HomeMy WebLinkAbout FULL PACKET_2010-05-17 MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MAY 3, 2010
CLOSED SESSION MEETING
CALLED TO ORDER CITY HALL
20 CIVIC CENTER PLAZA, 8T" FLOOR
SANTA ANA, CA
5:14 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem (5:37 p.m.)
P. DAVID BENAVIDES (5:19 p.m.)
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
ABSENT:
None
STAFF Present:
CYNTHIA J. NELSON, Deputy City Manager for
Development Services
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant
to Government Code Section 54956.9(a)
Michael Scanlon vs. the City of Santa Ana - WCAB Case Nos. ADJ1504969
and ADJ4702789
Danny Haskell v. City of Santa Ana -Orange County Superior Court Case
No. 30-2009-00122314
CITY COUNCIL MINUTES 1 MAY 3, 2010
10A-1
1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Kathie
Gonzalez
Employee Organizations: Santa Ana Service Employees International
Union (SEIU)
Santa Ana Management Association
Santa Ana Firemen's Benevolent Association
Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Fire Management Association
Confidential Association of Santa Ana
ADJOURNED 6:03 P.M.
CITY COUNCIL MINUTES 2 MAY 3, 2010
10A-2
REGULAR CITY COUNCIL MEETING
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:12 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
ABSENT:
None
STAFF Present:
CYNTHIA J. NELSON, Deputy City Manager for
Development Services
JOSEPH FLETCHER, City Attorney
MARIA D. HUIZAR, Clerk of the Council
INVOCATION Roger Aragon, Police Chaplain
PLEDGE OF ALLEGIANCE MAYOR PULIDO
PRESENTATIONS
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Philip A. Lecours, Maintenance Worker II, Public
Works Agency
James A. Reeves, Storekeeper, Finance and
Management Services
CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO to the 2009/2010
Santa Ana Central Storm Team - Yamili Burgos, Jasmine Camero, Celia Duran, Brianna
Gil, Brittaney Harvey, Alexa Salazar, Marianna Serrano, Ashley Valencia, Amanda Klotz,
and Julia Klotz for winning the National Junior Basketball League Championship Series.
CITY COUNCIL MINUTES 3 MAY 3, 2010
10A-3
PROCLAMATION presented by MAYOR PRO TEM ALVAREZ to Ray Estrella, Exalted
Ruler of the Santa Ana Elks Lodge #794.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE to
the Mater Dei:
Girls Basketball Team for winning the 2010 CIF-SS Division 2A Championship and
the CIF State Division II Championship:
Shalya Batson, Jordan Adams, Nia Franklin, Alex Thomas,
Alexas Williamson, Sierra Pena, Lauren Rock, Alexyz
Vaioletama, Sharity Ondrejik, Kaleena Mosqueda Lewis, Tessie
Pikula, Kaija Powell, Jessica Duarte, Elyse Biechele, Bianca
Arnet, Kelsey Dalton, Asia Andry, Maggie Frazier, and Head
Coach Kevin Kiernan
Boys Basketball Team for winning the 2010 CIF-SS Division 1AA Championship:
Tyler Lamb, Michael Pierce, Eli Stalzer, Gary Franklin, Katin
Reinhardt, Max Hooper, Tommy Stangl, Nick Brewer, David
Brown, John Zappia, Keala King, Kamari Ross, Collin Krahe,
Jordon Strawberry, Drew Mellon, Nick Muller, James
Williamson, Josh Cook and Head Coach Gary McKnight,
Associate Head Coach Jason Quinn and Assistant Coaches
Bob Serven, Sean Stevenson, and Amy Foster
Boys Water Polo Team for winning the 2009 CIF-SS Division 2 Championship:
Bret Bonanni, Kevin Coleman, Casey Conners, Anthony
Daboub, Sean Donahue, Liam Gaughan, Hayden Goodsir,
Christian Grant, David Guibord, Jeffrey Jarvis, Patch O'Brien,
Neal O'Hara, Peter Russell, Alex Wherry, Patrick Woepse and
Coaches Chris Segersman, and Nathan Allard
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to
Segerstrom High School Varsity Cheerleaders and Junior Varsity for earning the title of #1
at the USA (United Spirit Association) Spirit Nationals Competition:
Varsity Captain Christina Prieto, Captain Rachel Nankervis, Kristina
Cheerleaders Martinez, Valerie Quiroga, Vanessa Garcia ,Brianna Sanchez,
Emily Harrizon, Sienna Johnson, Briana Hernandez, Jazmyn
Louis, Victoria Varela, Tyanna, Belser, Nancy Castro, Janine
Contreras, Vivianne Delgado, Aldana Garcia, Alyssa Madrigal,
Brianna Hycz, Jessica Ramirez, Rachel Leath, Nancy Valle
CITY COUNCIL MINUTES 4 MAY 3, 2010
10A-4
Junior Varsity Captain Victoria Lara, Captain Alexis Garcia, Bianca Dorado,
Jazmin Arciga, Daryl Mendez, Joseline Reyes, Andrea Brito,
Mariah Comer, Daisy Colon, Juray Diaz, Julisa Guillen, Marissa
Hernandez, Alexis Carlos, Carolyn Le, Stephanie Lopez,
Clarissa Martin, Cristina Monrroy, Soledad Orozco, Amanda
Harvey, Jacqueline Osegueda, Malissa Pham, Stephanie Borja,
Cassandra Ramirez, Jazmin Robles, Gissel Salmeron, Maribel
Valencia
Head Coach Meghan Casey
Assistant Bree Sandoval and Lupita Gomez
Coaches
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS MARTINEZ and
SARMIENTO to the KaBOOM volunteers:
Organization Volunteers
America On Track Claire Braeburn, Alejandra Peralta,
Nawz Zahir
Bishop Manor HOA Jesus Flores, Randy Pel, Rodrigo
Trujillo, Christian Vargas
City of Santa Ana Itzia Carvajal, Lan Nguyen, Jeannie
Jurado, Sgt. Carol Leiva, Commander
Jim Schnable
Cor CDC Ed Thomas
Hope In One Jacqueline Lopez, Marty Carrillo, Daniel
Carrillo, Nancy Galeana
Latino Health Access Adela Montanez
Saddleback Church Gary Cox
Walker Elementary School Patrick Kenney, Roxanna Owings
The Office of Supervisor Janet Nguyen Katherine Deacon
TEAM Property Management Jacqueline Torres, Kathy Poremba,
Wendy Orozco, Christian Vargas
The Bridge Yvonne Elizondo
The Cambodian Family Megan Drda, Phalen Lim, Sundaram
Rama
Waste Management Silvia Edwards
CITY COUNCIL MINUTES 5 MAY 3, 2010
10A-5
Organization Volunteers
Artists Marciano Ceballos, Angel Ruiz, Carlos
Morales, Adrian Castillo, Gustavo
Jaimes, Betsy Espinoza, Joe Grasa,
Andy Elizondo, Daniel Carrillo Jr., Ryan
Rodriguez, Carlos Rodriguez Aguilar,
and Ulises Pecazo
PROCLAMATION presented by COUNCILMEMBERS SARMIENTO AND TINAJERO
recognizing May 22nd as Harvey Milk Day.
PROCLAMATION presented by COUNCILMEMBER MARTINEZ in recognition of National
Fitness Month to Santa Ana Police Officer Tom Serafin with Santa Ana Police Athletic &
Activities League.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Johnny Rivera and John Truong for coming to the aid of a fellow student who had a
seizure and had fallen into the street of on-coming traffic.
CLOSED SESSION REPORT -City Attorney Fletcher provided a report. Refer to
Consent Calendar Item 19A.
PUBLIC COMMENTS
• Albert Castillo, proposed resolution to be considered by the City Council on
immigration human rights;
• Lupe Moreno, spoke on Agenda Item 85A, general immigration issues, and upcoming
Mexican Independence Day celebration in September;
• Francisco Barragan, spoke in support of Agenda Item 85A;
• Alfredo Amezcua, proposed economic boycott on the State of Arizona;
• Alex Vega, opined that the City is going in right direction and noted that immigration
rally over the weekend in Santa Ana was peaceful;
• Arturo Tolentino, requested support of City residents on immigration issues;
• Alex Flores, President of the Associated Students of Santa Ana College, read
proposed student bill against State of Arizona's SB1070;
Claudio Gallegos, remarked on a public comment made at the previous meeting,
thanked Council for honoring Harvey Milk Day, and encouraged Council to adopt
proposed resolution as part of agenda item 85A;
• Lori Couto and Erika Sepulveda, invited all to participate in the upcoming Santa Ana
Relay for Life that will take place on May 22 at 12 noon; and
Carlos Perea, spoke on the need for continued human and civil rights.
CITY COUNCIL MINUTES 6 MAY 3, 2010
10A-6
CONSENT CALENDAR ITEMS
MOTION: Approve staff recommendations on Consent Calendar Items 10A
through 29A with the following modifications:
• Mayor Pro Tem Alvarez voted "no" on Item 19C and pulled Item 23A for separate
discussion
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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 APRIL 19, 2010 -Clerk of the
Council Office
MOTION: Approve Minutes.
10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF APRIL 26,
2010 -Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS AND COMMISSIONS
13A APPOINTMENT - COMMUNITY REDEVELOPMENT AND HOUSING
COMMISSION -Clerk of the Council Office
MOTION: Appoint Dennis W. Wootan (Ward 3 resident) to the
Community Redevelopment and Housing Commission nominated by
Councilmember Bustamante as the Ward 3 representative for a term
expiring December 11, 2012. (Replacing G. Stroud)
CITY COUNCIL MINUTES 7 MAY 3, 2010
10A-7
13B APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office
MOTION: Appoint Jonathan Espinoza (Ward 6 resident) to the Youth
Commission nominated by Councilmember Tinajero as the Ward 6
Regular Member for a term expiring December 14, 2010. (Replacing E.
Molina)
13C APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office
MOTION: Appoint Mitzi German (Ward 2 resident) to the Youth
Commission nominated by Councilmember Tinajero as the Ward 6
Alternate Member for a term expiring December 14, 2010. (Replacing J.
Espinoza)
13D APPOINTMENT -YOUTH COMMISSION -Clerk of the Council Office
MOTION: Appoint Katherine A. Mitchell (Ward 5 resident) to the Youth
Commission nominated by Mayor Pro Tem Alvarez as the Ward 5
Associate Member for a term expiring December 11, 2012. (Replacing
KJ. Madrid)
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT -City Attorney's Office
MOTION: Approve settlement of Michael Scanlon vs. the City of Santa
Ana - WCAB Case Nos. ADJ1504969 and ADJ4702789 in the amount of
$54,350.00.
