. Price for the purchase items listed in this First Amendment to Agreement shall be in accordance with "Exhibit A: Quote for Santa Ana Police Department" provided by GST dated January 5, 2010, and in accordance with the required specifications set forth in Item (1). City shall pay no other compensation to GST unless an Amendment has been agreed upon in writing and signed by both parties. 3. 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 Consultant Agreement on the date and year first written above. ATTEST; MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By; Ryan O. Hodge Deputy City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager GEOSPATIAL TECHONOLOGIES, INC. HONG CHOU Chief Technology Officer 25D -4 Exhibit A 25D -5 (OCT 00� S GeoSpatlaclinologles, Inc. Quote for Santa Ana Police Department 3130 S. Harbor Blvd, Suite 430 Santa Ana, CA 92704 Phone: (714) 434 -9936 Fax: (714) 434 -9937 1/5/2010 GST Public Safety System GST Part Number Description QTY Unit Price Amount Hardware Sierra Wireless AirLink PinPolnt X HSUPA - Ethernet cable, DC wercab[a, single -band GPS antenna 26 $ 695.00 $ 18,070.00 Hardware Sierra Wireless AirLink PinPoInt X HSUPA - Ethernet cable, DC power cable, Tri -band GPS /Cellular antenna 4 $ 710.00 $ 2,840.00 Hardware Total $ 20,910.00 Tax 8.76% Sales Tax $ 1,829.63 Service Service SV- TR -INST SV -TR -SHIP Installation and on -site testing of GPS hardware (per vehicle) Shipping and handling per ve c e 30 30 $ 240.00 $ 20.00 $ 7,200.00 $ 600.00 ery ce o a $ 7,800.00 Grand Total (Hardware, Sales Tax and Service) $ 30,539.83 Notes: 1 Sierra wireless GPS modems come with three -year manufacturer warranty. 2 Prices stated above are good for ninety (90) days from the date of this quotation. Payment Terms: Hardware: Net 16 days from the date of invoice. Service: Due upon receipt of invoice when service has been rendered. w 1i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: AMENDMENT TO AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES, INC. FOR INMATE FOOD SERVICES &/ //", �: I �, / 2� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate food services and catering service for various City events in an amount not to exceed $1,433,835 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 16, 2007, Council approved a three -year agreement with two, one - year renewal options with Aramark Correctional Services, Inc. to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. also provides catering services for various City meetings and events. Aramark Correctional Services, Inc. has performed satisfactorily during the first three years and staff recommends executing the first one -year renewal option. During the fourth year of the agreement, the per meal price will increase from $2.133 to $2.175, based on the CPI, All Urban Consumers, U.S. City Average, Food Away From Home Index. The amendment also includes catering services for various City departments. FISCAL IMPACT Funds are available in the Police Department's Jail Services fund for inmate food services (account no. 01114475- 62300), and various departmental Operating Materials & Supplies accounts (account 63001) for the catering services. l / C ti Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 25E-1 Finance & Mgmt. Services Agency 25E -2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT made and entered into this 1St day of February, 2010 by and between ARAMARK CORRECTIONAL SERVICES, LLC, a Delaware limited liability company, having its principle place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia, PA 19107 (hereinafter " ARAMARK" ), 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 Parties entered into that certain Inmate Food Service Agreement A -2007- 015, dated January 16, 2007 (hereinafter "said Agreement "), by which ARAMARK provides food service for the Santa Ana City Jail Facility. B. City and Aramark wish to amend the "Price per meal" in accordance with the terms of said Agreement and to increase the compensation to pay the increased per meal price during the term from February 1, 2010 through January 31, 2011. C. Aramark provides catering services for various City events throughout the year. The Parties desire to amend said Agreement to provide for such catering services on an as- requested basis. 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 Fifth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: a. ARAMARK shall perform inmate meal preparation and operate the Code -7 Caf6, as those services are set forth in the CITY's Request for Proposals (RFP #06 -151) and ARAMARK's Technical Proposal for Food Service Management dated November 1, 2006, collectively, as described in Exhibit A to said Agreement, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. ARAMARK shall be responsible for: • All expenses specified in the Request for Proposal, including laundry, uniforms, insurance, long distance telephone, computer for ARAMARK's use, office supplies, postage, food products, taxes and licenses, employment advertising expenses, small wares replacements and maintenance of equipment. • ARAMARK will provide the managerial and administrative expertise to operate the Food Service Program. 1 25E -3 • ARAMARK will be responsible for all management functions including purchasing, accounting, employee supervision, technical assistance and planning. • ARAMARK will own the food and supplies inventory. CITY shall be responsible for: • Providing adequate heat, light, ventilation and other utilities; • Local business telephone service; • Extermination services and removal of trash and garbage from the Facility trash removal containers; • General maintenance to the building structure, including gas, water, sewer, ventilation, lighting, air conditioning, refrigeration, duct work, floor coverings, wall and ceiling surfaces; • Provision of adequate preparation, storage, serving and holding equipment and utensils, including maintenance for same; • Security, control and limitation of inmate movement in, to and from the food service area, including physical security of employees, suppliers, and other authorized visitors. b. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services. 2. Section 2, COMPENSATION, shall be deleted in its entirety and replaced with the following: a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for its services: For each Prime Option inmate meal served pursuant to this Agreement from February 1, 2010 through January 31, 2011, a per meal cost of $2.175. Compensation for inmate food service and catering services provided by ARAMARK during the February 1, 2010 through January 31, 2011 term shall not exceed $1,433,835." b. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Cafe sales report. 5. Catering service fees 2 25E -4 Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services provided, subject to City accounting procedures. Payment shall be sent to: ARAMARK Correctional Services, LLC P.O. Box 406019 Atlanta, Georgia 30384 -6019 3. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one -year period through January 31, 2011. 4. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Ryan O. Hodge Deputy City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ARAMARK CORRECTIONAL SERVICES, LLC 3 25E -5 (NAME) (Title) EXHIBIT A ARAMARK shall provide inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #06 -151, and ARAMARK's Proposal dated November 1, 2006. ARAMARK shall serve three meals to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 5 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $0.05 per meal sold to any such outside facility, as set forth in section 5.Q. of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code -7 Caf6 located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s) of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual inmate's account in the Inmate Welfare Fund. ARAMARK will remit to City a twenty -five percent (25 %) commission on the total Fresh Favorites net sales each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 4 25E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONTRACT RENEWAL WITH SYSTEMS AND SOFTWARE, INC. FOR UTILITY BILLING SOFTWARE MAINTENANCE(A- 2008 -053) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :1:Am:C6 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Systems and Software, Inc. for maintenance of Utility Billing software in an amount not to exceed $129,000 with provision for two, one year renewals with an annual increase not to exceed 4 %. DISCUSSION On March 3, 2008, the City Council approved a Finance and Utility Billing software project and entered into an agreement with Systems and Software, Inc. to purchase utility billing software, "enQuesta." The enQuesta software went live in March 2009. It is used to produce the City's municipal utility service bills, provide customer water, sewer, refuse, and paramedic subscription account management, process customer service orders, track water meter reads, and provide online customer account access. The system manages over 44,000 water accounts and processes over 270,000 municipal utility service bills each year. The agreement provides for an annual software maintenance and support plan that entitles the City to receive software updates and technical support services for enQuesta as well as the third -party Oracle database software used by the system. The breakdown of the maintenance fee is $97,000 for enQuesta and $32,000 for Oracle. However, both will be serviced through Systems and Software, Inc. The agreement stipulates that the maintenance plan renews automatically each year unless canceled. Staff requests authorization for funds for the current year and two subsequent year renewals with annual increases not to exceed 4 %. 25F -1 Contract Renewal for Utility Billing Software Maintenance February 1, 2010 Page 2 FISCAL IMPACT Funds are available in the Finance Management Lawson Utility Software account (no. 10910141- 62300). Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency 25F -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 1, 2010, by and between Systems & Software, Inc., a Vermont corporation ( "S &S ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City "). RECITALS: A. The parties entered into that certain Agreement A- 2008 -053, dated March 3, 2008, (hereinafter "said Agreement ") by which S &S has licensed to City, utility billing application software, along with support and maintenance of such software. B. The parties desire to extend the term of support services for an additional one year term with provision for up to two additional one -year extensions, and to amend the calculation by which the Support Service Program cost will be adjusted. 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 Agreement, the parties agree as follows: Section 4, SUPPORT SERVICES, subsection A "S &S Support Program ", shall be amended to read, in full,as follows: "A. S &S Support Program. Beginning at Delivery, the Customer has the option to participate in the S &S Software Maintenance and Support Program ( "S &S Support Program "). Participate in this Program is required to continue to receive support from S &S. The S &S Support Program is defined in Exhibit ''attached hereto as Attachment A. S &S may modify the S &S Support Program from time to time. The Application Software and systems support services described herein will be invoiced on a prorated basis from Go -Live through the end of then - current calendar year and thereafter annually in- advance on a January through December calendar year basis. Customer's participation in the S &S Support Program shall automatically renew on an annual basis and shall be valid on a calendar year basis. However, if at any time Customer fails to allocate funding for the annual maintenance and support fees the S &S Support Program shall terminate at the end of the then current paid term. in the t r wishes to eaneel paftieipatio , in the S&S c.,.,. e44 + � r bo ~ od• the year- in whieh the Customer- wishes to eaneel . If Customer elects to discontinue its participation in the S &S Support Program, S &S shall be under no obligation to continue providing maintenance services past the period for which Customer has paid for enrollment in the S &S Support Program." Section 4, SUPPORT SERVICES, subsection C `Enrollment & Pricing ", shall be amended to provide that for years 2 -10, following the Effective Date of said Agreement, S &S Support Program pricing is subject to annual increase equal to CPI Index, provided that the minimum annual increase shall be 2.5% and the maximum annual increase shall not exceed 4 %. 3. 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. ATTEST: MARIA D. HUIZAR 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 SYSTEMS & SOFTWARE, INC. (NAME) (Title) Systems & Software Systems & Software, Inc. Systems & Software Support Program General Guidelines 25F-5 Attachment A Effective January 1, 2010 426 Industrial Avenue Williston, VT {) 95 p: 8,32-865-1170 f 802-865-1171 ­1 2010 Systems & software Support Program Guidelines systems & tware Executive Summary of Services Provided Beginning on January 1, 2010, the following services and guidelines apply to the systems & Software Support Program, if you have any questions related to the following information, please call the dedicated Help line at 1-800- 6655- &810. Application Support • Help Desk support for general application inquiries and issues time} Monday through • S&S representatives available from 8:00am EST through 5:00pm (customer local m Friday • 24x7 critical issue coverage available off hours (available option) • Time and priority commitments for response to operational critical issues during regular business hours (8.00 am — 5:00 pm local time) (Ex. Customer is down or can't an't run a critical billing or C&C process) • S&S initial response within 15 minutes. High (The issue is a business critical issue but it is not preventing all users from getting their work done) ■ S&S initial response within 1 hour. Medium (The issue has a work around that the customer can use until the issue has been resolved) • S&S initial response within 4 hours. be considered for Low (This T issue is usually either cosmetic or requested functionality that will a future version) . S&S initial response within 24 hours, • Commitment to quality and timely issue resolution • Automated case management via TTP (TestTrack Pro issue resolution software) • Escalation path for issue resolution Technical Support • Telephone advisory assistance with routine system management functions • Remote log-in support for troubleshooting issues with layered products and operating system software that are related to the documented capability of S&S applications Third-Party Software whose products are First-line diagnostic support for third-party vendors with whom S&S is associated or integrated within enQuesta, This only applies to third-party software which is under one of S&S's contracts and which the customer does not have a separate support agreement with. Update Support • Fixes, error corrections, patches or corrected procedures for the supported versions of enQuesta and its component level software • Peeodic product version releases or upgrades (including base enhancements) EducationlCommunication • Monthly Webcasts • Online documentation available through the customer portal • Access to product documentation, training course catalogs and schedules, and Customer Conference information 426 Industrial Avenue CONFIDENTIAL Williston, Vi 05495 & y Systems p- 802-865-1170 stems f: 802-865-1171 Page 2 . ..... ...... . .............. ............. . . Systerm 2010 Systems & software Support Program Guidelines a Software Customer Conference - Attendance, training and hospitality events at no cost forte attendees per organization to attend with the exception of travel and living expenses, If a customer elects to send more than two users, there will be a registration fee of $850 - $1000 per person. sysS & ware CONFIDENTIAL Page 3 25F-7 . . . ....... 