19B EXCUSED ABSENCES -None
19C DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office,
Finance and Management Services, Personnel Services Department, and
Public Works Agency) -Clerk of the Council Office
MOTION: 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.
*Mayor Pro Tem Alvarez recorded a "no" vote on Item 19C.
CITY COUNCIL MINUTES 8 MAY 3, 2010
10A-8
19D QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2010 -
Finance & Management Services
MOTION: Receive and file.
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A APPROPRIATION ADJUSTMENT ACCEPTING GROWTH MANAGEMENT
AREA FUNDS FOR VARIOUS PROJECTS -Public Works Agency
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
1. APPROPRIATION ADJUSTMENT NO. 2010-132 -Accepting funds in the
amount of $303,827 into the Measure M -Street Construction Fund and
appropriating the funds to the Measure M -Street Construction Fund for
the State Route (SR-55)/Alton Avenue Overcrossing project.
2. APPROPRIATION ADJUSTMENT NO. 2010-132 -Accepting funds in the
amount of $7,000 into the Measure M -Street Construction Fund and
appropriating the funds to the Measure M -Street Construction Fund for
Fiscal Year 09/10 Project Development.
SPECIFICATIONS -PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22D)
22A SPEC. NO. 10-014 -RESCUE EXTRACTION EQUIPMENT -Award a
contract to Fire Service Specification & Supply in the amount not to exceed
$38,238 (Fire Department) -Finance & Management Services
22B SPEC. NO. 10-015 -BURNER REPLACEMENT - Award a contract to R.F.
MacDonald Co. in an amount not to exceed $142,569 (Police Department) -
Finance & Management Services
22C SPEC. NO. 10-016 - DELL COMPUTERS -Award a contract to Dell
Computer Corporation in an amount not to exceed $19,800 (Community
Development Agency) -Finance & Management Services
CITY COUNCIL MINUTES 9 MAY 3, 2010
10A-9
22D SPEC. NO. 10-018 -GENERAL CONTRACTING SERVICES -Amend the
contract with KCK Construction Co. by $10,000 for an annual amount not to
exceed $35,000 -Finance & Management Services
PROJECTS/CHANGE ORDERS
23A CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 13
(PROJECT N0.106726) -Public Works Agency
MOTION:
1. Award a contract to Hardy and Harper, Inc., the lowest responsible
bidder, in accordance with unit bid prices in the estimated amount
of $2,777,000 for construction of Residential Street Repair Phase 13.
2. Approve a Funding Analysis with a total estimated construction cost
of $3,387,900.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive changes
approved by the City Manager and City Attorney. (Item 25A through
25L)
25A AGMT NO. 2010-072 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-01 -With the Sanchez H & G Family Trust for the
structure located at 2345 N. North Park Boulevard -Planning and Building
Agency
25B AGMT NO. 2010-073 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-02 -With the Lewis P. Janowsky Trust for the
structure located at 1809 North Heliotrope Drive -Planning and Building
Agency
CITY COUNCIL MINUTES 10 MAY 3, 2010
10A-10
25C AGMT NO. 2010-074 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-03 -With Clark and Patricia Paddock for the
structure located at 1904 North Heliotrope Drive -Planning and Building
Agency
25D AGMT NO. 2010-075 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-04 -With Jorge and Miriam Galindo for the
structure located at 2323 North Bonnie Brae -Planning and Building Agency
25E AGMT NO. 2010-076 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-06 -With Tristen and Joanne Beamon for the
structure located at 2134 North Ross Street -Planning and Building Agency
25F AGMT NO. 2010-077 - HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2010-07- With the Sayo Yokoi and Hector R. Alvarez for
the structure located at 2454 North Heliotrope Drive -Planning and Building
Agency
25G AGMT NO. 2010-078 -DOMESTIC WATER QUALITY TESTING SERVICES
- Execute atwo-year agreement with the option to extend for a second two-
year term at the same contract amount with Clinical Laboratory of San
Bernardino, Inc. in the biennial not-to-exceed amount of $104,918 -Public
Works Agency
25H AGMT NO. 2010-079 - FATS, OILS, & GREASE PROGRAM
MANAGEMENT SERVICES - With Environmental Engineering and
Contracting, Inc., in an amount not to exceed $180,000 -Public Works
Agency
251 AGMT NO. 2010-080 - GEOGRAPHIC INFORMATION SYSTEM
PROGRAMMING AND CONSULTING SERVICES -Execute an amendment
with Redlands Software Inc. in an amount not to exceed $50,000 -Public
Works Agency
25J AGMT NO. 2010-081 -ACQUISITION OF RIGHT-OF-WAY FOR THE OCTA
AT -GRADE RAIL SAFETY ENHANCEMENT PROJECT (Project 091745) -
With John M. Mitchell and Darla R. Mitchell, Trustees of the Mitchell Family
Trust U.D.T., for the purchase of a portion of the property located at 1701 E.
McFadden Avenue in the amount of $28,500 -Public Works Agency
CITY COUNCIL MINUTES 11 MAY 3, 2010
10A-11
25K AGMT NO. 2010-082 -PLANNING AND IMPLEMENTATION OF BUSINESS
SERVICES AT THE SANTA ANA WORK CENTER - Execute an
amendment with O'Reilly and Associates in the amount of $60,000 for a total
agreement amount not to exceed $98,000 - Community Development
Agency
25L AGMT NO. 2010-083 -PROVIDE VETERINARY SERVICES FOR THE
SANTA ANA ZOO AT PRENTICE PARK -Execute an amendment with Dr.
Scott Weldy in the amount of $75,000 -Parks, Recreation & Community
Services Agency
MISCELLANEOUS -BUDGET
29A CONSOLIDATED FIVE-YEAR PLAN AND ANNUAL ACTION PLAN -
Community Development Agency
MOTION: Approve the Consolidated Five-Year Plan for 2010-2014 and
Annual Action Plan and authorize its submittal to the United States
Department of Housing and Urban Development.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A EXTENSION OF VARIANCE NO. 2008-03 TO ALLOW THE
CONSTRUCTION OF TWO COMMERCIAL BUILDINGS - 1501 WEST
MACARTHUR BOULEVARD -Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-016 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO.
2008-03 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY
LOCATED AT 1501 WEST MACARTHUR BOULEVARD
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 12 MAY 3, 2010
10A-12
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55B PROVIDE WATER SERVICE TO CUSTOMERS OF THE DIAMOND PARK
MUTUAL WATER COMPANY -Public Works Agency
refer to Councilmember Martinez' Council Comments.
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-017 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING,
CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE
SERVICE TO FORMER CUSTOMERS OF DIAMOND PARK MUTUAL
WATER COMPANY
MOTION: Alvarez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55C PROVIDE WATER SERVICE TO CUSTOMERS OF THE CATALINA
STREET PUMP OWNERS ASSOCIATION -Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-018 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING,
CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE
SERVICE TO FORMER CUSTOMERS OF CATALINA STREET PUMP
OWNERS ASSOCIATION
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES 13 MAY 3, 2010
10A-13
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS -BUSINESS
60A POLICY ON REQUESTS FOR PROPOSALS (RFP) AND REQUESTS FOR
QUALIFICATIONS (RFQ) -City Manager's Office
MOTION: Receive and file.
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY MEETING AT 7:53 P.M.
JOINT SESSION
80A APPROPRIATION ADJUSTMENT AND RESOLUTION - PAYMENT TO
SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND -
Community Redevelopment Agency
CITY COUNCIL
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2010-128 -Transferring funds from the
Low and Moderate-Income Housing Fund, the South Main Commercial
Corridor Fund and the Tax Increment Revenue Debt Service-Merged Fund to
the Merged Redevelopment Project Area Fund to make the necessary
payment to the County Supplemental Education Revenue Augmentation Fund
as required by legislation implementing the California State Budget for FY
2009-2010.
CITY COUNCIL MINUTES 14 MAY 3, 2010
10A-14
COMMUNITY REDEVELOPMENT AGENCY
MOTION: Adopt a resolution.
CRA RESOLUTION NO. 2010-001 - A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA MAKING THE
FINDING THAT THE AGENCY MUST TRANSFER FUNDS IN ORDER TO
MAKE THE 2009 - 2010 PAYMENT TO THE SUPPLEMENTAL
EDUCATIONAL REVENUE AUGMENTATION FUND
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
COUNCIL RECONVENED AT 7:54 P.M. WITH ALL MEMBERS PRESENT
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place
items on the City Council Agenda to be considered by the City Council.
85A OPPOSITION TO STATE OF ARIZONA SB 1070, AND REQUEST TO
FEDERAL GOVERNMENT FOR COMPREHENSIVE IMMIGRATION
REFORM (PULIDO, ALVAREZ, AND SARMIENTO)
Council discussion ensued. Councilmember Sarmiento requested that the City
Attorney help draft an Amicus Brief to reflect why law is flawed.
MOTION: Adopt a resolution.
RESOLUTION NO. 2010-019 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA OPPOSING STATE OF ARIZONA SB 1070 AND
URGING THE PRESIDENT AND THE CONGRESS OF THE UNITED
STATES TO WORK ON COMPREHENSIVE IMMIGRATION REFORM.
MOTION: Alvarez SECOND: Sarmiento
VOTE: AYES: Alvarez, Benavides, Martinez, Pulido,
Sarmiento, Tinajero (6)
CITY COUNCIL MINUTES 15 MAY 3, 2010
10A-15
NOES: Bustamante (1)*
ABSTAIN: None (0)
ABSENT: None (0)
*Councilmember Bustamante recorded a "No" vote on Section 1 of the
Resolution.
COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING
AT 8:21 P.M. FOLLOWED BY THE HOUSING AUTHORITY MEETING AT 8:22 P.M.
COUNCIL RECONVENED AT 8:23 P.M. WITH ALL MEMBERS PRESENT
COMMENTS
90A CITY MANAGER'S COMMENTS -None
90B CITY COUNCILMEMBER COMMENTS
Councilmember Martinez
• Would like staff to bring back to Council for re-consideration Ordinance
(No. NS-2670) adopted in 2004 regarding fats, oils and grease in an
effort to assist start-up businesses;
• Encouraged residents to see the movie "La Mision" highlighting
discrimination;
• Invited all to attend the Nutrition and Fitness Health Fair on Saturday,
May 8t" at Godinez High School; and
• Wished all mother's a Happy Mother's Day.
Councilmember Sarmiento
Commented on historic decisions made at tonight's meeting regarding
tolerance, respect of dignity to live and pursue happiness, and thanked
Council for support; and
• Wished all a Happy Mother's Day.