426 tridustrial Avenue Williston, VT 05495 MMXMIA,ccrrr p: 802-865-1170 f, 802-$65-1171 2010 systems & Software Support Program Guidelines Systems & Software Further Detalt of Services Provided The Systems & Software Support Program provides coverage for and is inclusive of the items listed below 1. Authorization to receive support services for licensed products from Systems & Software for the calendar year, January through December 2010. Access to new releases of the licensed enQuesta business application, when such application software becomes generally available and a separate upgrade engagement has been established between S&S and the customer. This support criteria applies to the originally licensed application software itself, newly developed modules or applications, and the range of systems support services associated with deploying production enQuesta software, are handled under a separate contract or amendment. Additional services may include migrating from one version of enQuesta to another, performing assurance testing, performing interface testing, training customers on new versions of the application software, or purchasing additional hardware or third-party software products. Fixes, error corrections, or corrective procedures for the supported versions of enQuesta (the current version and the most recent release just prior to the current version of the application). Depending on the nature and cause of these errors, certain additional charges may apply for these services New documentation as made available by module. S&S understands that due to the customized nature of the various applications for customers and the speed with which refresh updates or new releases are developed and/ or deployed, customers may not always have documentation that exactly applies to the version they are running. Customer practices show, and S &5' expectation is. that customers rely on the on- line help text and their process guides. Module documentation, including standard user guides, training guides, and process guides is now deployed only via S&S' customer wetsite, at www.ssivt.com (via the customer portal). 5. Support related to items that are normally charged but are minor in nature may be ' waived solely at the discretion of S&S_ These might include restoring processes and/ or data that were corrupted due to operator error, minor changes to a bill print format, etc. These will be judged based upon the magnitude of the work to be performed and the frequency of occurrence. Attendance, training and hospitality events will be at no cost (no registration fee) for up to two customer employees at the Customer Conference. Additional employees may attend for a fee as noted above. Travel, lodging, meals, and other associated fees would be at the customer's expense, Due to the market and competitive nature of the S&S enQuesta products, non-customer personnel may attend only upon written request, and S&S reserves the right to refuse attendance at customer conferences to non-customer attendees. A fee of $2,500 per day per non-customer attendee will apply, if such non-customers are authorized to attend. In some cases, customers may be required to sign non-disclosure statements at such events. 7. Monthly webcasts are scheduled to be conducted online via WebEx. These webcasts can be used to provide companylcorporate updates, promote user group interaction, allow for a discussion arena on selected topics. and serve as training sessions, 426 Industrial Avenue CONFIDENTIAL Williston, VT 05495 A-W —5siv, r-m—T, Systge�ms re P: 802-865-1170 & wa f: 802-865-1171 Page 4 25F-8 :&v 2010 Systems & Software Support Program Guidelines Systems S0ftVVW* g. perodic informational announcements or newsletters covering new announcements, enQuesta enhancements, hardware and third-party software issues, vendor relationships, new technolo gies or technical considerations, new product announcements, and other related topics. 9. Access to the latest levels of certain third-partY Products including Cognos 8. MicroFocus Server Express Runtime Licenses (assuming the initial upgrade to Server Express was paid under separate contract), enQuesta client or middleware components, or other third-party software products or vendor products which are invoiced as part of the S&S Support, Program, or as these products become available from the respective vendors. Deployment or training services for such are handled separately under a time and materials basis, 10. Technical Assistance is available by request. These services include but are not limited to system and applicatJon configuration, performance analysis. and certain other hardware, operating system and database related services. These services are subject to additional charges on a time and material basis at the discretion of your Account Manager or Senior Account Executive, if applicable, Certain Systems & Software Support Program Guidelines Under the Systems & Software Support Program, customers will receive unlimited daytime phone, modem, internet, email and fax support for areas related to the operation of all licensed enQuesta modules under the supported version (i.e., the current version and the most recent release just prior to the current version of the application) and, more specifically, for the business processesi features which are accommodated by enQuesta applications that are already in production use as enabled through working with S&S, during an initial or subsequent engagement, enQuesta applications may have the capacity or inherent functionality to serve many business or customer-specific functions that may not be in production use within your organization. If an organization decides at a later date to make use of a new feature or business process, this would be clearly defined as "new" work which would be supported under a separate time and materials based contract, not "how-to" support for an existing business process. This support is limited to operators who have been trained by S&S personnel or other certified trainers under `Train the Trainer, 'Train the Key Personnef', or 'Train the Super Users" concepts, and who have ownership for and a clear understanding of the applications and issues for which they are requesting support on the current enQuesta release. Support activity via the Customer Support Desk from new personnel will indicate the actual capabilities or level of training new personnel have received. This information will be shared with customers and. if necessary, related services will be contracted for separately at rates indicated in this agreement. inbound phone support initiated from our dedicated support line, 1-800-655-8810 would generally entail a 'A hour call or less (this duration certainly may vary and is not limited to a 1/2 hour), Faxes, phone calls or e- mails which result in extended, or even multi-hour, phone conversations or work effort would be handled separately on a time and material contract basis. Possible examples would be: several analysts' subsequently providing 'x` number of hours assisting with implementation of "new" work [such as discussion/ implementation of new work order types, a modified General Ledger Chart of Accounts, or implementation of a new business process that the application supports (but which is not in production mode), such as ACH, an AMR solution, or a new interface]. Other examples may include but are not limited 426 Industrial Avenue CONFIDENTiAL Williston, VT 05496 syst111 ft- P: 802-865-1170 & Software f: 902-865-1171 Page 5 25F-9 2010 Systems & Software Support Program Guidelines Systems Software to: fixing incorrect operator procedures, training new or existing staff over the phone, assistance with balancing or bookkeeping, setting up training databases and training operators, performing work or services for organizations whose key individuals are out of the office, writing custom scripts or programs to resolve customer issues not caused by enQuesta and other support items of this nature. This scope of work would clearly be defined as "implementation of new business processes" or "consulting outside of'how-to' telephone support." 2, Ad-hoc report writing with third-party tools such as Cognos 8, Cognos ReportNet or Cognos impromptu is the responsibility of the customer. This includes creation of reports and all subsequent modifications including those resulting from changes in versions of enQuesta or the third-party reporting tool. To facilitate this process, S&S will maintain the KnowledgeBasel Catalog/ Meta data/ eQL/ data dictionaries and provide support for general questions. It is highly recommended that organizations appoint a core group of persons to become entirely familiar with all aspects of the enQuesta applications and the KnowledgeBase/ Catalog/ Meta data/ eQL/ data dictionaries. such that these individuals become subject-matter experts within the organization. Telephone Customer Support Desk support services and hours of availability are weekdays from &DO am to 5:00 pm, customer local time, excluding Holidays and other posted exceptions, unless other specific contractual arrangements have been made with your organization. 24x7 pager support is offered for selected contractual situations, pager support reflects coverage for enQuesta related emergency situations only. Unless covered under a separate arrangement, support provided outside these hours will be invoiced at the off-hours support service rate as referenced in item 6 under this heading. 5. Items excluded from this plan include: training of new operators', consulting, hardware or site planning and infrastructure support; hardware maintenance; or any topics generally considered 'new business." These professional services would be billed separately under a separate time and materials based agreement. Also excluded from this plan are Windows and other PC desktop systems Support; communications or infrastructure support-, support of situations which reflect your use of third-party vendors over which S&S has no direct responsibility, such as bill-print houses, banks, AMR vendors, or other such third-parties. S&S supports these other types of situations on a time and material fee basis at the discretion of the Account Manager or Senior Account Executive, if applicable. For the vast majority of technical or third-party situations which arise, S&S believes this method to be the fairest way to support customers in areas over which S&S has little, if any, responsibility or systematic controls. 6. Outside of Systems Support Services covered under the S&S Support Program as reflected herein, all other Systems Support Services in 2009 will be invoiced at the following rates: Service Type Rate Per Hour, Custom Programming & Business Process Consulting $225 On-Call Pager Support $160 Other Services $160 Page 6 25F -10 A1, 1 I JP 2010 Systems & Software Support Program Guidelines Systerm & Software These services are provided subject to a minimum % -hour charge. Off -hours (5pm-8am. or holiday/ weekend) support will be invoiced at $240 per hour, minimum 1-hour charge. Involvement of other vendors, whose services may be required, in concert with or outside of work with S&S, shall invoice directly or through S&S at their own rates. An example would be billable services through IBM Corporation, for AIX Supporti-ine or Consulti-ine charges, Given that the range of systems support services generally reflects multiple S&S parties performing work prior to, during, and after the "face to face" customer engagement, daily rates or per-student charges may apply for some ranges of support services, including training classes. These shall be determined at the time of contracting and are subject to change at any time, depending on the scenario or the value-ad proposition to the customer, All other enQuesta or non-enQuesta related support services, preparation time, consulting, analysis, travel, or telephone and modem support issues will be invoiced on a time and material basis as incurred. Every attempt shall be made by the customer and S&S to understand, scope, define and have customer acceptance for work scope under an estimated time and materials engagement prior to work commencing. issues that S&S determines require extended support or support of third-parties for resolutions to customer issues will in some cases be turned over to the appropriate third-party, (IBM AIX Support, for example, may be contracted on behalf of customers to conduct performance-tuning testing on their pSeries servers). Areas identified as those which would best be handled by third-parties 011, time permitting and assuming a customer representative is available who has ownership for the issue, be discussed with customers prior to arranging the service. 8, Administration: a. Customers are responsible for ensuring supported staff members are aware of these policies and procedures. A request for support from a customer assumes an understanding on the part of the customer of said policies and procedures. lb. S&S asks that customers appoint a key individual (or select, core group of key individuals) to receive all support calls/ requests from S&S in order to eliminate duplicate calls and] or faxes or e-mails, The Customer Support Desk format relies upon an initial contact being made with a detailed description of the issue being submitted, with specific backup material being faxed or e- mailed. The preferred method of submission to S&S is by e-mailing your request to our dedicated inbox: sucpotQssivtccm with any appropriate attachments to help us triage the issue. S&S' objective is to ensure that customers be fully satisfied at all levels of the interaction. each and every time customers engage S&S. Unless there is already an open work order which was correctly initiated via the Customer Support Desk, correspondence sent to specific support individuals will NOT be forwarded to the Customer Support Desk for logging. With the objective being quick, correct and efficient resolution to customer issues, resulting in high levels of customer satisfaction, customers must submit all correspondence to the Customer Support Desk, not specific staff. We request that you send your support issues to fax: 802-865-1171 or e-mail: co—M which is the only authorized support' email address: please do not forward correspondence to individual email addresses or call S&S Support Personnel directly. 