Councilmember Bustamante
• Happy Mother's Day.
*Mayor Pulido left the meeting at 8:19 p.m.
CITY COUNCIL MINUTES 16 MAY 3, 2010
10A-16
Councilmember Tinaiero
• Echoed Councilmember Sarmiento's comments on decisions made at
tonight's meeting and thanked the Council for support.
Councilmember Benavidez
• Thanked Connect Council group for holding Urban Leadership Forum
held last weekend, and thanked participants;
• Commended Bishop Manor Task Force and thanked Police Chief for hot
spot task force that addressed ongoing issues;
• Wished all a Happy Mother's Day;
• Requested that meeting be adjourned in memory of Virginia Avila.
Mayor Pro Tem Alvarez
• Adjourn meeting in memory of community leader Virginia Avila;
• Commented on noteworthy actions taken by the Council in the past 10
years - EI Salvador Recreation Center improvements, Jerome Center
improvements, bringing Court of Appeals to the City, residential street
improvements program; and passage of Agenda Item 85A; and
• Next meeting to take at the Boys and Girls Club.
ADJOURNED 8:32 P.M. -The next meeting of the City Council is scheduled for
Monday, May 17, 2010 at 5:00 for the Closed Session Meeting
immediately followed by the Regular Business Meeting at the Boys
and Girls Club, 950 W. Highland, Santa Ana, California, 92703.
Adjourn in Memory of
Virginia Avila
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 17 MAY 3, 2010
10A-17
10A-18
REQUEST FOR I'
COUNCIL ACTION ~ y-r
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
May 17, 2010
TITLE: APPROVED
? As Recommended
QUARTERLY REPORT OF CONTRACTS ? As Amended
ENTERED INTO BY THE CITY ? Ordinance on 1S` Reading
? Ordinance on 2"d Reading
MANAGER ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
!
~y=`fc~~ FILE N U M B E R
CITY MANAGER
RECOMMENDED ACTION
Receive and file the Quarterly Report of Contracts entered into between January 1, 2010 and
March 31, 2010, 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
January 1, 2010 and March 31, 2010 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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit A: Quarterly Report of Contracts
19C-1
19C-2
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O
19C-8
REQUEST FOR
COUNCIL ACTION , .o~.,:
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 17, 2010
TITLE APPROVED
REQUEST FOR PROPOSALS FOR GO ? As Recommended
LOCAL PROGRAM STEP 2 PUBLIC ? As Amended
OUTREACH (PROJECT 09-2505-C) ? Ordinance on 1St Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing
For
CONTINUED TO
FILE NUMBER
C TY MANAGER
RECOMMENDED ACTION
Authorize the Public Works Agency to send the attached Request for Proposals to qualified firms
to continue and expand the scope of the Go Local Program Step Z public outreach program for
the Santa Ana and Garden Grove fixed guideway project.
DISCUSSION
On May 12, 2008 the OCTA Board allocated $5.9 million in Step 2 funding to Santa Ana for
planning and development of a modern streetcar concept. On August 3, 2009, the City Council
authorized staff to execute an agreement with the Cordoba Corporation and its team of
consultants to conduct the Go Local Program Step 2 technical analysis. At the same time, the City
Council approved a budget of $50,000 for purposes of contracting with a public Outreach firm to
support Santa Ana's Go Local planning and development activities.
On January 4, 2010 the City Council authorized execution of a $50,000 consultant services
agreement with Consensus Inc. to initiate the public outreach program for the Santa Ana and
Garden Grove fixed guideway project. An expanded scope of work and additional funding is
needed to provide public outreach support for the City's entire Go Local Program Transit Vision,
which includes the fixed guideway project study as well as the Santa Ana Regional Transportation
Center (SARTC) Master Plan and the Santa Ana Boulevard grade separation study.
A well-designed and well-executed public outreach program is critical to the successful
implementation of the City's Transit Vision. The selected public outreach team will be asked to
develop a program that improves community understanding and solicits community feedback on
the City's overall transit vision. This outreach effort will be coordinated internally between the
Public Works, Community Development and Planning and Building agencies with assistance from
City Manager's office. Among other things, the public outreach program will clearly communicate
anticipated community benefits, potential community impacts, and the economic development
19D-1
Public Outreach Request for Proposals
May 17, 2010
Page 2 of 9
opportunities associated with these various projects. Given the magnitude and complexity of
these projects, it is imperative that a skilled team of professionals assists the staff in conducting a
comprehensive public outreach campaign.
As outlined in the attached Request for Proposals, the public outreach consultant would be
responsible for the following tasks:
• Development of an outreach/communications strategy
• Presentations to neighborhoods, businesses, and professional groups
• Support of the Stakeholders Working Group
• Attendance at technical team meetings for the fixed guideway project study and SARTC
Master Plan
• Outreach coordination with Community Development and Planning and Building on
projects and initiatives that support the City's Transit Vision, such as the Station District
Fulfillment of California Environment Quality Act (CEQA) and National Environmental
Protection Act (NEPA) public outreach requirements for the fixed guideway study, SARTC
Master Plan, and Santa Ana Boulevard grade separation study
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Measure M -Street Construction Fund (account no. 32-553-6611,
project 09-2505-C).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II '
Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
19D-2
REQUEST FOR PROPOSALS
SANTA ANA TRANSIT VISION PUBLIC OUTREACH
I. INTRODUCTION
The public outreach program shall communicate information about Santa
Ana's Fixed Guideway Project, the Santa Ana Regional Transportation
Center (SARTC) Master Plan, and related projects to the public in order to
gain community understanding and solicit community feedback. Among other
things, the public outreach campaign should clearly communicate anticipated
community benefits, potential community impacts, and possible economic
development opportunities associated with the projects.
II. PROJECT BACKGROUND
The Santa Ana Fixed Guideway Project will serve as local connector to
regional and national rail, bus, and airport transportation services provided at
the Santa Ana Regional Transportation Center (SARTC). It will also serve as
a local circulator in the downtown/government center area, the Station District
and several other Santa Ana neighborhoods.
The desired attributes of the Santa Ana Fixed Guideway system are:
1. Stimulate land development and economic activity
2. Integrate well with the surrounding community
3. Provide connectivity between regional rail and bus services at SARTC
and major destinations
4. Ensure that passenger safety and security are adequately addressed
5. Use clean energy
6. Be attractive, comfortable, friendly, accessible and easy to maintain
7. Integrate well with bicycle and pedestrian activity
8. Provide acost-effective system
9. Meet future mobility needs
10. Maximize use of existing right-of-way
11. Engage with business and activity centers along the line
12. Minimize construction impacts
The SARTC Master Plan will serve as the blueprint for addressing
transportation provider and passenger needs at SARTC for the next 30 years
and beyond. The goals for the SARTC Master Plan are to:
1. Provide a transportation facility where people can easily transfer
between services
2. Design a transportation facility that integrates well with the surrounding
community
1
19D-3
3. Create an attractive, sustainable transportation facility with low
maintenance costs
4. Efficiently provide parking and support facilities for each service
offered at SARTC
5. Evaluate and integrate transit supporting commercial, retail and/or
residential uses as feasible
6. Ensure that passenger safety and security are adequately addressed
7. Support and encourage pedestrian and bicycle access
III. SUBMITTAL REQUIREMENTS
TABLE OF CONTENTS
The table of contents should include a clear identification of the material by
section and page number.
OVERVIEW AND SUMMARY
This section should clearly convey the Consultant's understanding of the
nature of the work and the general approach to be taken. It should include
the following:
A discussion of the Consultant's experience in successfully preparing and
executing public outreach programs for complex transit studies.
Consultant's opinion regarding the most difficult issues or risk factors
affecting public acceptance of the project and Consultant's recommendations
for addressing each of them.
QUALIFICATIONS, REFERENCES AND RELEVANT EXPERIENCE
A detailed statement of the Consultant's qualifications and previous
experience in conducting similar work, and one-page resumes of the
personnel the Consultant intends to use to perform the project, summarizing
each individual's training and experience relevant to this project. This section
should indicate the percentage of time each team member will devote to this
engagement, identify the project manager, and demonstrate that the
Consultant's personnel have experience and expertise in all areas required
described in the Scope of Work. The resumes of key sub-consultant
personnel also need to be included.
A summary (no longer than one page each) of at least three (3) projects
similar in subject matter and scope to this project, including client agency, the
contract term and amount, and a contact person (with telephone number)
who may be contacted as a reference.
2
19D-4
WORK PLAN
Consultant shall provide a narrative that addresses the Scope of Work and
shows Consultant's understanding of the City's needs and requirements.
Consultant shall describe the approach and work plan for completing the
services specified in the Scope of Work. The work plan shall be of such detail
to demonstrate the Consultant's ability to accomplish the project objectives
and overall schedule. The Consultant may suggest alternatives to the
proposed tasks and deliverables that facilitate achievement of the project
objectives, provided that all tasks in the Scope of Work section of this RFP
are addressed and all alternative approaches are justified in the proposal.
A detailed staffing plan for each task and subtask must be submitted and
should include an organization chart. The staffing plan shall identify all staff
by name and identify the specific tasks for which each individual will be
responsible. The proposal must also demonstrate adequacy of labor
resources for the duration of the project, utilizing a table projecting the labor-
hour allocation to the project, and must include each team member's current
and projected availability for the duration of the project, including a summary
of the time allocated to other projects.
COST PROPOSAL
Consultant shall submit affixed-fee cost proposal consistent with the Scope of
Work and the requirements of this RFP. Any optional tasks proposed by the
Consultant shall be estimated separately in the cost proposal. The cost
proposal shall include a full description and breakdown of the expected
expenditures of funds for the proposed project, as set forth in the Scope of
Work, in two forms: a task budget and a line item budget. The classifications,
names, and hourly billing rates of individuals proposed for the project shall be
clearly identified.