426 industrial Avenue CONFIDENTIAL 041liston, VT 05495 v ,�t A Cof_n Systr M_ p: 802-865-1170 Software f 802-865-1171 Page 7 25F -11 1 .,,4 --,x, I 2010 Systems & Software Support Program Guidelines If Systems 1 s Software modem access to customer's IBM pSeries or Dell PowerEdge servers. In summary, broadband access is required for enQuesta customers and is requested for all other customers. NOTE Given the number and diversity of customers requiring support from S&S, each with varying networking infrastructure, support of software-based VPN clients is not a viable replacement for these suggested access methodologies. g. If a customer is on the supported version (the current version and the most recent release just prior to the current version of the application), corrective fixes will be delivered to the customer via a scheduled Maintenance Release (maintenance releases will be deployed until a release is deemed 'life-cycle complete' by S&S). Customers will receive release Notes and customers are responsible for testing corrective fixes within a scheduled window before S&S will move the Maintenance Release into Production. In order to ensure that the enQuesta system is kept up-to-date with enhancements and bug fixes, Customers are strongly encouraged to install the then - current Maintenance Release made available by S&S at least once per quarter. If a Maintenance Release has been made available generally by S&S that addresses a particular issue and a customer subsequently contacts the S&S Help Desk regarding this issue but has not installed the applicable Maintenance Release, the customer will be required to install the Maintenance Release prior to assistance by S&S- if a customer declines to install the said Maintenance Release to remedy the issue, S&S reserves the right to charge the customer on a time and material basis at then-current rates for effort incurred to resolve the issue. * A customer may need to install previously released Maintenance Releases prior to installing the then- current Maintenance Release in order to bring the customer's environment to the most current level, eSystffz & Software CONFIDENTIAL Page 9 ............. . . ............ .............. .................... . . ............ . 25F -12; 425 Industrial Avenue Wilision. VT 05495 p: 802-865-1170 f 802-865-1171 �W 0, Systems & Software 2010 Annual Software Maintenance & Support Contract Detail For Period January 1, 2010 — December 31, 2010 CUSTOMER: City of Santa Ana 25F -13 25F -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: AGREEMENT AND APPROPRIATION ADJUSTMENT FOR VENDING TRUCK SERVICES AT THE DAN YOUNG SOCCER COMPLEX CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Gisela's Mexican Food to provide vending truck services at the Dan Young Soccer Complex 2. Approve an appropriation adjustment recognizing projected revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate same to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). DISCUSSION Request for Proposals for providing vending truck services at the Dan Young Soccer Complex was issued and mailed to 62 vending truck operators. A pre - proposal conference was conducted at the Dan Young Soccer Complex and two operators submitted proposals for consideration. An evaluation committee consisting of four representatives from the Parks, Recreation and Community Services agencies rated the two proposals. The committee considered each operator's qualifications and experience, pricing, and healthy menu options. Gisela's Mexican Food scored 360 and Alberto's Rolling Grill scored 337 out of 400 points possible. All four committee members rated Gisela's Mexican Food the most qualified operator to provide the requested services. Providing vending truck services at the Dan Young Soccer complex enhances the user experience at the complex, and will generate $900 per month in additional revenue for the City. The annual revenue for this agreement is projected to be $10,800. 25G -1 Grisela's Mexican Food February 1, 2010 Page 2 FISCAL IMPACT The appropriation adjustment will recognize revenue in the amount of $4,500 in the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and appropriate same to the Recreation Special Fees and Donations expenditure account (no. 02213200 62300). Gerardo Moue , Executive Director Parks, Recreation and Community Services Agency Approved as to Funds and Account: Francisco Gutier z, Executive Director Finance and Management Services Agency 25G -2 CONCESSION AGREEMENT THIS AGREEMENT, made and entered into this 1" day of February, 2010 by Pedro Rosas dba Gisela's Mexican Food, sole proprietorship, (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 foods services comparable with "high- level" industry practice. 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 "high- level" contractor 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: I• SCOPE OF SERVICES Contractor shall perform those services as set forth in the Scope of Services (Exhibit "A" hereto) and all attachments thereto. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. COMPENSATION a. In consideration for the concession rights granted by this Agreement, Contractor agrees to pay the City a monthly concession fee of $900.00 during the term of this Agreement. The payment is due on the first of each month, in advance. For example, the payment for September 2009 is due September 1, 2009. Services for a partial month shall be prorated on a daily basis. 3. TERM This Agreement shall commence on the date first written above and terminate on January 31, 2012 unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed, at the option of the City, for two additional two -year terms in a monthly concession fee amount of $900.00. 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 25G -3 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 its 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, agents, volunteers, and employees as additional insured(s) 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 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 shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "B" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 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 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 Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25G -4 e. The following requirements apply to the insurance to be provided by Contractor Pursuant to this section: (i) (ii) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (iii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iv) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured ht to forthwith and is m force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. pp oval 6• INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents employees, contractors, special counsel, and representatives from liability: (1) for ersonal p injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or an other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provie by g Contractor under this Agreement; and (2) from any claim that personal injury, damages, dust y compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of t Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable all relief or damages suffered, or alleged to have been suffered, by reason of the events referred t this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor m 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, relative to an action City, third party challenging the validity of this Agreement, or asserting that personal injuy, damages, a just compensation, restitution, lost profits, or judicial or equitable relief or any other type ages, damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement of or Contractor's actions hereunder. City may make all reasonable decisions with respect to it representation in any legal proceeding. p s 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 informationent, of 25G -5 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 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 and Office of the City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 25G -6 To Contractor: Gisela's Mexican Food 1810 South Broadway, #8 Santa Ana, CA 92707 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 agreement 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be 25G -7 the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " " hereto). 13. 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 recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 15. LICENSES & PERMITS Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. These shall include but not be limited to the following: a California State Board of Equalization Seller's Permit; City of Santa Ana Business Tax Receipt; Professional Food Manager Certificate; County of Orange Heath Department Permit; and Proof of Commissary Letter. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Saidfailure shall be cause for termination of this Agreement by the City in accordance with Section 12, above. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its si authority and right to bind their respective parties to each of the terms of this Agreement, and hall 25G -8 indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA: Maria D. Huizar DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community CONTRACTOR: PEDRO ROSAS Owner Tax ID # 25G -9 EXHIBIT "A" SCOPE OF SERVICES A. GE_ Contractor shall be responsible to provide quality concessionaire services at the Dan Young Soccer Complex (DYSC). The City will provide access to the complex and a permit to vend in return for a flat monthly fee. No concession facility exists; therefore, the concession operation will need to be contained and mobile. The DYSC is located at Centennial Regional Park, 3000 W. Edinger Avenue. The park is 63.5 acres and includes Hector Godinez High School. DYSC includes three adult fields with one youth field. DYSC is available for reservations Monday- Friday from 6:00 p.m. -10:00 p.m. and Saturday- Sunday from 8:00 a.m. - 10:00 p.m. All fields are heavily used year- round. B. SPECIFICATIONS 1. For the safety of the public patrons who utilize the complex during events, there are restrictions on items sold, packaging, etc. The City must approve all menu items, packaging and truck locations (or changes to the above). No cans, bottles or gum shall be sold at the complex. 2. No tobacco products shall be sold or advertised. 3. The concessionaire shall be responsible for continual trash removal during the concessionaire's operating hours and leave the facility litter free at the end of each day. 4. The concessionaire will be allowed to vend only during DYSC operating hours in the designated location. The City reserves the right to issue a 30 day notice in the event that a special event requires the use of different vending services. Vendor would not be allowed to sell during the dates listed on the notice. 5. The sale of alcohol will not be permitted. 6. Concessionaire shall tightly control the quality of the work performed by in -house staff and /or sub - contractors. Incomplete or poor quality work will not be accepted. 7. The vending operation shall be run in an efficient, courteous manner by staff that is clean and neatly dressed, presenting a positive image for the complex. Vending staff shall wear a uniform approved by the Park Superintendent. The standard uniform shall include a collared shirt, and matching pants and shoes. Special consideration will be offered to bidders able to demonstrate superior customer service. 25G -10 8. The concessionaire will be required to apply for and retain all applicable Orange County Health Department permits. Concessionaire will be required to use certified food handlers in the concession operation. 9. The concessionaire shall attend meetings with City staff as required. 10. The concessionaire shall coordinate with other agencies as required. 11. The concessionaire shall complete plan check processes with the City of Santa Ana and other agencies as required. 12. The City retains merchandizing rights for all DYSC business. 13. The concessionaire will be required to stay in the specified concessionaire area as directed by City staff. 14. The concessionaire shall provide year, make, model and pictures of vending trucks proposed for use at the DYSC. 15. The concessionaire will be required to pay City $900 per month to vend at the Dan Young Soccer Complex. The payment is due on the first of each month. For example, the payment for September 2009 is due September 1, 2009. C. CITY RESPONSIBILITIES The City will provide the following: 1. Assistance with plan check coordination within the City. 2. Staff liaison for communication and problem resolution. 25G -11 Exhibit `B" ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Issued to this endorsement form as a part of Policy # Named Insured Countersigned by 25G -12 Authorized Representative REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: CONDITIONAL USE PERMIT NO. 2009 -23 TO ALLOW A RETAIL MARKET TO OPERATE BETWEEN 12:00 MIDNIGHT AND 5:00 A.M. AT QWIK KORNER LOCATED AT 3960 SOUTH MAIN STREET, UNIT D - NADIR SHOUNIA, APPLICANT Z�I-elle-*Z--411 W-1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2009 -23 as conditioned. PLANNING COMMISSION ACTION On January 11, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2009 -23 as conditioned by a vote of 6:0 to allow a retail market to operate between 12 :00 midnight and 5:00 a.m. at the Qwik Korner Liquor & Convenience Store at 3960 South Main Street, Unit D, located in the Arterial Commercial (C5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja M. Trevino Executive Director Planning & Building Agency LL:rb Reports \cup09 -23 Qwik Korner afterhours.cc 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JANUARY 11, 2010 TITLE: PUBLIC HEARING - FILED BY NADIR SHOUNIA FOR CONDITIONAL USE PERMIT NO. 2009 -23 TO ALLOW A RETAIL MARKET TO OPERATE BETWEEN 12:00 MIDNIGHT AND 5:00 A.M. AT QWIK KORNER LOCATED AT 3960 SOUTH MAIN STREET, UNIT D Prepared by Lucy Linnaus PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Executive Director Planning Mana r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2009 -23 as conditioned. DISCUSSION Request of Applicant Mr. Nadir Shounia, owner of Qwik Korner convenience store, is requesting approval of Conditional Use Permit (CUP) No. 2009 -23 to allow operations between 12:00 midnight and 5:00 a.m. at 3960 South Main Street, Unit D. For reference, the Zoning Administrator adopted a resolution approving amendment to CUP No. 2003 -26 as conditioned at its December 16, 2009 meeting. The amendment to the CUP was a request to upgrade the existing Type 20 Alcoholic Beverage Control (ABC) license to a Type 21 ABC license and allow the sale of beer, wine and distilled spirits for off - premise consumption. Property Description The project site is located at the northwest corner of Main Street and Sunflower Avenue. The site is fully developed with a 5,244 square foot multi - tenant retail center on a 22,200 square foot lot. A total of 26 parking spaces have been provided for the site based on a retail parking demand of one space per 200 square feet of gross floor area. The retail building, divided into four tenant spaces, currently contains three tenants with the fourth unit vacant. Qwik Korner convenience store, which occupies Unit D, is a 2,202 square foot grocery and liquor store; Qwik Korner Breakfast Hoagy Subs Deli, which occupies Unit C, is a 1,018 square foot delicatessen; and Javatinis Coffee Lounge, which occupies Unit A, is a 994 square foot coffee house. There were no land use violations on the property at the time of inspection. E1" A3 CUP No. 2009 -23 January 11, 2010 Page 2 The zoning designation for the site is Arterial Commercial (C5), which is consistent with the General Plan land use designation of General Commercial (GC). Surrounding land uses include single - family dwellings to the north and west, agricultural land in the City of Costa Mesa to the south, and light industrial uses to the east (Exhibits 1 and 2). Project Description Qwik Korner convenience store currently operates from 6:00 a.m. to 10:00 P.M., seven days a week. The applicant is proposing to extend the business hours for the convenience store and operate 24 hours a day, seven days a week. Analysis of the Issues A conditional use permit is required for retail establishments having less than 20,000 square feet of floor area that are open at anytime between the hours of 12:00 midnight and 5:00 a.m., since these businesses have the potential to impact surrounding businesses and residential neighborhoods. The proposed convenience store will operate 24 hours a day, 7 days a week and will offer general merchandise in addition to alcoholic beverages to the community. The applicant is requesting to extend its hours of operation in order to maintain the economic viability of the business, due to the present economic climate. Qwik Korner is located on a parcel of land that fronts two major arterial streets and is physically and visually separated from the residential neighborhood by a six -foot block wall. To prevent any potential noise impact to the adjacent residential neighborhood, conditions that limit the delivery times to the center have been added. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department's conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. Since high crime is not an issue at this location, staff is recommending approval of the CUP provided that the applicant agrees to conditions that are imposed to prevent this location from becoming an attractive nuisance that adversely impacts the adjacent residents (Exhibit 3) . The police department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. 31A-4 CUP No. 2009 -23 January 11, 2010 Page 3 In summary, the project will not create additional negative impacts to the surrounding business and residents as conditioned and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit 2009 -23 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. Class 1 exemption consists of the licensing of existing private structures involving negligible or no expansion of an existing use. Categorical Exemption Environmental Review No. 2009 -145 will be filed for this project. Lucy Linnaus, AIA Senior Planner LL:jm Reports \cup09 -23 Qwik Korner afterhours.pc 31A-5 AZ�w Vincent Fr go o, AICP Principal Planner Al GENERAL AGRICULTURAL CR COMMERCIAL RESIDENTIAL Rl SINGLE - FAMILY RESIDENCE -B PARKING MODIFICATION GC GOVERNMENT CENTER R2 TWO- FAMILY RESIDENCE C -SM COMMERCIAL SOUTH MAIN M1 LIGHT INDUSTRIAL R3 MULTIPLE - FAMILY RESIDENCE Cl COMMUNITY COMMERCIAL M2 HEAVY INDUSTRIAL R4 SUBURBAN APARTMENTS C1 -MD COMM. COMMERCIAL - MUSEUM DISTRICT MO MILITARY OPERATIONS RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL O OPEN SPACE SD SPECIFIC DEVELOPMENT C3 CENTRAL BUSINESS P PROFESSIONAL SP SPECIFIC PLAN C3 -A CENTRAL BUSINESS - ARTIST' VILLAGE PCD PLANNED COMMUNITY DEVELOPMENT C4 PLANNED SHOPPING CENTER PRD PLANNED RESIDENTIAL DEVELOPMENT C5 ARTERIAL COMMERCIAL CUP 09 -23 QWIK KORNER CONVENIENCE STORE 3960 SOUTH MAIN STREET, UNIT D - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 3' NLr 1 ��P Q 0�' w LIGHT INDUSTRIAL Q w ui STEVENS AV. ~ � 0 5` A J STEVENS Cc PROJECT SITE Z SINGLE FA LY RESI ENTIAL R c O z SUNFLOWER AVENUE C i t y o f C o s t a M e s a ly CUP 09 -23 Asa A QWIK KORNER CONVENIENCE STORE 3960 SOUTH MAIN STREET, UNIT D P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 fx-7 IT 2 Santa Ana Police Department Statistics Report for 3960 South Main Street Qwik Korner Plaza Date /Time Location Final 12/12/09 06:41 3960 S MAIN S "1' #C _ 459AB 12/12/09 06:31 3960 S MAIN ST #C 1459AB 112/12/09 03:56 3960 S MAIN ST #C 459AB 12/11/09 22:12 3960 S MAIN ST #C '= 459AB 11/19/09 22:24 3960 S MAIN ST #C r- 459A 10/19/09 13:12 3960 S MAIN ST #D INFOR 10/13/09 05:50 3960 S MAIN ST 459A 09/14/09 21:06 3960 S MAIN ST #C 07/28/09 19:11 3960 S MAIN ST 4880 07/03/09 16:48 3960 S MAIN ST #D 2115 07/03/09 16:44 3960 S MAIN ST #C QWIK KORNGR 2115 05/29/09 05:57 3960 S MAIN ST 459A 05/09/09 02:39 _ 3960 S MAIN S "1' CSI 05/09/09 02:11 3960 S MAIN ST 459A 07/26/08 06:54 3960 S MAIN ST 1459A 07/16/08 07:01 3960 S MAIN ST 920F 01/11/08 18:49 13960 S MAIN ST 488R 09/19/07 23:13 3960 S MAIN ST CSIF 109/19/07 22:43 3960 S MAIN ST � 459CR 09/17/07 01:47 3960 S MAIN ST 459CR 07/22/07 17:40 _ 3960 S MAIN S "T 459FAR 07/19/07 22:41 13960 S MAIN ST 459A 107/15/07 16:50 3960 S MAIN ST 459FAR 107/07/07 17:46 3960 S MAIN ST 459A 07/04/07 11:09 3960 S MAIN ST 459FAR 01/18/07 18:25 08/05/06 08:46 3960 S MAIN ST 3960 S MAIN ST 586 1660 06/21/06 20:38 3960 S MAIN ST PATCK 01/29/06 19:453960 S MAIN S "f #D =1�^ 21 IPR 112/01/05 09:01 3960 S MAIN ST #D it INFOR 109/08/05 07:52 13960 S MAIN ST T504R 09/01/05 11:34 3960 S MAIN ST 503R 108/09/05 07:46 3960 S MAIN ST 4888 08/05/05 12:32 3960 S MAIN ST 4880 107/27/05 09:55 3960 S MAIN ST 487R CUP 09 -23 Exhibit 3 lki bk 1/6/10 RESOLUTION NO. 2010 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2009 -23 AS CONDITIONED TO ALLOW THE OPERATION OF A RETAIL MARKET BETWEEN THE HOURS OF 12:00 A.M. AND 5:00 A.M. FOR THE PROPERTY LOCATED AT 3960 SOUTH MAIN STREET, UNIT D BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a conditional use permit to operate a retail market between the hours of 12:00 a.m. and 5:00 a.m. for the property located at 3960 South Main Street, Unit D. B. Conditional Use Permit No. 2009 -23 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on January 11, 2010. C. Conditional Use Permit No. 2009 -23 has been filed with the City of Santa Ana seeking to allow a retail market to operate twenty -four hours a day within the Arterial Commercial (C5) zoning district. Santa Ana Municipal Code Section 41- 424.5(1) authorizes small retail establishments to open at any time between the hours of 12:00 a.m. and 5:00 a.m. subject to the issuance of a conditional use permit. 2. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed business hours between 12:00 midnight and 5:00 a.m. will contribute to the general well being of the community by providing general merchandise to the community and allowing the community to purchase items generally unavailable during these hours from other retail establishments. Conditions have been placed on the extended hours or operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution 2010 -01 Page 1 of 7 iki LAW, Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed business hours between 12:00 midnight and 5:00 a.m. will provide additional service to the store patrons and the adjacent community. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Qwik Korner is located on a parcel of land that fronts two major arterial streets and therefore is suitable for the proposed use. Qwik Korner has been an established and viable business at this location since 1990, which will assist in maintaining the economic viability of the retail center. The addition of the proposed business hours between 12:00 midnight and 5:00 a.m. to the retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m., the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. V. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Convenience stores and ancillary uses such as alcoholic beverage control licenses are permitted within the General Commercial (GC) General Plan designation and the Arterial Commercial (C5) zoning district. The proposed project is not located in a specific plan area in the City. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. Class 1 exemption consists of the licensing of existing private structures involving negligible or no expansion of an Resolution 2010 -01 Page 2 of 7 existing use. Categorical Exemption Environmental Review No. 2009 -145 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3960 South Main Street, Unit D: Conditional Use Permit No. 2009 -23, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a retail market to be open between hours of 12:00 a.m. and 5:00 a.m. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated January 11, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of January, 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Christopher Leo Chairman 31 A -11 Resolution 2010 -01 Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010 -01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 11, 2009 . Date Planning Commission Secretary City of Santa Ana 31 A -12 Resolution 2010 -01 Page 4 of 7 Conditions for Approval for Conditional Use Permit No. 2009 -23 Conditional Use Permit No. 2009 -23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009 -53. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six -foot high masonry wall shall be maintained at the north and east property line to separate this use from adjacent residential use. 4. There shall be no deliveries between 11:00 p.m. and 6:00 a.m. A. Police Department 1. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 2. There shall be no amusement machines or video games maintained on the premises at any time. 3. All public telephones shall be located on the interior of the premises and restricted to outgoing calls only. EXHIBIT A Resolution 2010 -01 Page 5 of 7 31 A -13 4 . Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 5. The petitioner(s) shall post a placard prohibiting loitering, pursuant to California Penal Code (CPC) Section 602, on the exterior of the premises. 6. It shall be the petitioner(s) responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 7. This conditional use permit shall be reviewed by the Police Department after 90 days, six months and one year, and annually thereafter for modifications or violations of any of the conditions. 8. Existing store and required parking within the entire commercial center must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 9. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. lo. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 11. Window displays and racks must be kept to a maximum height of three feet including merchandise. 12. A timed - access cash controller or safe drop must be installed. 13. Interior displays and racks must be kept to a maximum of five feet including merchandise. 14. Install a silent armed robbery alarm. Resolution 2010 -01 Page 6 of 7 31A -14 15. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: (a) A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. (b) A minimum of one color camera that views the full length side of a customer at the cash register area. (c) A color camera recorder capable of recording events on all cameras simultaneously. (d) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. (e) If video tape is used, tapes cannot be taped over more than six times. (f) An audio recording component that will record sounds occurring at the customer counter. 16. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. Resolution No. 2010 -01 Page 7 of 7 31 A -15 iks F.AI5114011�, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: SANTA ANA ENTERPRISE ZONE EXPANSION APPLICATION CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submission of an application to the California Department of Housing and Community Development for the expansion of the Santa Ana Enterprise Zone. DISCUSSION On September 2, 2009, the City of Santa Ana received a Final Designation from the California Department of Housing and Community Development for a new 15 -year Enterprise Zone, which was retroactively effective to June 8, 2008. The Enterprise Zone program was established by the State of California Legislature for the purpose of stimulating the economy in areas deemed by the State to be economically challenged. The program offers State Tax Incentives to businesses in the zone which, in turn, helps the City retain and attract companies within the zone. The program regulations allow for Enterprise Zones to expand their zone by up to fifteen percent of the originally approved area. The fifteen percent expansion areas do not have to meet the strict requirements of the original Enterprise Zone areas. Through the expansion process, more businesses will become eligible to reduce their costs by taking advantage of the various Enterprise Zone State Tax incentives. A map depicting the current and proposed zone boundaries is attached as Exhibit 1. 55A -1 U Santa Ana Enterprise Zone Expansion Application February 1, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Cyntliia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /LS /MM /kg 55A -2 Exhibit 1 55A -3 55A -4 LST1.20.10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXPANSION OF THE ENTERPRISE ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines and declares as follows: A. On September 2, 2009, the City of Santa Ana ( "City ") received a Final Designation from the California Department of Housing and Community Development (HCD) for a new fifteen (15) year Enterprise Zone, which became effective June 8, 2008. B. The Enterprise Zone program was established by the State of California legislature for the purpose of stimulating the economy in areas deemed by the State to be economically challenged. The Program offers State Tax Incentives to businesses in the Zone which, in turn, help the City retain and attract companies within the Zone. C. The Program regulations allow for Enterprise Zones to expand their Zone by up to fifteen percent (15 %) of the originally approved area. The 15% expansion areas do not have to meet the strict requirements of the original Enterprise Zone areas. Through the expansion process, more businesses will become eligible to reduce their costs by taking advantage of the various Enterprise Zone State Tax Incentives. D. The City Council of the City of Santa Ana wishes to expand the boundaries of its Enterprise Zone to include the geographic area set forth in the attached boundary map. E. Land included with the proposed expansion area is zoned for industrial or commercial use and the City has jurisdiction over the proposed expansion area. Section 2. The City Council of the City of Santa Ana does hereby support and approve the Santa Ana Enterprise Zone expansion into the areas of the City of Santa Ana as shown on the attached map and hereby approves and authorizes the submittal of the expansion application to be filed with HCD. Section 3. The City Council deems the Deputy City Manager for Development Services as the Contact Person on behalf of the City. The City Council hereby directs and authorizes the Deputy City Manager for Development Services or their designee, on behalf of the City, to sign the application and execute all documents, Memoranda of Understanding, and instruments necessary or appropriate for implementation of the expansion of the Enterprise Zone. Section 4. This Resolution shall take effect immediately after its adoption. Resolution No. 2010-. 55A-5 ADOPTED this day of February 2010. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY LST1.20.10 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- to be the original resolution adopted by the City Council of the City of Santa Ana on February 1, 2010. Date: Clerk of the Council City of Santa Ana Resolution No. 2010-. 55A-6 City of Santa Ana Enterprise Zone and Proposed Expansion Area Enterprise zone (Effective June 8 2008) Proposed Enterprise Zone Expansion 7 Exhibit 1 55A-7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: PUBLIC HEARING — ORDINANCE AMENDMENT NO. 2009 -02 TO AMEND CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH A NEW APPLICATION FEE FOR THE PRIVATE PARTY NOMINATION OF PROPERTIES TO THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES 'l(� ✓� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve and adopt Ordinance Amendment No. 2009 -02 to add section 30- 2.4 to the Santa Ana Municipal Code establishing a fee requirement for applications to designate a building on the city Register of Historical Properties, or appeal to the City Council. 