IV. SCOPE OF WORK
Task 1 -Develop outreach/communications strategy for•
• General public
• Business community
• Stakeholders
• Elected officials
• Media
Task 2 - Prepare and present study information to'
• Neighborhoods
• Business and professional groups
• Others, as requested
3
19D-5
Task 3 -Provide support for Stakeholders Working Group meetinas•
• Prepare and distribute agendas
• Prepare presentation materials
• Facilitate/lead meetings, as requested
• Prepare and distribute meeting summaries with action items
Task 4 -Attend technical team meetings as reauested•
• Bi-weekly fixed guideway status meetings
• Monthly fixed guideway Project Development Team meetings
• Peer Review Team meetings
• SARTC Master Ptan coordination meetings
• Station District coordination meetings
Task 5 -Coordinate with/support public outreach programs for•
• Station District
• Santa Ana Transit Zoning Code
• Santa Ana Boulevard Grade Separation
• Other related projects, as directed
Task 6 -Provide timely written updates to Santa Ana's•
• Transit Program Manager
• Others, as requested
Task 7 -Assist with CEQA/NEPA public meetings including•
• Scoping meeting(s)
• Public hearing(s)
While carrying out each of the above activities, the Consultant shall:
Gain prior approval from the Transit Program Manager for all materials to be
presented and distributed to the public
Create and maintain a meeting environment that:
• Stimulates discussion
• Encourages everyone to express an opinion
• Discourages personal attacks
• Prevents any individual or group from dominating the meeting
Present immediate feedback to the Transit Program Manager when highly
controversial issues arise or negatively charged meetings occur.
Consultant shall also coordinate with the Orange County Transportation
Authority's (OCTA's) public outreach activities related to the Go Local Fixed
Guideway and Regional Gateways programs, as appropriate.
4
19D-6
V. GENERAL REQUIREMENTS
A. The Consultant shall carry out the instructions received from the City of
Santa Ana and shall cooperate with the City and other involved
agencies.
B. The documents furnished under the Agreement shall be of a quality
acceptable to the City of Santa Ana. The criteria for acceptance shall
be a product of neat appearance, well organized, technically and
grammatically correct, checked, and dated and having the maker and
checker identified. The minimum standard of appearance, organization
and content of the documents shall be that of similar types produced by
the City and set forth in related City of Santa Ana and other involved
agencies' manuals. The Consultant shall modify its work as necessary
to meet the level of acceptability defined by the criteria above.
C. The Consultant's work will be subject to inspections by representatives
of the City of Santa Ana and other involved agencies.
VI. PERFORMANCE PERIOD
A. Consultant shall commence work after notification to proceed by the
City. Unless extended by contract amendment, the contract shall
terminate on December 31, 2011.
B. The Consultant is advised that any recommendation for contract award
is not binding on the City until the Agreement and all pertinent
paperwork are fully executed and approved by the City Council.
VII. ESTABLISHMENT OF FEES
The fee proposal shall include anot-to-exceed $150,000 fee and a detailed
labor hour breakdown by task and classifications. Include all incidental costs
estimated to accrue during the life of the contract. Include a billing rate
schedule for the prime consultant and any subconsultants with an hourly
billing rate by classification. As this will be a multi-year project, include billing
rates for the current year as well as subsequent calendar years covering the
duration of the project.
VIII. PROFESSIONAL SERVICES AGREEMENT
A sample Professional Services Agreement is enclosed for your review, as
Exhibit C. The RFP and the consultant's proposal will be attached and
become part of the agreement as exhibits.
5
19D-7
IX. INSURANCE REQUIREMENTS
A certificate of insurance is enclosed for your reference as Exhibit D. Please
refer to the sample agreement for the necessary amounts of general liability,
automotive, worker's compensation and professional liability insurance. The
appropriate endorsements are also shown within the sample contract
agreement. The certificate shall include the City of Santa Ana and its officers
and employees as insured or additional insured.
X. RIGHT TO REJECT PROPOSALS
A. The City of Santa Ana reserves the right to reject the proposal submitted
and no representation made hereby that any contract will be awarded
pursuant to this RFP or otherwise.
B. All costs incurred in the preparation of the proposal, the submission of
additional information and/or any aspect of a proposal prior to award of
a written contract will be borne by the respondent. The City of Santa
Ana will provide only the staff assistance and documentation specifically
referred to herein and will not be responsible for any other cost or
obligation of any kind, which may be incurred by the respondent. All
proposals submitted to the City of Santa Ana become the property of the
City.
XI. SCHEDULE
Upon issuance of Notice to Proceed, the Consultant shall submit a detailed
schedule for the project.
XII. PRIME CONSULTANT RESPONSIBILITIES
The selected consultant will be required to assume responsibilities for all
services offered in his/her proposal. The selected consultant will be the sole
point of contact with regard to contractual matters, including payment of any
and all charges resulting from the contract.
XIII. DELAYS
The City reserves the right to delay scheduled dates if it is to the advantage
of the City of Santa Ana.
XIV. PROJECT CONTROL
Control of the project shall remain the total responsibility of City of Santa Ana.
6
19D-8
XV. RULES FOR PROPOSALS
The signer of the proposal must declare in writing that the only person,
persons, company or parties interested in the proposal as principals are
named therein; that the proposal is made without collusion with any other
person, persons, company, or parties submitting a proposal; that it is in all
respects fair and in good faith without collusion or fraud; and, that the signer
of the proposal has full authority to bind the principal proposer.
XVI. METHOD OF PAYMENT
The consultant shall submit invoices to the City of Santa Ana. The invoice
shall include a detailed breakdown of the services, the tasks, the hours, and
hourly rates. It should be noted that no more than 90 percent of the total
payment amount will be made prior to the final completion and approval of all
work and delivery of final products.
XVII. REGULATIONS
The selected consultant shall be expected to comply with all applicable
federal and state regulations, and contract provisions. The ensuing contract
shall contain such contractual provisions and conditions necessary to define
a sound and complete agreement.
XVIII. THE CITY'S AFFIRMATIVE ACTION PROGRAM & DBE GOAL
The City has an affirmative action program. The purpose of the affirmative
action program is to encourage certified minority business enterprises and
women business enterprises. All Submitting firms must have established
affirmative action programs approvable by the City. The attached Exhibit E,
"Certification of Non-Discrimination by Contractors" shall be completed by
each submitting firm and included in the proposal.
19D-9
19D-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 17, 2010
TITLE: APPROVED
SETTLEMENT AGREEMENTS FOR ? As Recommended
BRISTOL STREET CORRIDOR (PROJECT ? As Amended
NO. 08-1700 ? Ordinance on 151 Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
i ~
li .1-- FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreements, subject to
nonsubstantive changes approved by the City Manager and City Attorney:
• Pieper Properties for the purchase of 1211 West Warner Avenue in the amount of $1,429,550.
• Zapateria Guanajuato for acquisition settlement for the property at 303 North Bristol in the
amount of $225,000.
DISCUSSION
On March 6, 2006, the City Council approved the cooperative agreement between the City and the
Orange County Transportation Authority (OCTA) to fund Bristol Street improvements from Warner
Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden
Avenue, is under construction and is expected to be completed by September 2010. Public Works
is acquiring property for the second phase of the project, between Third Street and Civic Center
Drive, as well as the intersection of Bristol Street and Warner Avenue.
To accommodate the widening for the second phase, acquisition of the entire property located at
1211 Warner Avenue is required (Exhibit 1). In addition, a settlement agreement has been reached
with the tenant of the property at 303 North Bristol for relocation benefits. This property was
acquired in 2009. The compensation amounts are the appraised values prepared by an appraiser
licensed by the State of California.
25A-1
Settlement Agreements For
Bristol Street Corridor
May 17, 2010
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Environmental Impact
Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990.
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661-66100).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Direct Executive Director
Public Works Agency Finance & Management Services Agency
RG/SA
Exhibit 1: Location map
Exhibit 2: Agreements
25A-2
LEGEND
~ ~ p SUBJECT PROPERTIES
SANTA ANA BLVD ACQUIRED PROPERTIES
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EXHIBIT 1 OJG pT ION ~,R
SANTA ANA ~ Sa
CITY COUNCIL TITLE SETTLEMENT AGREEMENTS FOR r ~~I
P_ AGENDA DATE ~ ~ I '
u- BRISTOL STREET CORRIDOR
P~gL[C YOflKS AGENCY
MAY 17, 2010 (PROJECT 08-1700-C)
2 5A-4
EXHIBIT y
25A-5
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
(Commercial)
THIS AGREEMENT, entered into #his,;~day of Aprll, 2010, by and between the CITY OF
SANTA ANA, a charter city and municipal corporation duly organized under fhe Constitution and
laws of the State of California (hereinafter referred to as the "City" or "Buyer"}, and Pieper
Properties, a California general partnership (hereinafter called "Seiler"), regardless of number or
gender;
WtTNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and
subject to the terms, conditions and provisions hereinafter set forth, Seller agrees #o sell to City,
and City agrees to purchase from Seller, ail that certain real property (hereinafter referred to as
"said real property") described as follows:
All that certain real property located in fhe State of California, County of Orange, City of Santa
Ana, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 1211 W. Warner Avenue, Santa Ana, CA)
Said purchase and sale of said real property shelf be in accordance with and subject to all of the
following terms, conditions, promises, covenants, agreements and provisions, to wit:
1. Convevance by Setter. Seller agrees to convey said real property to City, by Grant Deed, at
the office of First American Title insurance Company, 2 First American Way, Santa Ana,
California, within thirty (30) days from and after the date on which the City has approved Phis
Agreement.
2. Title to bs Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise
expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
clear of any and all conditions, restrictions, reservations, exceptions, easements, assessmen#s,
profits, itmitations, encumbrances (whether monetary or non-monetary, general or specific,
including any and aH leasehold interests), liens, clouds or defects in title except (hose exceptions
shown in Paragraph 15 below. Seiler hereby warrants that the title to said real property to be
conveyed by Seiler to City shall be free and clear as provided above. Seller further agrees that
accep#ance by City of any deed to said real property, with or without knowledge of any condi#ion,
restriction, reservafion, exception, easement, assessment, profi#, limi#a#ion, encumbrance
(whether monetary or non-monetary, general or specific, and including any and all leasehold
interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and
clear title herelnabove agreed to be conveyed by Seller to City, nor of any right which might
accrue to Clty because of the failure of Seiler to convey title as hereinabave provided.
3. Titf~ Insur~ce. Seiler agrees to deliver to City, concurrently with the conveyance of sold
real property to City, within the time and at the place hereinabove specified for said conveyance
of said real property, a policy of title insurance to be issued by the above mentioned ti ie
company, with the City therein named as the insured, in the amount of ONE MILL{ON FOR
HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED FfFTY AND NOl100 Dollars
($1,429,550.00) insuring the title of the City to said real properly is free and clear of any and all
conditions, restric#tons, reservations, exceptions, easements, assessmen#s, profits, timitaflons,
encumbrances (whether monetary ornon-monetary, general or specific, and including any and all
leasehold interests), liens, clouds ar defects in title, excep#ing such specific ones as city may
1
25A-6
hereinafter expressly agree to take subject to. Acceptance by C{ty of any such policy of
insurance, whether such insurance complies with the requirements of this paragraph or not, shall
not constitute a waiver by City of its right to such insurance as Is herein required of Seller, nor a
waiver by the City of any rights of action far damages or any other rights which may accrue to City
by reason of the failure of Seiler to convey title or to provide #itfe insurance as required in fhis
Agreement.