2. Adopt a resolution establishing the application and appeal fee, and adding these fees to the Miscellaneous Fee Schedule. DISCUSSION In March 2009, the City Council adopted a resolution that provided for a comprehensive update of the City's development processing fees and instituted several new fees. The new fee structure was the result of an extensive study by both City staff the consulting firm of MGT of America, Inc. and resulted in fees based on actual cost for service. However, the list of new fees did not include a fee for private party nominations of properties to the Santa Ana Register of Historical Properties. Since the establishment of the Register the staff services required to place a private property on the Register have been provided pro bono. Given the City's current and future projected budget status, the amount of staff work required to place private properties on the Register, and the current inventory of properties already listed on the Register, staff believes that it is now prudent to institute a fee for private party nominations of properties to the Santa Ana Register of Historical Properties. Fee Methodology The methodology used to study the appropriate fee amount to be established analyzed both the direct and indirect costs associated with providing the listing services. Direct costs were calculated by determining the actual time and materials involved in processing the 75A -1 New Application Processing Fee February 1, 2010 Page 2 applications from the submittal of the initial application through the final recordation of the property. Indirect costs were calculated based on either the number of full time positions (FTEs), the percentage of budget allocation or the percent of work product generated, whichever was most applicable to the type of work performed. This total indirect cost was then spread proportionately over the various services based on the percentage of applications /permits processed of that type. Examples of indirect costs include support from agencies such as the City Manager's Office, Finance and Management Services, the City Attorney's Office and Personnel Services. Listing Process Currently there are two ways for a property to be added to the Santa Ana Register of Historical Properties. The first is through a City sponsored nomination process. These are properties that have been identified by the City as having historic significance as a contributing property, key property or landmark. The second way is through a voluntary private party nomination, often called a self - nomination, by the property owner. These are properties that meet the eligibility criteria established by SAMC Chapter 30 - Places of Historical and Architectural Significance to be added to the register, but that were not identified by the City as having special historic significance. In most cases, the properties nominated through private property self - nomination process fall into the lowest qualifying category of Contributive. Mills Act The most common reason for property owners to request their properties be added to the historic register is to enter into a historic property preservation agreement known as a Mills Act contract. The property must be listed on the Register in order to be eligible for this benefit. This contract, enacted between the property owner and the City, requires the property owner to protect and preserve the historic nature of the property over the term of the contract. In exchange for this preservation, the property owner is able to take advantage of substantial property tax savings through tax credits for the life of the agreement. Impact of New Fee on Future Listings When the decision was made not to establish a fee for self - nominated properties it was believed that the establishment of a fee would discourage property owners from listing their properties. As the entire listing process was new and many historically significant properties were at risk of being lost of altered, the incentive provided by the free application was warranted at the time. However, in the almost 10 years that the program has been in existence the City, through a combination of City- initiated and self - nominated applications, has added over 540 properties to the Register. 75A -2 New Application Processing Fee February 1, 2010 Page 3 At this time the most significant properties have received historic status and further listings of self- nominated properties are primarily for the purpose of receiving the Mills Act tax reduction. The establishment of this fee, though it may result in a reduction of the number of self- nominated historic properties, does not restrict the City's ability to list properties through the City- initiated process. In this way, historically significant structures that may be identified in the future can still be listed without any cost to the property owner, thereby ensuring the City's ability to preserve significant historic properties. Fee Establishment While a fee already exists for Historic Property Preservation Agreements (Mills Act), there is currently no fee associated with a request to be added to the historical register. The lack of a fee results in the applicant receiving a sizable subsidy from the general taxpayer due to the great deal of time and materials required to process these requests. Given the City's current and future projected budget status, the amount of staff work required to place private properties on the Register, and the current inventory of properties already listed on the Register, staff believes that it is now prudent to institute a fee for private party nominations of properties to the Santa Ana Register of Historical Properties. The fee of $4,754 per application for private party nominations to the Historical Register establishment is based on full cost recovery fee for the staff services provided. It is also recommended that the City Council adopt a resolution adding this fee and its associated appeal fee to the Miscellaneous Fee Schedule. FISCAL IMPACT It is estimated that the proposed changes to the fee schedule will generate an additional $118,700 to the general fund revenue annually. This estimate is based on a maximum of 25 applications processed per calendar year, a cap established by the City Council sub - committee and approved at the City Council meeting held August 3, 2009. However, it is anticipated that with the introduction of a fee for private party nominations that this number will be markedly less in future years. Trevino Executive Director Planning & Building Agency MF:rb mf \reports \Historic Registry RFCA 75A -3 75A-4 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE AN APPLICATION AND APPEAL FEE TO BE CHARGED TO APPLICANTS SEEKING TO ADD A PROPERTY TO THE CITY'S REGISTER OF HISTORIC PLACES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Since the establishment of the City of Santa Ana Historic Register, staff services required to place a private property on the Register have been provided for free. B. In the almost 10 years that the program has been in existence the City, through a combination of City- initiated and self- nominated applications, has added over 540 properties to the Historic Register. C. Given the City's current and future projected budget status, the amount of staff work required to place private properties on the Historic Register, and the current inventory of properties already listed on the Register, staff believes that it is now prudent to institute a fee for private party nominations of properties to the City of Santa Ana Register of Historical Properties. Section 2. Section 30 -2.4 is added to Chapter 30 of the Santa Ana Municipal Code to read in full as follows: Sec. 30 -2.4. Same -- Filing fees. Every application under this chapter to designate a building, or part thereof, structure, object or site for inclusion on the city register of historical properties or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempt from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. 75A -5 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 )2010. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers NOT PRESENT Councilmembers Councilmembers 75A -6 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -7 [rlIQOO� bk:10/27/09 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING AN APPLICATION FEE FOR PROCESSING OF APPLICATIONS SEEKING TO ADD A PROPERTY TO THE CITY'S REGISTER OF HISTORIC PLACES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. The FY 2009 -10 Miscellaneous Fee Schedule was established by the City Council by Resolution No. 2009 -030. The Planning and Building Agency has continued to analyze the cost to administer certain programs, such as the placement of a property on the City of Santa Ana Historic Register, for which the City charges no application processing fee. B. A true and correct copy of the full study which substantiates this proposed fee, and the appeal fee already existing in the Miscellaneous Fee Schedule for all appeals, has been placed on file with the Clerk of the Council for the statutory period required by Government Code § 66000, et seq. The study methodology analyzes the average volume of applications during a year. A separate evaluation analyzed the time and motion of processing the various project types. The third and final analysis calculated the average overhead and indirect expenses required to provide these city services. C. Section 200 of the City's Charter; state law, including but not limited to Article XI, section 5 of the Constitution and Government Code §§ 65943, 66014, subdivisions (a) & (b), and 66451.2; and various provisions of the Santa Ana Municipal Code authorize the imposition of the fees and charges set forth herein. The City Council further finds, determines and declares that the fees and charges set forth herein do not exceed the estimated reasonable cost of providing the service for which such fees and charges are charged. D. The Request for Council Action for this resolution dated November 2, 2009 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this resolution and accompanying ordinance, any amendments or supplements, the materials and study on file with the Office of the Clerk of the Council, and oral and written testimony constitute the necessary findings for this action. 75A -9 Section 2: An application fee pursuant to Section 30 -2.4 of the Santa Ana Municipal Code of $4,754.00 shall be levied upon applicants until further resolution of this Council. The standard Planning and Building appeal fee as set forth in Resolution No. 2009 -030, of $3,480.00(applicant) $350.00 (non - applicant), shall apply to appeals to the City Council pursuant to said Section 30 -2.4. Section 3: That without further action of the City Council said charges, fees and service charges shall be incorporated into the City's Miscellaneous Fee Schedule. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution, except that, as required by Government Code § 66017(a), the fee modifications set forth herein shall not take effect for sixty (60) days after adoption of this Resolution. ADOPTED this day of 12010. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Benjamin Kaufman Chief Assistant City Attorney Miguel A. Pulido Mayor 75A -10 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Resolution No. the City of Santa Ana on Date: Clerk of Council, do hereby attest to and certify the attached to be the original resolution adopted by the City Council of Clerk of Council City of Santa Ana 75A -11 75A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 1, 2010 TITLE: PUBLIC HEARING - MODIFICATIONS TO VARIANCE NO. 2004 -09 FOR THE PROOF BAR LOCATED AT 215 NORTH BROADWAY - JUSTIN REUTER AND JOEY MENDES, APPLICANTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving modifications to Variance No. 2004 -09 as conditioned. PLANNING COMMISSION ACTION On December 14, 2009, the Planning Commission adopted a resolution approving modifications to Variance No. 2004 -09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned; and adopted a resolution approving modifications to Variance No. 2004 -09 pertaining to dancing, and use of the rear door by a vote of 6:0 for the Proof Bar located at 215 North Broadway. The Planning Commission deleted Condition No. 24 in the staff report (Exhibit A), regarding use of the rear door for emergencies and deliveries. This allows for Proof Bar's patrons to use the alley area behind the bar primarily as an outdoor smoking area. There would be no liquor service available in the outdoor area. On January 4, 2010, the City Council set the matter for Public Hearing at the February 1, 2010 City Council Meeting by a vote of 7:0. FISCAL IMPACT There is no fiscal impact associated with this action. 1�� Ja . Trevino Executive Director Planning & Building Agency SK:rb sk \reports \va04 -09 Proof Bar mod.020110.cc 75B -1 75B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 14, 2009 TITLE: PUBLIC HEARING - MODIFICATIONS TO VARIANCE NO. 2004 -09 FOR THE PROOF BAR LOCATED AT 215 NORTH BROADWAY, JUSTIN REUTER AND JOEY MENDES, APPLICANTS Prepared by Sergio Klotz Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO KAA_C� Or:�� Planning Manager 1. Adopt a resolution approving modifications to Variance No. 2004 -09 allowing a cover charge, serving draft beer, allowing bottle service, advertising or signs indicating the availability of alcohol, expansion into the basement level and allowing the hours of operation from 11:00 a.m. to 2:00 a.m. as conditioned. 