4. Es row. City agrees fo open an escrow at the office of First American Title Insurance
Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5} days
from and after the date on which the Cify has approved this Agreement. This Agreement
constitutes the joint escrow instructions of the Cify and the Seiler and a duplicate original of this
Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to
close within 30 days of the City's execution of this Agreement.
The Escrow Agent hereby is empowered fo ac# under this Agreement, and upon indicating its
acceptance of this Section 4 and of the Genera( provisions described in Exhibit "S" attached
hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seiler
within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent
hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any
transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation
fees, escrow fees and any ether closing costs incidental to the conveying of said real property to
City. Penalties for prepayment of bona fide obligations secured by any exis#ing deed of trust or
mortgage shall be waived pursuant to Civil Code Procedures Section 1265.24t?.
The liability to the Escrow Agent under this Agreement is limited #o performance of the obligations
imposed upon it under Section 4, Section 6, Section 11 and Exhibit "E" of the General
Provisions of this Agreement.
5. proaerty Taxes. Such real property taxes, if any, on said rea! property for the fisca! year
within which said real property is conveyed to Cify as are unpaid at the time of said conveyance
shall be cleared and paid in accordance with the provisions of Section 49136 of the Revenue and
Taxation Code of the State of California. Seller snail be eligible for a refund under Section 5096.7
of the Revenue and Taxation Code of the State of California for that portion of property taxes on
said real property for said fiscal year which have been paid prior to the date the deed conveying
said real property to Cfty is recorded which is allocable #o tha# portion of fhe fiscal year which
begins on the date the deed conveying said real property #o City is recorded and made
uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State
of California. All unpaid taxes on said real property for any and all years prior to the fiscal year
within which said conveyance is made shall be paid by Seller before conveyance of said reai
property to City.
6. Aavment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from
City, as and for the full purchase price for said reai property, fixtures & equipment (improvemen#s
pertaining to fhe realty), goodwill (if any), and severance damages, the tots! sum of ONE Mit.[_ION
FOUR HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED 1=1FTY AND N0/100 Dollars
($1,429,550.00}. City agrees to deposit said purchase price in escrow with the Escrow Agent
within THIRTY (30) days from and after the date on which the City has approved this Agreement,
and the Escrow Agent is hereby authorized to pay the same to Seller upon and after:
(a) Conveyance of said reai property by Seiler to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
7.
25A-7
(d} Recordation of the Deed conveying said teat property to City.
7. Possession. Seiler agrees to deliver to City, on the date the Deed conveying said real
prapetty to City is recorded, quiet and peaceful possession of said real properly, which shall be
made free by Seiler of elf personal property.
8. Rental and Occunan .v R Setier. Seller agrees to execute a complete, current and correct
statement of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to
Buyer within fifteen (15) days hereof with copies of any wriften leases or rental agreements
aftached. All rents will be prorated as of the close of escrow on the basis of a 30-day monthl360-
day year consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to
rent any units on the premises which are now vacant, or which may be vacated by present
occupants prior to close of escrow. Seller agrees that any and all Tenant Security Deposits
pertaining to fhe subject property collected by or in fhe possession of Seller prior to the close of
escrow shall be transferred to and become the property of Buyer during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of a!I rental
agreements, #enancies, and leases (written, unwritten, recorded, ar unrecorded) and Seller
agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also
warrants that there are no oral or written leases on all or any portion of the subject property
exceeding a period of one month.
9. Wa"vets. The waiver by City of any breach of any covenant or agreement herein con#ained
on the part of Seller shall not be deemed or held to be a waiver of any subsequent or other
breach of said covenant or agreement nor a waver of any breach of any other covenants or
agreements contained herein.
10. Heirs._Assians. Successors in interest. This Agreement, and all the terms, covenants and
cond~t~ons hereof, shaA apply to and bind the heirs, executors, administrators, successors and
assigns of fhe respective parties hereto.
11. Fime is of the Essence. In all matters and things hereunder to be done and in ail payments
hereunder to be made, time is and shall be of the essence.
12. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents,
permission to enter upon said real property a# all reasonable times prior to close of escrow for the
purpose of making necessary inspections.
13. Just Comnensatian. Seller acknowledges and agrees that said purchase price is just
compensation at fair market value for said real property and includes payment for fixtures &
equipment (improvements pertaining to the realty), goodwill {if any), and severance damages. City
had delivered to Setier an offer to purchase said real property under threat of eminent domain
pursuant to Government Code § 7267.2. Seller now wishes to avoid eminent domain proceedings
and self said real property to the City, and City wishes to buy said real property from Seller,
pursuant to the terms and conditions of this Agreement in lieu of condemnation.
14. Notes`
ices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O.
Box 1988, in the CIty of Santa Ana 92702, County of Orange, State of California. The mailing
address of the Seller is:
Pieper Properties
93122 W. t.atrrinda Way
Santa Ana, CA 92705
3
25A-8
15. Exceptions. City agrees to accept title to said real property subject to the fallowing: NGNE.
16. Entire Agreement. It is mufualiy agreed that the parties hereto have herein set forth the
whole
of (heir Agreement. Performance of this Agreement by City shall lay at rest, each, every,
and alt issues} that were raised or could have been raised in connection with fhe acquisition of
said real property by City.
17. Hazardous Waste. Neither Setter nor, to the best of Seder's knowledge, any previous owner,
tenant, occupant, or user of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste, toxic subs#ances, or related materials ("Hazardous Ma#eriats")
on, under, in, or about the Property, or transported any Hazardous Materials to or from the
Property. Seller shaft not cause or permit the presence, use, genera#ion, release, discharge,
storage, or disposal of any Hazardous Materials on, under, in, ar about, or the transportation of
any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any
substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or fhe United States Government, including, but not limited to, any material
or substance which is {i) defined as a "hazardous waste", "extremely hazardous waste", or
"restric#ed hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Cade, Division 20, Chapter 6.5 (Hazardous
Waste Control Law), (ii} defined as "hazardous substance" under Section ?_5316 of the California
Health and Safety Cade, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", ar
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
Chapter 6.95 {Hazardous Ma#eriats Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Sec#ion 25281 of the California Health and Safety Cade, Division
20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v} petroleum, (vi) asbestos,
(vii) polychlorinated biphenyls, {viii) fisted under Article 9 or defined as "hazardous" or "extremely
hazardous" pursuant to Article 11 of T(tle 22 of the California Administrative Code, Division 4,
Chapter 20, (ix} designs#ed as a "hazardous substances" pursuant to Section 311 of the Clean
Wafer Act, (33 U.S.C. S1317), (x) del+ned as a "hazardous waste" pursuant to Sec#ion 1004 of fhe
Resource Conservation and Recovery Aci, 42 U.S.C. S6901 of sgq. {42 U.S.C. S6903) or (xi}
defined as a "hazardous substances" pursuant to Seetfon 101 of the Comprehensive
Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 e# s_q.
(42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Setter's knowledge the Property
complies with all applicable laws and governmental regulations including, without limitation, alt
applicable federal, state, and local laws pertaining to air and wafer quality, hazardous waste,
waste disposal, and other environmental matters, including, but not limited #o, the Clean Water,
Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation
Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the
California Environment Quality Ac#, and the rotes, regulations, and ordinances of the city within
which the subject property is Coca#ed, the California Department of Health Services, fhe Regional
Water Quality Contras Board, the State Water Resources Control Board, the Environmental
Protec#ion Agency, and all applicable federal, s#ate, and local agencies and bureaus.
19. toe i Setter agrees to indemnify, defend and hold the City harmless from and against
any claim, action, suit, proceeding, toss, cost, damage, liability, deficiency, fine, penally, punitive
damage, or expense (including, without limitation, attorneys' fees), resu!#ing from, arising auf of, or
based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any
Hazardous Material on, under, in or about, or the transportation of any such materials to or from,
the Property, or (it) the violation, or alleged violation, of any statute, ordinance, order, rule,
regulation, permit, judgment, or license relating to the use, generation, release, discharge,
storage, disposal, or transportation of Hazardous Materials on, under, in, or abou#, to or from, the
4
25A-9
Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
punitive damage, cost, or expense arising from or out of any claim, action, sui# or proceeding for
personal injury (including sickness, disease, or death, tangible or intangible property damage,
compensation for lost wages, business income, profits or other economic loss, damage to the
natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or
other adverse effect on the environment}. This indemnity extends only to liability tree#ed prior to
or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to
act post close of this escrow.
2p. Contknaency. it is understood and agreed between the parties hereto that the completion of
this transaction, and the escrow created hereby, is contingent upon the specific acceptance and
approval of the City herein. The execution of these documents and the delivery of same to
Escrow Agen# constitutes said acceptance and approval.
27. Modification and Amendment. This Agreement may no# be modified or amended except in
writing signed by the Seiler and City.
22. Partial Invalidity Any provision of this Agreement that is unenforceable or invalid or the
conclusion of which would adversely affect the validity, legaliky, or enforcement of #his Agreement
shall have no effec#, but all the remaining provisions of this Agreement shall remain in full force.
23. Captions. Captions and headings in this Agreement, including the title of this Agreement, are
for convenience only and are not fo be considered in construing this Agreement.
24. G_ overnina Law. This Agreement shaii be governed by and construed in accordance with the
laws of the State of California.
2S. No Reliance By One Part,~Qn The Other Each party has received independent legs! advice
from its attomeys with respect to fhe divisibility of executing this Agreement and the meaning of the
provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and
not for or against any parry based upon any attribu#ion to such party as the source of the language in
question.
26. No Third
Pafir Beneficiary. This Agreement is intended to benefit only the porkies hereto and
no other person or entity has or shall acquire any r#ghts hereunder.
27. Du To Coo a ate Further. l=ath a
execute and deliver such further documents,{ineforbm nd subsfancehaeasonably accepfabl~e to the
party to be charged} and do such oilier acts and things as are reasonably necessary and appropria#e
to effectuate the terms and conditions of this Agreement, without cost.
28. Aaplicability of Agreement To Assignees. This Agreement shall be binding upon and shall
inure io the benefit of the successors and assigns of the parties to this agreement.
29. Authority to Execut Agreement. Each undersigned represents and warrants that its
signature herein below has the power, authority and rfght to bind their respective parties to each of
the terms of this Agreement, and shalt indemnify City fully, including reasonable costs and attomeys
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.
5
25A-10
30. Incorooration of Exhibits. All Exhibits referenced herein and attached hereto shalt be
incorporated as if fully sst €orth in the body of this Agreement.
The parties have executed this Agreement as of the date written below.
SELLER: Pieper Properties, a California general partnership
Its: _ P~~~~ ~ Dated
~~n_rn~
CITY/BUYER:
CITY QF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
BY: Dated
Maria D. Huizar
Cteric of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
BY.
J s and val
a aging Senior Assistant City Attorney
6
25A-11
EXHIBIT "A"
LEGAL DESCRIPTION
Real Property in the City of Santa Ana, County of Orange, State of California, ttescribed as follows:
LEGAL bESCRxpTJ[ON
Real property in the City of Santa Ana, County of Orange, State of California, described as
follows:
LOT 183 AND 184 OF TRACT NO. 1192, iN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17, MISCEI.IANEQUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN:015-194-37
7
25A-12
EXHIBIT "B"
GENERAL ESCROW PROVISIONS
AI! disbursements shall be made by Escrow's Check. All funds received in this escrow shall be deposited
in one or more of your general escrow accounts with any bank doing business in the State of California
and may be transferred to any other general escrow account or accounts. The expression "close of
escrow" means the date on which instruments referred to herein are filed for record. All adjustments are
to be made on the basis of a 30-day month. Recordation of any instruments delivered through this
escrow, if necessary or proper in the issuance of a policy of title Insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documen#s deposited in this escrow to the fender or lenders, the real estate broker or brokers andlor the
attorney or attorneys involved in this transaction upon request of such fenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to Phis escrow or the rights of any of the parties hereto, or any money or property deposited
herein affected hereby, you shaft have the right to discontinue any or all further acts on your part until such
conflict is resolved to your satisfaction, and you shaft have the further right to commence or defend any
action or proceedings for the determination of such conflict, The parties hereto jointly and severally agree
to pay all costs, damages, judgments and expenses, including reasonab}e attorney's fees, suffered or
incurred by you in connection with, or arising out of this escrow, including, but without limiting the
generality of the foregoing, a suit in interpleader brought by you. In the event you fie a suit in
interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you
in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable
monthly charge as custodian thereof of not Tess than $30.00 per month.
Time fs declared to be the essence of these instructions. if you are unable to comply within the time
specified herein and such additional time as !s required to make an examination of the official records, you
will return all documents, money or property to the party entitled thereto upon satisfactory written demand
and authorization. Any amendment of and/or supplement to any instructions must be in writing. The
seller agrees to sell and the buyer agrees to buy the properly herein described upon the terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each
of which independently shall have the same effect as if it were the original, and al! of which taken together
shall constitute one and the same instruction.
8
25A-13
25A-14
ALL INCLUSIVE SETTLEMENT AGREEMENT
This Agreement ("Agreement") is made by and between the City of Santa Ana Public
Works Agency, a public body, cozporate and politic ("Agency") and Raul Tones Morfin dba
Zapateria Guanajuato ("Tenant"). The Agency and Tenant aze hereinafter sometimes referred
collectively as the "Parties."
RECITALS
A. Tenant operates a business, commonly known as Zapateria Guanajuato, located at
303 N. Bristol St., Santa Ana, CA {the "Property").
B. The Agency acquired the Property on January 29, 2010 for the Bristol Street
Widening Project.
C. The Parties desire to resolve all issues relating to the Agency's acquisition of the
Property in accordance with the terms and conditions set forth below.
D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other
consideration given in connection with this Agreement are the result of a compromise
and settlement of disputed claims, and shall never, at any time or for any purpose, be
considered an admission of liability or responsibility on the part of any of the parties
herein released.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants hereinaftez• set forth, it is hereby agreed by and among the Parties that:
1. Consideration
{a) The Agency shall pay to Tenant the sum of $225,OOO.OQ (Two Hundred Twenty
Five Thousand Dollars) (Tenant Settlement Payment) as total compensation for
relocation assistance and any and all related expenses and claims as more fully
described in paragraph 1(b) belouT. Upon full execution of this Agreement, the
Agency will begin processing an initial payment, payable to Raul Tones Mozfin
dba Zapateria Guanajuato and Nicholas Mosich, in the amount of $150,000.00.
The Agency will make the final payment to Raul Torres Morfin dba Zapateria
Guanajuato and Nicholas Mosich in the amount of $75,000.00, less any
deductions described in paragzaphs i (c) and (d} of this Agreement, after Tenant
vacates the Property, signs a Certificate of Abandonment, provides all keys to the
Property to the Agency or to the Agency's relocation consultant, and provides
written verification that all hazardous materials have been legally and properly
moved.
(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above
constitutes full satisfaction of any and all obligations of the Agency to Tenant,
including, without limitation, any obligations for relocation assistance, relocation
benefits, moving expenses, interest of any kind in the real estate and leasehold,
Loss of business goodwill, compensation for personal property (lass of inventory),
1 of 7
25A-15
furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
damages of any nature.
(c) Tenant agrees to vacate the premises by no later than July 31, 2010 (Vacate Date).
Should Tenant remain in occupancy beyond the Vacate Date, a Two Hundred
Fifty Dollar ($250) per day penalty will be deducted from Tenant's Settlement
Payment, for each day of occupancy beyond the Vacate Date unless a written
z•equest for an extension has been submitted and consequently approved by the
Agency or its Agents.
(d) Tenant hereby agrees that Agency may remove and dispose of any personal
property or trash that has not been moved upon the Vacate Date, as it elects and
desiz•es, without any notice to Tenant.
(e) Payment will be made for Relocation Expenses in the amount of $37,550.
(f) Payment will be made for Loss of Business Goodwill and Leasehold Bonus Value
in the amount of $187,450.
2. Release
(a) Nothing contained herein shall constitute a release or discharge by either party for
any of the undertakings of the other party to this Settlement Agreement. This
Agreement shall serve as a full release and discharge by the Parties, on behalf of
themselves, their agents, representatives, assigns, trustees, administrators,
attozneys, heirs, relatives, spouses, ex-spouses, beneficiaries, and successors in
interest, in consideration of the mutual covenants and promises contained herein,
of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
and those parties' accountants, other professionals, agents, representatives,
assigns, employees, administrators, trustees, insurers, attorneys, heirs,
beneficiaries, and successors in interest (collectively the "Released Parties"), from
all rights, claims oz• cross-claims, demands, actions, or causes of action, including
those for damages, compensation, relocation assistance, relocation benefits, loss
of goodwill, property interest, compensation for personal property (loss of
inventory), furniture, textures and equipment, punitive damages, interest, casts,
attorney's and appraisal fees, injunctive or declaratory relief, or• for relief by way
of writ of mandate, or for demands, damages, z•efunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
causes of action of whatever kind, at law or in equity, that the Parties have now or
may have against any of the Released Parties arising from the facts and
circumstances described in this Agreement including but not limited to (1) the
acquisition of the Property by the Agency, {2) Tenant's leasehold interest, if any,
in the Property (or any portion thereof) or (3) any other right or interest Tenant
may have, assert, or claim by reason of Agency's actions or failure to act,
including, but not limited to, any claim to relocation assistance, relocation
benefits or compensation for property or loss of goodwill from the Agency.
2 of 7
25A-16
(b) In making this release, the Parties intend to and do release, acquit and dischazge
the Released Parties, and each of them, from any liability of any nature
whatsoever far any claim, injury, damages, or equitable or declaratory relief of
any kind, whether the claim, or any facts on which such ciairn might be based, is
known or unknown to the party possessing the claim. Each party expressly
acknowledges and waives any and all rights under Section 1542 of the California
Civil Code, which the Parties understand provides as follows:
A general release does not extend to claims which the creditor does not know or•
suspect to exist in his/her favor at the time of ea:ecartang the release, which if
known by hirn/her must Dave materiall,7~ affected has/hej• settlement with the
debtor.
Each party acknowledges the foregoing waivez• of the provisions of California
Civil Code Section 1542 was separately bargained for and expressly consents that
this Agreement shall be given full force and effect in accordance with each and all
of its expzess terms and provisions, including those terms and provisions relating
to unknown or unsuspected claims, demands and causes of action, if any, to the
same effect as those terms and provisions relating to any other claims, demands
and causes of action herein above specified.
(c} Each party acknowledges that it may hereafter discover facts or law different fiom
or in addition to those which it now believes to be true with respect to the release
of claims. Each party agrees that the foregoing release shall be and remain
effective in all respects notwithstanding such different or additional facts or law
or any party's discovery thereof. The Parties shall not be entitled to any relief in
connection therewith, including, bu# not limited to, any damages or any right or•
claim to set aside or rescind this Agreement.
(d) None of the Parties or their respective agents nor any related entities have made
any statement or presentation to the other regarding any fact relied upon in
entering into this Agreement and the Parties, and each of them, expressly do not
rely upon any statement, representation or promise of any other party or• nay
party's agent or related entities in executing this Agreement, except as is
expressly set forth herein. Each of the Parties has made such investigation of the
facts and Iaw pertaining to the subject matter of this Agreement as it deems
necessary, and has consulted with legal counsel of its own choosing concerning
these matters.
(e} Tenant hereby represents and warrants as of the Effective Date of this Agreement
that (1} to its actual knowledge, no other entity or person has any tight, title, or
interest whatsoever in the released claims, and (2) that there has been no
assignment, transfer, conveyance or other disposition by Tenant of any of the
released claims, and that Tenant will not make any such assignment, transfer,
conveyance or other disposition subsequent to the Effective Date of this
Agreement. Tenant acknowledges that the Authority has relied and is relying
upon such representations and warranties in entering into this Agreement.
• 3 of 7
25A-17
{f) Tenant will Hold Hazrnless and defend Agency, its employees, agents, contractors
or representatives from any claims that may arise fiom Tenant's nondisclosure of
any other interests in the Property or personal property referenced by this
agreement.
(g) This Agreement represents a settlement of doubtful and disputed claims between
the Parties and does not constitute any admission of liability by either party to the
other party to this Agreement. Agency has delivered to Owner an offer to
purchase the Property under threat of eminent domain pursuant to Government
Code Section 7267.2. Tenant and Agency now wish to enter into this Agreement
in lieu of eminent domain proceedings.
3. Third Party Beneficiaries
Except as explicitly set forth herein, nothing in this Agreement is intended to create any
third party beneficiaries under this Agreement, and no person or entity other than
Authority and Tenant shall be authorized to enforce the provisions of this Agreement.