2. Adopt a resolution denying modifications to Variance No. 2004 -09 pertaining to dancing, outdoor patio area and an open rear door. These conditions are to remain in place. DISCUSSION Request of Applicant Mr. Justin Reuter and Mr. Joey Mendes, are requesting approval to modify the Building located at 215 North Broadway. Property Description business partners of the Proof bar, conditions for a bar in the Santora The bar is located in the Santora Building within the Artists Village. The building, constructed in 1929, is located at the northeast corner of Broadway and Second Street. The bar is located on the ground floor of a two -story commercial building with frontage on Broadway. The subject site has a zoning designation of Central Business - Artists Village (C3 -A) and has a General Plan land use designation of District Center (DC). EXHIBIT A 75B -3 Modification to Variance No. 2004 -09 December 14, 2009 Page 2 The surrounding uses include a collection of restaurant, retail, artist galleries and studios within the Santora Building: a vacant building, a former electric substation and future live -work lofts to the east; a public garage and a variety of office and commercial uses to the north; multi - family residential uses and assorted commercial uses to the west; and restaurant and the Cal State Fullerton gallery, art program and student housing to the south (Exhibits 1 and 2). Project Description The bar currently occupies approximately 2,249 square feet on the ground floor of the Santora Building. The existing floor plan layout consists of a fixed bar, storage space and non -fixed seating and tables (Exhibit 3). The applicant proposes modifications to the existing conditions of Conditional Use Permit No. 2004 -21 (Exhibit 4). The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. Analysis of the Issues Variance No. 2004 -09 was granted to allow a bar use within the Artists Village zone. Along with the variance granted, conditions of approval mirroring Conditional Use Permit No. 2004 -21 were also granted. The request of the applicants is identical with their request to modify CUP No. 2004 -21. Staff has analyzed the modifications to Variance No. 2004- 09 consistent with the analysis and recommendation of CUP No. 2004 -21. The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. In 2004, when the Proof Bar was granted permission to operate a bar within the downtown, conditions were imposed to ensure that the bar would operate in concert with the surrounding uses. The conditions that were imposed were intended to mitigate potential impacts created by the use and help to ensure the use would not negatively affect the surrounding community. During the continuance period since the initial Zoning Administrator hearing in February 2008 the Police Department noted a significant number of calls for service to the area. These 75B -4 Modification to Variance No. 2004 -09 December 14, 2009 Page 3 calls included a variety of incidences ranging from drunk in public, fighting, stabbing and shooting. During these calls for service it was observed that the bar facility was not operating within the boundaries of the conditions of approval. Staff brought these matters to the attention of Mr. Reuter and Mr. Mendes approximately six months ago and since then the operation has not had calls for service. The Police Department has reviewed the application for police- related concerns. The bar is located within an area of the City considered above average in police- related incidents. The area is located in Reporting District No. 165, which ranks 10th out of 102 citywide districts in total number of police - related incidents, which is not unusual for a high - activity area such as the Artists Village. In order to minimize the potential impacts associated with late hours and alcoholic beverage sales at this location, the Police Department recommended conditional approval of the project in 2004. These conditions are intended to mitigate any problems that may negatively affect the adjacent neighborhood and surrounding area that may result from the bar operations. Based on the time that has passed since the last Zoning Administrator hearing, staff has had an opportunity to further analyze the applicant's request. The following provides a brief analysis of each condition's modification request: Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. Currently, Variance No. 2004 -09 allows the bar to operate from 4:00 p.m. to 2:00 a.m. seven days a week. Those hours are consistent with the hours requested by the original applicant in 2004. The current owners of the bar have requested a start time of 6:00 a.m. to accommodate potential special events. The earlier than normal start time is concerning to staff based on the potential negative effects stemming from the early start and are recommending an amendment to allow the hours of operation from 11:00 a.m. to 2:00 a.m. No sales or consumption of alcoholic beveraqes shall take place outside. The applicant is requesting the use of the public alley behind the building for use as an outdoor area. While outdoor dining areas are commonplace within the downtown setting, outdoor liquor service in the absence of a food menu is not. This request creates two issues of major concern. 75B -5 Modification to Variance No. 2004 -09 December 14, 2009 Page 4 The first area of concern is the potential for near -term and long -term incompatibility of land use. Currently, within the immediate surroundings residential uses are located within the Cal State Fullerton building along Second Street, as well along the west side of Broadway from First to Third Streets. Future residential uses along Sycamore Street between Second and Third Streets are already entitled and the potential addition of mixed -use zoning in the downtown could bring further residential units. Additionally, many commercial uses ranging from office to retail are located adjacent to or in close proximity of the bar. Staff has strong concerns that the use of the alley space may create negative issues with existing and future surrounding uses. The potential negative concerns include loitering, glare, noise, appearance and general clean up, any one of which may pose an issue with the continued orderly development of the area. The second area of concern relates to the assumption that the public alley is available to the applicant for purposes of expanding the bar's operations outdoors. The Santa Ana Municipal code contains provisions for outdoor dining in the public right of way (SAMC 33 -168 et. seq.). Pursuant to section 33 -170 the Director of Public Works may grant an outdoor dining permit to allow food service establishments to create service areas in the public right -of -way. However, such permits may only be granted for areas that are immediately adjacent to a food service establishment. As Proof is not a food service establishment, but is instead a bar with no food service, they would not be eligible for an outdoor dining permit. Staff cannot recommend approval of the applicant's request to modify the condition prohibiting the outdoor sales and service of alcohol. Further, the code prohibits such use due to the requirement that outdoor dining permits may only be granted to food service establishments. Staff recommends that the Planning Commission confirm the action of the Zoning Administrator regarding the retention of this condition. The rear door shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door not to consist solelv of a screen or ventilated securitv door. This condition was originally retained by the Zoning Administrator. The applicant has appealed this condition in order to request that the rear door be allowed to remain open, thereby allowing patrons to congregate in the public alley directly behind the bar. The appeal of this condition is directly associated with the above request to allow an outdoor area. The Modification to Variance No. 2004 -09 December 14, 2009 Page 5 allowance to have the rear door open could create land use incompatibilities by allowing noise from the interior to escape and raise the noise level on the exterior. In addition, modification of this condition would allow Proof to effectively create an outdoor dining area not associated with a food service establishment, which is in violation of SAMC 33 -170. Staff recommends that the Planning Commission confirm the action of the Zoning Administrator regarding the retention of this condition. The sale of draft beer is prohibited. The sale or service of beer on tap (or draught beer) is prohibited. This condition was originally crafted based on the previous applicant's business plan to not include beer sales but rather a "martini bar." Amendments to these conditions are recommended for approval with a revised condition to not allow the sale of pitchers of beer. Therefore the revised condition will read, "The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited." No distilled spirits shall be sold by the bottle. There appears to be a new trend in establishments selling alcohol to allow customers to order and have delivered an entire bottle of premium liquor to a table. For example, a customer would order their favorite bottle of vodka, have it delivered to their table and would serve and consume the alcohol at their leisure, without the assistance or supervision of the waiter or waitress staff. There is strong concern with this form of consumption due to the lack of monitoring by the operator or staff. Additionally, this concern would be exacerbated if outdoor and basement areas were allowed. The potential for unsupervised consumption could occur potentially resulting in excessive alcohol consumption due to the lack of waiter staff oversight. At the February 20, 2008 hearing the Zoning Administrator recommended approval of the request with modifications to the conditions. Staff is recommending a condition that a pouring device used to control portions must be attached to any champagne or distilled spirits when sold by the bottle and the submittal of an operation plan outlining the method by which the operator will train its staff and program the operation to ensure the conditions are followed. 75B -7 Modification to Variance No. 2004 -09 December 14, 2009 Page 6 There shall be no dancing allowed on the premises. Although a condition was placed on Variance No. 2004 -09 prohibiting dancing within this establishment, Chapter 11 of the Santa Ana Municipal Code (SAMC) addresses the conditions in which dancing and alcohol sales are allowed to occur. The restrictions on dancing are established in Chapter 11 of the SAMC. According to Chapter 11 there are two circumstances under which dancing is permissible: a public dance hall allows dancing with not less than a 500 square foot dance floor but does not allow the sale of alcoholic beverages, additionally a public dance hall is considered a regulated use, similar to bars, where the standards for their location include a separation from sensitive uses, as well as from other regulated uses; a public dancing place is required to be a bona fide eating establishment as defined by the California Business and Professions Code. Further, it requires a dance floor of not less than 300 square feet, seating at tables for at least 50 patrons, and no less than 20 percent of the floor space dedicated as a kitchen facility. The intent is to create a dinner /dance location, such as the Black Angus, where dancing is an ancillary use. The Proof Bar does not meet either standard and therefore cannot be issued a dance permit under the existing standards contained in Chapter 11. The Police Department will be contemplating an Ordinance Amendment to change the standards to allow dancing within the C3 -A zone. These changes will directly impact bars and restaurants within the Artists Village by allowing dancing. The dance ordinance change will allow the Proof Bar to apply to allow patrons to dance while listening to entertainment. With the pending ordinance amendment, staff supports a modification of the condition should the dance ordinance amendment be approved. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availabilitv of alcoholic beverages. The applicant has requested the ability to provide an exterior vertical sign immediately outside on the west elevation. The applicant is proposing to include the word "cocktail" within the sign copy. Staff recommends approval of a modification that will allow the request as a part of the business name advertising. Modification to Variance No. 2004 -09 December 14, 2009 Page 7 Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. The applicant has requested the use of a basement level room, that would be accessed via a stairway leading from the main bar area, as an expansion of the bar. Expansion into the basement area for utilization similar to the ground level bar is problematic; therefore, staff recommends additional conditions of approval to mitigate any potential negative impacts. The addition of conditions to ensure supervised consumption of alcohol, provision of staff at all times within the basement whenever the establishment is operating for security purposes and the use of the basement access door only for emergency purposes will mitigate any potential impacts. With the inclusion of these conditions, staff recommends approval of the applicant's request to expand the service area into the basement room. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2008 -39 will be filed for this project. Sei/gio lofu AICP Princi nl P nnr SK: jm " sk \reports \va04 -09 Proof Bar mod.121409.pc �1 J R1 I R7 R7 Rt ! Ron Ron f 1 Ron 3. 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Police Department 1. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4:00 p.m. and 2:00 a.m., daily. 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6. The sale of draft beer is prohibited. 7. The sale or service of beer on tap (or draught beer) is prohibited. 8. No distilled spirits shall be sold by the bottle. 9. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. EXHIBIT 4 Page 1 of 4 75B -17 10. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 11. Entertainment provided shall be limited to a maximum of five musicians. 12. There shall be no dancing allowed on the premises. 13. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 15. There shall be no coin operated games or video machines maintained upon the premises at any time. 16. There shall be no pool /billiard tables maintained upon the premises at any time. 17. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 18. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 hours of being applied. 19. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602. 20. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 21. Petitioner(s) shall not require an admission charge, a cover charge or donation, nor shall there be a requirement to purchase a minimum number of drinks. Page 2 of 4 ee� 22. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one state licensed uniformed security guard from 6:00 p.m. until one hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 23. The rear door shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Said door not to consist solely of a screen or ventilated security door. 24. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 25. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 26. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 27. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41- 1701.6. 28. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 29. Existing suite and alley lighting must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 30. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Page 3 of 4 75B -19 31. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 32. Window displays and racks must be kept to a maximum height of three feet including merchandise. 33. Install a silent armed robbery alarm. Page 4 of 4 75B -20 bk:12/29/09 RESOLUTION NO. 2009 -21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA GRANTING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 2004 -21 AND VARIANCE NO. 2004 -09 AND GRANTING APPEAL NO. 2009 -06 FOR A TYPE 48 "PUBLIC PREMISES" ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215 NORTH BROADWAY BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of modifications to Conditional Use Permit No. 2004- 21 for a Type 48 (on -site general "public premises ") Alcoholic Beverage Control license and Variance No. 2004 -09 for the property located at 215 North Broadway, currently operated as the Proof Bar. B. The request to modify Conditional Use Permit No. 2004 -21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 4, 2009. C. The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. Following a public hearing, the Zoning Administrator granted the application in part and denied it in part. Appeal No. 2009 -06 to this Planning Commission was thereafter filed by the applicant. D. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. E. The applicant's appeal, together with the request to modify Conditional Use Permit No. 2004 -21 and Variance No. 2004 -09, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 14, 2009. F. During the pendency of its application for modifications, applicant modified or eliminated three (3) requests. Applicant and City staff agreed to extended hours of operation which were less than those initially requested by applicant. Applicant formally withdrew its request for the Planning Commission to permit patron dancing upon staff's proposed revision (which the Planning Commission approves) of Condition No. 13 to the CUP and Variance. Finally, applicant withdrew any request to construct fixtures in the outdoor space behind its tenant space and /or to operate this outdoor space as a patio. Resolution No. 2009 -21 Page 1 75B -21 G. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings of approval. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed modifications to Variance No. 2004 -09 to allow a cover charge, serving draft beer, bottle service, advertising or signs indicating the availability of alcohol, usage of the basement and to allow the hours of operation from 11:00 a.m. to 2:00 a.m. will continue to provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The modifications to the variance help to continue allow the bar within the Artists Village to provide an additional nighttime amenity to the area. The condition modifications could create a negative impact to the surroundings. Additional conditions have been placed on Variance No. 2004 -09 that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the condition modifications allows the applicants to operate a bar within the Artists Village of the downtown. The modifications will add to the growing Artists Village active lifestyle; support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and the bar will contribute to a vibrant evening experience. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The conditions imposed on the variance will mitigate any potential impacts that might occur from the proposed alcoholic beverage sales and entertainment. The additional business will assist in promoting the economic viability and enhance the livability for this area of the downtown. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a bar selling alcoholic beverages pursuant to Chapter 41 of the Santa Ana Municipal Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2009 -21 Page 2 75B -22 The proposed modifications will not adversely affect the General Plan. Bars and ancillary uses such as alcoholic beverage control licenses are permitted within the Central Business - Artists Village (C3 -A) zoning district and the District Center (DC) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The modifications supported will help to provide a service to complement other uses within the growing Artists Village. Further, Goal 4.0 of the Land Use Element, protect and enhance development sites and districts which are unique community assets that enhance the quality of life. An establishment that adds to the nightlife of the Artists Village promotes the unique makeup of the area with a mix of residences and commercial businesses. H. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed modifications to conditional use permit to allow a cover charge, serving draft beer, bottle service, advertising or signs indicating the availability of alcohol, usage of the basement and to allow the hours of operation from 11:00 a.m. to 2:00 a.m. will continue to provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The provision of a bar could create a negative impact to the surroundings. Modified conditions have been placed on the Alcoholic Beverage Control license that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The approval of the modifications, noted in subsection1 above, to the conditional use permit will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The sale of alcoholic beverages will occur on the premises. Moreover, conditions are imposed to mitigate potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The "public premises" is a suitable and appropriate use within the downtown setting. The modification supported should increase the patronage within the Artists Village, thereby enhancing the viability of Resolution No. 2009 -21 Page 3 75B -23 the business. Further, with the conditions imposed the use and site should enhance the success of the area building on the successful cultural and business climate of the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a bar selling alcoholic beverages pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed modifications will not adversely affect the General Plan. Bars and ancillary uses such as alcoholic beverage control licenses are permitted within the Central Business - Artists Village (C3 -A) zoning district and the District Center (DC) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The modifications supported will help to provide a service to complement other uses within the growing Artists Village. Further, Goal 4.0 of the Land Use Element, protect and enhance development sites and districts which are unique community assets that enhance the quality of life. An establishment that adds to the nightlife of the Artists Village promotes the unique makeup of the area with a mix of residences and commercial businesses. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2008 -39 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing and being fully advised, hereby: A. grants Appeal No. 2009 -06 as to the deletion of Condition No. 24 to Conditional Use Permit No. 2004 -21 and Variance No. 2004 -09, and denies the remainder of Appeal No. 2009 -06 as moot. B. approves in part and denies in part the request to modify Conditional Use Permit No. 2004 -21 as conditioned in Exhibit A hereto (which shows additions as underlined text and deletions as strikeout text), which is incorporated herein by this reference; and Resolution No. 2009 -21 Page 4 75B -24 C. approves in part and denies in part the request to modify Variance No. 2004 -09 as conditioned in Exhibit B hereto (which shows additions as underlined text and deletions as strikeout text), which is incorporated herein by this reference. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Requests for Planning Commission Action dated December 14, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14t" day of December, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2009 -21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 14, 2009. Date Planning Commission Secretary City of Santa Ana 75B -25 Resolution No. 2009 -21 Page 5 CONDITIONS TO CONDITIONAL USE PERMIT NO. 2004-21 Should modification to Conditional Use Permit No. 2004 -21 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. Should modification to Conditional Use Permit No. 2004 -21 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04 -049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. 4. Prior to issuance of a certificate of occupancy for the basement space all code requirements, including but not limited to Building and Fire items shall be in compliance. B. Police Department Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4.00 p.m. 11:00 a.m. and 2:00 a.m., daily. EXHIBIT A Resolution No. 2009 -21 Page 6 75B -26 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6 The sole of dFaft hoer ,s prohibited-, The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited. 8. An alcohol - pouring device used to control portions must be attached to any champagne or distilled spirits when sold by the bottle. 9. Prior to Planning Commission approval. the operator shall submit for review and approval to both the Police Department and Planning Division a Security and Operations Plan outlining the services provided, employees and duties /titles, schedule of events /entertainment planned, outline the method to provide service at the tables and basement level, as well as any other information outlining the security and operations of the establishment. This plan once approved by the Police Department and Planning Division shall become a condition of approval for this discretionary action. Any modification to this Security and Operations plan must be pre- approved by both the Police Department and Planning Division. The security plan shall contain the following_ a. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. The door shall be equipped with an audible alarm that is activated upon the opening of the door. Resolution No. 2009 -21 Page 7 75B -27 On Friday and Saturday evenings between the hours of 9:00 p.m. and 2:30 a.m., the licensee(s) shall provide a minimum of one (1) uniformed, licensed security guard for every 100 persons in attendance per event, to maintain order therein and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. The licensee(s) or an employee of the licensee(s) will be present to monitor alcohol consumption in the basement area at all times that alcoholic beverages are being served or consumed. The establishment shall be responsible for submitting to the Police Department a schedule of events or theme nights taking place on the premises on a monthly basis. The Police Department is to receive a copy of the schedule no later than the first day of each month. The licensee shall provide a Closed Circuit Television System approved by the Police Department and capable of viewinq and recording events inside the premises (basement area), the front of the restaurant and rear alley with a resolution which will clearly identify individuals for later identification. Camera system components shall include: A minimum of one color camera at each specified location. A color camera recorder or digital system capable of recording events on all cameras simultaneously. iii. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. Resolution No. 2009 -21 Page 8 �� iv. If video tape is used, tapes cannot be taped over more than six times. V. An audio recording component that will record sounds occurring at the specified location. 10. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 11. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 12. Entertainment provided shall be limited to a maximum of five musicians. 13. The applicant, at all times, shall adhere to Chapter 11 regarding dancing as it may be amended from time to time. There shall be no danninn ai!G ed en the pre, 11— 14. There shall be no exterior advertising of any kind or type, innlu lino advertising beverages.- except as provided for in the Code, or the Alcohol Beverage Control statue and regulations. 15. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 16. There shall be no coin operated games or video machines maintained upon the premises at any time. 17. There shall be no pool /billiard tables maintained upon the premises at any time. 18. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 hours of being applied. 20. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602. 21. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 22. , no shall there be a requirement to P Urnhase minims Anber of dri . The applicant Resolution No. 2009 -21 Page 9 75B -29 shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, donation or any other form of admission charge, including minimum drink orders or the sale of drinks. 23. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 25. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 26. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 27. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 28. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41- 1701.6. 29. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 30. Existing suite and alley lighting must conform to the provisions of Chapter 8, Article Il, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting door /window locking devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 31. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 32. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 33. Window displays and racks must be kept to a maximum height of three feet including merchandise. Resolution No. 2009 -21 Page 10 ��� 34. Install a silent armed robbery alarm. 35. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Resolution No. 2009 -21 Page 11 75B -31 CONDITIONS TO VARIANCE NO. 2004-09 Should modification to Variance No. 2004 -09 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04 -049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. 4. Prior to issuance of a certificate of occupancy for the basement space, all code requirements, including but not limited to Building and Fire items, shall be in compliance. B. Police Department Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4-00 -p.m. 11:00 a.m. and 2:00 a.m., daily. EXHIBIT B Resolution No. 2009 -21 Page 12 75B -32 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6 The sate of draft hoer is prohibiter) The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited. 8. An alcohol - pouring device used to control portions must be attached to any champagne or distilled spirits when sold by the bottle. 9. Prior to Planninq Commission approval. the operator shall submit for review and approval to both the Police Department and Planning Division a Security and Operations Plan outlining the services provided, employees and duties /titles, schedule of events /entertainment planned, outline the method to provide service at the tables and basement level, as well as any other information outlining the security and operations of the establishment. This plan once approved by the Police Department and Planning Division shall become a condition of approval for this discretionary action. Any modification to this Security and Operations plan must be pre- approved by both the Police Department and Planning Division. The security plan shall contain the following: a. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. The door shall be equipped with an audible alarm that is activated upon the opening of the door. Resolution No. 2009 -21 Page 13 75B -33 On Friday and Saturday evenings between the hours of 9:00 p.m. and 2:30 a.m., the licensee(s) shall provide a minimum of one (1) uniformed, licensed security guard for every 100 persons in attendance per event, to maintain order therein and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents. C. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. The licensee(s) or an employee of the licensee(s) will be present to monitor alcohol consumption in the basement area at all times that alcoholic beverages are being served or consumed. The establishment shall be responsible for submitting to the Police Department a schedule of events or theme nights taking place on the premises on a monthly basis. The Police Department is to receive a copy of the schedule no later than the first day of each month. The licensee shall provide a Closed Circuit Television Svstem approved by the Police Department and capable of viewing and recording events inside the premises (basement area), the front of the restaurant and rear alley with a resolution which will clearlv identifv individuals for later identification. Camera system components shall include: A minimum of one color camera at each specified location. A color camera recorder or digital system capable of recording events on all cameras simultaneously. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. Resolution No. 2009 -21 Page 14 75B -34 iv. If video tape is used, tapes cannot be taped over more than six times. V. An audio recording component that will record sounds occurring at the specified location. 10. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 11. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 12. Entertainment provided shall be limited to a maximum of five musicians. 13. The applicant, at all times, shall adhere to Chapter 11 regarding dancing as it may be amended from time to time. There shall be no danninn allowed on the pro .00 14. There shall be no exterior advertising of any kind or type,i r+dyeFtisinn direGted to the exteFieF fFGM Within nremGtinn or indiGatinn the availability of alGGhGIiG beverages. except as provided for in the Code, or the Alcohol Beverage Control statue and regulations. 15. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 16. There shall be no coin operated games or video machines maintained upon the premises at any time. 17. There shall be no pool /billiard tables maintained upon the premises at any time. 18. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 hours of being applied. 20. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602. Resolution No. 2009 -21 Page 15 of 17 75B -35 21. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 22. Petit i enTer /o"Ill not admission GhaFge,, a--GGy r nhnrnc nr don Linn nnr hall thorn be tG nUrnha im numb of dFiR . The applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as adore charge, cover charge, donation or any other form of admission charge, including minimum drink orders or the sale of drinks. 23. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 25. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 26. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 27. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 28. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41- 1701.6. 29. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 30. Existing suite and alley lighting must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2009 -21 Page 16 of 17 61 31. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 32. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 33. Window displays and racks must be kept to a maximum height of three feet including merchandise. 34. Install a silent armed robbery alarm. 35. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Resolution No. 2009 -21 Page 17 of 17 75B -37 bk:1 /25/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GRANTING MODIFICATIONS TO VARIANCE NO. 2004 -09 FOR A TYPE 48 "PUBLIC PREMISES" ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 215 NORTH BROADWAY 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. Applicant is requesting approval of modifications to Conditional Use Permit No. 2004- 21 for a Type 48 (on -site general "public premises ") Alcoholic Beverage Control license and Variance No. 2004 -09 for the property located at 215 North Broadway, currently operated as the Proof Bar. B. The request to modify Conditional Use Permit No. 2004 -21 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on November 4, 2009. C. The changes requested include the hours of operation, outdoor sale and consumption of alcohol, allowing the rear door to be kept open, sale of draft beer, sale of "hard" alcohol by the bottle, dancing, the allowance of a cover charge and the expansion of the bar into the basement. Following a public hearing, the Zoning Administrator granted the application in part and denied it in part. Appeal No. 2009 -06 to this Planning Commission was thereafter filed by the applicant. D. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. E. The applicant's appeal, together with the request to modify Conditional Use Permit No. 2004 -21 and Variance No. 2004 -09, came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on December 14, 2009. F. During the pendency of its application for modifications, applicant modified or eliminated three (3) requests. Applicant and City staff agreed to extended hours of operation which were less than those initially requested by applicant. Applicant formally withdrew its request for the Planning Commission to permit patron dancing upon staffs proposed revision (which the Planning Commission approves) of Condition No. 13 to the CUP and Variance. Finally, applicant withdrew any request to construct fixtures in the outdoor space behind its tenant space and /or to operate this outdoor space as a patio. Resolution No. 2010 -xxx Page 1 7J G. The Planning Commission, by a 6 -0 vote on December 14, 2009, approved the applications and granted the appeal, as modified. H. The City Council, by a 7 -0 vote at its regular meeting of January 4, 2010, subsequently ordered the applicants' request for a modification to Variance No. 2009 -04 to be set for a noticed public hearing before the City Council pursuant to Santa Ana Municipal Code Section 41 -642. Santa Ana Municipal Code Section 41 -638 authorizes the City Council to grant a variance upon making certain findings of approval. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed modifications to Variance No. 2004 -09 to allow a cover charge, serving draft beer, bottle service, advertising or signs indicating the availability of alcohol, usage of the basement and to allow the hours of operation from 11:00 a.m. to 2:00 a.m. will continue to provide an ancillary service and amenity to the Artists Village and thereby benefit the community. The modifications to the variance help to continue allow the bar within the Artists Village to provide an additional nighttime amenity to the area. The condition modifications could create a negative impact to the surroundings. Additional conditions have been placed on Variance No. 2004 -09 that will mitigate potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the condition modifications allows the applicants to operate a bar within the Artists Village of the downtown. The modifications will add to the growing Artists Village active lifestyle, support evening activities and a variety of dining establishments. Downtown should be the place to go to experience the full character of a community, and the bar will contribute to a vibrant evening experience. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The conditions imposed on the variance will mitigate any potential impacts that might occur from the proposed alcoholic beverage sales and entertainment. The additional business Resolution No. 2010 -xxx Page 2 �� will assist in promoting the economic viability and enhance the livability for this area of the downtown. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a bar selling alcoholic beverages pursuant to Chapter 41 of the Santa Ana Municipal Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed modifications will not adversely affect the General Plan. Bars and ancillary uses such as alcoholic beverage control licenses are permitted within the Central Business - Artists Village (C3 -A) zoning district and the District Center (DC) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The modifications supported will help to provide a service to complement other uses within the growing Artists Village. Further, Goal 4.0 of the Land Use Element, protect and enhance development sites and districts which are unique community assets that enhance the quality of life. An establishment that adds to the nightlife of the Artists Village promotes the unique makeup of the area with a mix of residences and commercial businesses. J. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301. This Class 1 exemption applies to alterations to an existing operation or facility with negligible expansion. Categorical Exemption Environmental Review No. 2008 -39 will be filed for this project. Section 2. The City Council, after conducting the public hearing and being fully advised, hereby approves in part and denies in part the request to modify Variance No. 2004 -09 as conditioned in Exhibit A hereto (which shows additions as underlined text and deletions as strikeout text), which is incorporated herein by this reference. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Requests for Council Action dated February 1, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 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 12010. Miguel A. Pulido Mayor Resolution No. 2010 -xxx Page 3 75B -41 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 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010 -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 75B -42 Resolution No. 2010 -xxx Page 4 CONDITIONS TO VARIANCE NO. 2004-09 Should modification to Variance No. 2004 -09 be approved, the project shall comply with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. In addition, it shall meet the following conditions: The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 2. The project shall remain in compliance with Site Plan Review (Development Project No. 04 -049). 3. A C3 parking waiver shall be applied for and approved prior to issuance of certificate of occupancy. 4. Prior to issuance of a certificate of occupancy for the basement space, all code requirements, including but not limited to Building and Fire items, shall be in compliance. B. Police Department Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 4-.90 p.m. 11:00 a.m. and 2:00 a.m., daily. EXHIBIT A Resolution No. 2010 -xxx Page 5 75B -43 2. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 3. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s). 4. The applicant shall post and maintain a professional quality sign on the east elevation of the premises prohibiting the consumption of alcoholic beverages outside the licensed premises. 5. No sales or consumption of alcoholic beverages shall take place outside. 6 The sale of dFaft hoer is nrehihited The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited. 7 The sale nr ceniine of hoer on tan (eF dFa ght beer) is nrehihited 8. An alcohol - pouring device used to control portions must be attached to any champagne or distilled spirits when sold by the bottle. 9. Prior to Planning_ Commission approval, the operator shall submit for review and approval to both the Police Department and Planning Division a Security and Operations Plan outlining the services provided, employees and duties /titles, schedule of events /entertainment planned, outline the method to provide service at the tables and basement level, as well as any other information outlining the security and operations of the establishment. This plan once approved by the Police Department and Planning Division shall become a condition of approval for this discretionary action. Any modification to this Security and Operations plan must be Pre-approved by both the Police Department and Planning Division. The security plan shall contain the following: a. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. The door shall be equipped with an audible alarm that is activated upon the opening of the door. Resolution No. 2010 -xxx Page 6 75B -44 b. On Friday and Saturday evenings between the hours of 9:00 p.m. and 2:30 a.m. the licensee(s) shall provide a minimum of one (1) uniformed, licensed security guard for every 100 persons in attendance per event, to maintain order therein and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents. C. The Chief of Police or his designate shall first approve every security guard employed by you. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed licensed security guards to a total number of guards as determined by the Chief of Police. The licensee(s) or an employee of the licensee(s) will be present to monitor alcohol consumption in the basement area at all times that alcoholic beverages are being served or consumed. The establishment shall be responsible for submitting to the Police Department a schedule of events or theme nights taking place on the premises on a monthly basis. The Police Department is to receive a copy of the schedule no later than the first day of each month. The licensee shall provide a Closed Circuit Television Svstem approved by the Police Department and capable of viewing and recording events inside the premises (basement area), the front of the restaurant and rear alley with a resolution which will clearlv identifv individuals for later identification. Camera system components shall include: A minimum of one color camera at each specified location. A color camera recorder or digital system capable of recording events on all cameras simultaneously. iii. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. Resolution No. 2010 -xxx Page 7 75B -45 iv. If video tape is used tapes cannot be taped over more than six times. V. An audio recording component that will record sounds occurring at the specified location. 10. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 11. Entertainment provided shall not be audible beyond 10 feet from the exterior of the premises in any direction. 12. Entertainment provided shall be limited to a maximum of five musicians. 13. The applicant at all times, shall adhere to Chapter 11 regarding dancing as it may be amended from time to time. TheFe shall he ne d°nninn allewed OR the nremi _ 14. There shall be no exterior advertising of any kind or type,�� advertising dirented to the exterier frem within nremetine er indinetinK�rng the except as provided for in the Code, or the Alcohol Beverage Control statue and regulations. 15. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 16. There shall be no coin operated games or video machines maintained upon the premises at any time. 17. There shall be no pool /billiard tables maintained upon the premises at any time. 18. There shall be no public telephones located on the exterior of the premises. Interior phones shall be restricted to outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under control of the licensee(s) shall be removed or painted over within 24 hours of being applied. 20. The petitioner(s) shall post a placard on the exterior east elevation of the premises prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602. Resolution No. 2010 - Page 8 of 10 i 21. It shall be the petitioner(s) responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 22. ,titioAeF(s.) shall RGt adMiSlSiOR GhaFg° e a nnV°r nharn° nr rion Linn por . H there be a t to nUrnhn6° �m Grp minims n� her mss. The applicant shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as adore charge, cover charge, donation or any other form of admission charge, including minimum drink orders or the sale of drinks. 23. If the City ceases providing security guards in the designated parking structure, the applicant shall provide one (1) state licensed uniformed security guard from 6:00 p.m. until one (1) hour after closing on Friday, Saturday and Sunday, who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby residents. 24 The reaF door shall h° Lent nlnced at all times d irinn the opera +inn of trhr� ..�.... ........ shall ...ter,. ........- .� -r -.� nremi e6 evnent in n•+eee of emerneRGy and to permit deliveFu 25. All employees must attend Responsible Beverage Server (RBS) training provided by the State Department of Alcoholic Beverage Control. 26. The designated manager of the premises must be qualified by the State Department of Alcoholic Beverage Control. 27. Neither the licensee, nor any person or entity operating the premises with the permission of the licensee, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 28. The premises shall not be operated as an adult entertainment business as such term defined in SAMC section 41- 1701.6. 29. The conditional use permit shall be reviewed at 90 days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 30. Existing suite and alley lighting must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devises and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2010 - Page 9 of 10 75B -47 31. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 32. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 33. Window displays and racks must be kept to a maximum height of three feet including merchandise. 34. Install a silent armed robbery alarm. 35. The rear exit door at the basement level shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. Resolution No. 2010 - Page 10 of 10 ��