4. Attorney's Fees
In the event of litigation relating to or arising out of this Agreement, the prevailing party
shall be entitled to be reimbursed by the non-prevailing party for all reasonable costs and
expenses incurred thereby, including, but not limited to reasonable attorney's fees and
costs for services rendered to such prevailing party.
5. Indemnitv
Each party shall indemnify, defend and hold the other party and the Released Parties
harmless from and against any claims, damages, demands, liabilities, losses, judgments,
expenses and attorney's fees and/or costs resulting from the breach by such indemnifying
party of any provision of this Agreement, the falsity of any representation or warranty
made by the indemnifying party contained in this Agreement.
6. Entire Agreement
This Agreement together contains the entire Agreement of the Parties, and supersedes
any prior written or oral agreements between them, concerning the subject matter of this
Agreement.
7. PartialInvalidity
In the event that any term, covenant, condition or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shalt continue in full force and effect.
4 of 7
25A-18
8. Waiver and/or Modification
The provisions of this Agreement may not be waived, altered, amended or repealed, in
whole or in part, except upon a written agreement signed by each of the Parties. The
waiver by one party of the performance of any provisions of this Agreement shall not
invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof.
9. Hea
The headings, subheadings and numbering of the different paragraphs of this Agreement
are inserted for convenience and for reference only and shall not be considered for any
propose in construing this Agreement,
10. Govemin Law
The rights and obligations of the Parties under this Agreement shall be construed and
enforced in accordance with, and governed by, the Laws of the State of California.
I l . Successors In Interest
Subject to any restz•ictions against assignment contained herein, this Agreement shall
inure to the benefit of, and shall be binding upon, the assigns, successors in interest,
personal representatives, executors, estates, heirs, legatees, agents and related entities of
each of the Parties.
12. Necessarv Acts
Each of the Parties agrees to perform such further acts, and execute and deliver such
further documents, as may be reasonably necessary to carry out the provisions of this
Agreement.
13. Advise of Counsel
The Parties, and each of the, acknowledge that in connection with the negotiations and
execution of this Agreement, they have each been represented by independent counsel of
their own choosing and the Parties executed the Agreement after review by such
independent counsel; or, if they were not so represented, said non-representation is and
was the voluntary, intelligent and informed decision and election of the party not so
represented; and, prior to executing the Agreement, each party has had an adequate
opportunity to conduct an independent investigation of all the facts and circumstances
with respect to the matters which are the subject of this Agreement including but not
limited to the advisability of entering into this Agreement and the meaning of California
Civil Code Section 1542.
I
5 of'7
25A-19
14. Authority to Execute This Agreement
Each person executing this Agreement on behalf of an entity represents that he or s}ie is
authorized to execute this Agreement on behalf of that entity and to bind that entity to the
terms of this Agreement.
15. Construction
Each party has cooperated in the drafting and preparation of this Agreement. In any
consti•~iction to be made of taus Agreement, or of any of its terms and provisions, the
same shall not be construed against any party.
16. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original and, when taken together with other signed counterparts, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
17. Voluntary A •eement
The Parties, and each of them, further represent and declare that they have carefully read
this Agreement and know the contents thereof, and that they sign the same freely and
voluntarily.
18• Notices
A11 notices, requests, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall either be delivered personally or
be sent by telegram or by regular or certified first class mail, postage prepaid, deposited
in the United States mail, and properly addressed to the party at its address set forth
below, or at any other address that such party may designate by written notice to the other
party:
To Agency: Souri Amirani
Deputy City Engineer
City of Santa Ana Public Works Agency
24 Civic Center Plaza, M-36
Santa Ana, California 92701
To Tenant: Raul Tones Morfin
Zapateria Guanajuato
C/O Law Office of Nicholas J. Mosich
2204 E. Fourth St., #100
Santa Ana, CA 92705
Gof7
25A-20
19. Jurisdiction and Venue
Any action or proceeding concerning this Agreement shall be filed and prosecuted in the
appropriate California court in the County of Orange, California. Each party hereto
irrevocably consents #o the personal jurisdiction of the court. The Parties each hereby
expressly waive the benefit of any provision of law providing for a change of venue to
any other court, including, without limitation, federal Agency court, due to any diversity
of citizenship between the Parties or due to the fact that either the Authori#y is a party to
such action or proceeding. Wi#hou# limiting the generality of the foa•egoing, the Parties
specifically waive any rights provided #o it pursuant #o California Code of Civil
Procedure Section 394 or other state or federal statutes or judicial decisions of similar
effect.
1N WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the
date first written above.
TENANT: Zapateria Guanajuato
z
~-tG"~ /p
Raul Torres Morfin Title Tax Identification No. Date
APPROVED AS TO FORM:
BY: 1.-f~- '3". C'~~,~1., Dated `i - ~ t~ ° ~ i t~
Nicholas J. Mosich
Tenant Legal Counsel
CITY OF SANTA ANA
BY. Dated
David N. Ream
City Manager
ATTEST:
Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorne ~ ,
BY:
. ~ Dated f
Sandoval
Ma ,aging Senior Assistan# City Attorney
7 of 7
25A-21
25A-22
REQUEST FOR
COUNCIL ACTION ~
~a~
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 17, 2010
TITLE: APPROVED
? As Recommended
AGREEMENT FOR A COMPUTER AIDED ? As Amended
? Ordinance on 1ST Reading
DISPATCH SYSTEM MAINTENANCE ? ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
~ ~C FILE NUMBER
CITY M NAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an agreement with TriTech
Software Systems for maintenance support to the Fire Department's computer aided dispatch
system in an amount not to exceed $119,867 for a one year period, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The Fire Department's Computer Aided Dispatch (CAD) system was upgraded in September 2006.
TriTech Software Systems is provider of this service, and provides maintenance to their proprietary
hardware, software, and software interfaces. The system provides for the dispatching of
emergency vehicles and the transfer of data to mobile data computers (MDC) located in these
vehicles. Because of the proprietary nature of the equipment and software, the Fire Department is
recommending entering into an agreement with TriTech to provide maintenance to the
department's CAD system.
FISCAL IMPACT
Funds are available in the FY 2009!10 Fire Department's Information Technology, Other Contract
Services -Professional account (AU/Acct no. 0111534062300) in the amount of $119,867.
APPROVED AS TO FUNDS AND ACCOUNTS:
Marc Martin Francisco Gutierrez
Fire Chief Executive Director
Fire Department Finance & Management Services Agency
25B-1
25B-2
'TRiTECH
April 1, 2010
Santa Ana Fire Communications
Attn. Dave Turner/Amanda Laser
120 W. Walnut
Santa Ana, CA. 92701
Renewal of Software Support Agreement
This letter is an important notice to renew your Software Support Agreement for your Tritech Software
System, which will expire on May 31, 2014. The renewal of the Software Support Agreement will allow you
to continue to take advantage of the software support and maintenance services provided by TriTech Software
Systems and allow you to receive upgrades to your TriTech System.
Please complete and sign this Support Renewal Agreement and return it to TriTech along with your payment
to assure uninterrupted software support and maintenance services coverage. Action on this Support Renewal
Ageement is time sensitive; services to support your system will not be provided if you have not paid your
Support Renewal Fee by the Expiration date of your Software Support Agreement.
1 riTech Support Services Renewal Agreement Amendment
Client agrees to renew its Software Support Agreement, the terms of which are incorporated by reference
herein as though set forth in full, and according to the terms and conditions included herein. Except as
modified herein, all other terms and conditions of the Software Support Agreement shall remain in full force
and effect. With respect to the content herein, in the event of any conflict between this Software Support
Renewal Agreement Amendment and the Software Support Agreement, the terms of this Software Support
Renewal Agreement Amendment shall control. This Support Renewal Agreement Amendment and
applicable support fees must be signed, paid and returned by June 1, 2010 to avoid any interruptions in the
software support and maintenance services provided by TriTech. Payment of $114,867.16 for this period is
due by June 1, 2010.
Consumer Price Index Adjustment
For support renewals that go into effect within calendar year 20l 0, the support renewal fee has been
increased by the consumer price index (CPI) rate of 0%.
Note: Escrow, ESRI and GDT Fees aze calculated separately and added to your annual support fee.
Payment
For your convenience, we have enclosed an invoice for the full amount of the TriTech Support Services
Renewal Fees covering period beginning June 1, 2010-May 31, 2011. if you have any questions, please contact
Diana Sliwicki or your Client Account Manager at 858-799-7000.
9860 Mesa Rim Road
San Oiego, CA 92121
958.799.7000
FAX: B58J99.7010
www.triiech. com
25B-3
The Support Renewal Agreement for TriTech Support Services is based upon the following
TriTech Software licenses:
Ci of Santa Ana Fire . .
Product Name # of Cast per Total Support Term
z Licenses license LicenseCost 6/1/10-5131/11
Old licenses _
VisrCAD F Server Software - _ _ _ _
99ti8.70
_ 1 - --~000TO -4,000.00 _
iCAD Fire/EMS Workstation Software
E911 Interface Software _ 5 29600.00 148,000.00 31,390.80
- 1 1,300.00 1,300.00 275.73
Al ha Numeric Pa in Interface Software
-~__8.._. 1 - 4,500.00 4,500.00
SIMMS Radro Interface Software V _ . 954.45
- - - 2,969.40
.
1 14,00000 14,000.00 .
_ _ -
_
Enhancement for SIMMS II Interface Software
-
1 45,000.00 45,000.00
CAD to Station Printer Software 954450
?rioQA Interface SoBware _ 1 6,250.00 6,250.00 1,325.63
1 11,600.00 11,6(10.00 2,460.36
VisiCAD F~ RMS Interface Software . _
l 20,000.00 20,000.00 ---...4,242.00.
NevvLicenses from 3357
VuiCAD rckest Path Dis atch _ _ _
1 25,000.00 --25,000.04 - 6,006.00
QSLmkUhlit License -
VisiCAD Ceo&le Cross Reference (Point n Pol on Module ? 15'~ ~ 15'000.00 3,603'60
VisrCAD Des etch Rules Module . _ 1 2500.00 2,500.00 600.60
• _
Yrs iCAd SOP Module _ 1 - . 2,500.00 _ 2,500 00 600.60
-
1 7 500.00 ? 500.00 _
VisiCADAdvaneedTimersModuk; 1,801.80
VrsrNet Browser - 1 5,000.00 5,000.00 1,201.20
1 25,350.00 25,350.00
VisiCAI)Test/Tramin ServerSW License -
i io,ooo.oo ~~1o;ooa-oo
VisiCAD TestfCraaning User SW license
1 3,000.00 3,004.00 720.E
Custom Station Alerting Interface 1 ~ ~ ~
V>SrNetMobiletoCADInterface - _ -
1 0.00 - - -aoo
YrsiPlet Mobile Server _ 0.00
1 15,000.00 15,000.00 3,603.60
vtsrNet Mobile Mapping Server _ 1 5,000.00 5,000.00
V>SiNet Mobile Base Client License 1,201.20
35 500.00 17 500.00 4,204.20
_
VisiAIet Mobile Ma m License w/AVL
35 -
_ 300.00 10,500.00 2,522.52
VisiCAD Controlling Dispatcher Module
-.------••-._-__.---,_._...._a~... .----5'000;{10 5,000.00 _ 0.00
Archive and rtin Server _
-~-R 1 ___18,-500.00 18,500.00 _ 4,444.44
tandan~ V~siCAD Advanced CAD to CAD Interlace License ~ - ~
Un$ Swa - I 38,500-~ 38,5{10.00 9,249.24
Ic] _.-1 T - 2,500.00 ~500~00 366.67
_ ..,Total SupportBase Cost: 696,200.00
_ -Total Support Renewal Fee 118,477.16
.
FSRIFees
640.00
. . FscrowFee
750.00
.l_...._
' Total Ad'usted Support Renewal Fee: 119 67.16
'NOTFS•
[b] one 35 installed as ofMarch 10. 45 total~urchased - -
c] Su ort . _ . _
,~._.._.~p„___paad 10/1/09-9/30/l~rorated 8months _ .
i kSRI Fees 6 User licenses and 2 CdS Link $80.00 each -
__._..__._.~---s___-_____-.
Wr71 contact client prior to 2011 renewal for amount of licenses in use
25B-4
IN WITNESS WHEREOF, the Parties have executed this Renewal of Software
Support Agreement on May 4, 2010.
CITY OF SANTA ANA TRITECH SOFTWARE SYSTEMS
~-~.~c,_
DAVID N. REAM BLAKE CLARK
City Manager CFO
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Joseph Straka
Assistant City Attorney
25B-5
a ~ - ~ ~ . 17378.
. _ . .
TECH
9OFTU.,/A~E 9YSTEI~1js. -
' Post Office Box #8T, 392 - .
oauas:ix'~szs~-iss2 4/1!20.10
case) r~~ooo
Bill Tae pAa~: ~ _
_ Ship To_ _
City of Santa Ana Fite C);~pi;
12Q VY. Walnut -City of Sarita A~a:1=ire De~~;
. Attn:: Arvada Laser _ ~ ....120:1/V. Walnut - ,
' Barite Ana CA 927!?'!' - Attn. Amaaa Laser
• ~ Santa.,Ana C~ 927Q1
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S~#NTA ANr ~ _ • .
Net $0 ,
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1 4300-fi0 Customer Support - 6/1170-5/3if1.1 Ea _
$0.00 $119,867.16.. $'}19,867.16
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25B-6
REQUEST FOR a
COUNCIL ACTION ~ h.
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
MAY 17, 2010
TITLE: APPROVED
? As Recommended
CONDITIONAL USE PERMIT N0.2010-02 FORA ? As Amended
60-FOOT HIGH MONOPINE WIRELESS FACILITY ? Ordinance on 1S` Reading
? Ordinance on 2nd Reading
AT 1209 EAST WAKEHAM AVENUE -SEQUOIA ? Implementing Resolution
DEPLOYMENT SERVICES, APPLICANT ? Set Public Hearing For
n CONTINUED TO
,l ~ .
~~1-Zc.~,~ D ? ~i - FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Receive and file the staff report approving Conditional Use Permit No. 2010-02 as conditioned.
PLANNING COMMISSION ACTION
On April 12, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit
No. 2010-02 as conditioned by a vote of 7:0 to allow the construction of a 60-foot high monopine for
T-Mobile in the Light Industrial (M-1) zoning district at 1209 East Wakeham Avenue. 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.
~ ~ r
J~y .Trevino
Executive Director
Planning & Building Agency
LDY:rb
IdyVeports\CUP 2010\cup 10-02 T-Mobile 1209 E. Wakeham.cc
Exhibit: A. Planning Commission Staff Report
31 A-1
i
31 A-2
REQUEST FOR
Planning Commission Action _
PLANNING COMMISSION MEETING DATE: ~4,' ,
PLANNING COMMISSION SECRETARY
APRIL 12, 2010
TITLE: APPROVED
PUBLIC HEARING -FILED BY SEQUOIA ? As Amendedended
DEPLOYMENT SERVICES FOR CONDITIONAL ? Set Public Hearing For
USE PERMIT N0.2010-02 FORA 60-FOOT DENIED
HIGH MONOPINE WIRELESS FACILITY ? Applicant's Request
AT 1209 EAST WAKEHAM AVENUE ? Staff Recommendation
CONTINUED TO
Prepared by Larry D. Yen lin
~Gtc~
cutive Director Planning Man ger
RECOMMENDED ACTION
Adopt a resolution approving Conditional Use Permit No. 2010-02 as conditioned.
DISCUSSION
Reauest of Applicant
Sequoia Deployment Services, representing T-Mobile, is requesting approval of a conditional use
permit to allow the construction of a 60-foot high monopine at 1209 East Wakeham Avenue.
Property Description
The property is located within the Light Industrial (M-1) zoning district and has a General Plan land
use designation of Industrial (IND) (Exhibit 1}. The property is on the west side of South Grand
Avenue off of East Wakeham Avenue, which is a dead-end street. The entire area consists of
industrial uses (Exhibit 2). The subject property is owned by Grand Wakeham LLC, and is the
location for Envelopments, Inc., and is approximately .83 acres in size, rectangular in shape and
improved with an industrial building.
Project Description
T-Mobile is proposing to construct a 60-foot high wireless facility stealthed as a monopine. This
facility will provide increased cellular coverage and call capacity in this area. The branches will reach
a height of 65 feet to look like a natural tree. Equipment will be installed in a small area at the very
back of the site and enclosed by a seven-foot high wrought iron enclosure at the base of the tree.
Climbing vines will be planted around the enclosure and a new pine tree will be planted at the front of
the enclosure (Exhibits 3 through 6).
EXHIBIT A
31 A-3
CUP No. 2010-02
April 12, 2010
Page 2
The proposed wireless facility will be for three arrays with four panel antennas on each side, for a total
of 12 panel antennas which will be camouflaged as a Canary Island Pine Tree to be located within the
base enclosure. The leased site is behind the industrial building at the very back corner of the
property almost 300 feet back from the street. The entire east side of the property is the wall of an
adjacent building and other industrial buildings surround this site.
Analysis of the Issues
In July 1998, the City Council adopted an ordinance that regulates Wireless Communication facilities
throughout the City. Major wireless facilities are required to have a stealth design and be located on
a building or in an area that provides the greatest amount of visual screening. These antennas also
require the approval of a conditional use permit. A monopine design will provide the greatest stealth
for this facility in this area. The facility is located in an industrial area and is not near residential
uses. In addition, the structure will be designed to allow co-location by another provider. Further, all
wiring and conduit will be underground or hidden within the interior of the monopole.
The applicant has explored alternatives to this monopine, including providing a roof mounted facility
on the existing building and co-locating on another facility. The height of the building does not provide
the necessary height for transmission and there are no facilities close enough to provide the
necessary coverage and capacity that T-Mobile requires.
A facility designed as a monopine would provide the best stealth possible for this location, This
location is also optimum to provide the coverage necessary for existing and expanding service. The
proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists
who subscribe to T-Mobile by closing service gaps in the area. Equipment for the facility will be
located in a new enclosure at the base of this monopine and will be screened with a wrought iron
fence and additional landscaping. The proposed wireless facility complies with the City's Wireless
Communications Facility Ordinance and will provide needed service to this area of the City.
The project is consistent with the goals and objectives of the General Plan. Further, the project has
been designed to accommodate potential future users on this facility. Based upon the above analysis
and findings, staff recommends approval of Conditional Use Permit No. 2010-02 as conditioned.
CUP No. 2010-02
April 12, 2010
Page 3
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 15303. This
Class 3 exemption allows in-fill developments for the construction and location of limited numbers
of new, small facilities or structures. Categorical Exemption Environmental Review No. 2009-151
will be filed for this project.
w
Lar D. Yenglin, AI P Vince Frego , AIC
Associate Planner
Principal Planner
LDY: jm
Idylreports\CUP 20101cup t0-02 T-Mobile 1209 E. Wakeham.pc
31 A-5
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CUP 10-2
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1209 EAST WAKEHAM AVENUE ~
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~ T MOBILE MONOPINE
1209 EAST WAKEHAM AVENUE
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
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31 A-12
ko:4/6/10
RESOLUTION NO. 2010-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA APPROVING CONDITIONAL
USE PERMIT NO. 2010-02 TO ALLOW A 60-FOOT HIGH
MONOPINE WIRELESS FACILITY FOR THE PROPERTY
LOCATED AT 1209 EAST WAKEHAM AVENUE
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA
AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Conditional Use Permit No. 2010-02 came before the Planning
Commission of the City of Santa Ana for a duly noticed public hearing on
April 12,2010.
B. Conditional Use Permit No. 2010-02 has been filed with the City of Santa
Ana seeking to allow a 60-foot high monopine wireless facility at for the
property located at 1209 East Wakeham Avenue.
C. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional
Use Permit is required for major wireless facilities.
D. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
The proposed 60-foot tall cellular monopine will provide a
service to Santa Ana residents, businesses and motorists
who subscribe to T-Mobile services by reducing the gaps in
digital cellular service and providing additional calling
capacity for its users, especially for those users traveling
within the central sector of Santa Ana.
2. Will the proposed use under the circumstances of the particular case
be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity?
Resolution No. 2010-06
Page 1 of 6
31 A-13
Federal law exempts local jurisdictions from regulating health
related issues as these issues are covered under Federal
laws. However, the proposed facility will be in compliance
with both the Federal Communications Commission (FCC)
and Federal Aviation Administration (FAA) safety regulations.
3. Will the proposed use adversely affect the present economic stability
or future economic development of properties surrounding the area?
The proposed monopine, in conjunction with the proposed
landscaping, will be compatible with the surrounding area and
will not adversely affect the economic viability in the area.
The stealth appearance will be the major solution to
maintaining and increasing the economic stability for this
industrial area.
4. Will the proposed use comply with the regulations and conditions
specified in Chapter 41 for such use?
The cellular facility has been designed to comply with the
regulations and conditions identified in Chapter 41 of the
Santa Ana Municipal Code for a major wireless facility.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed monopine facility will not adversely affect the
General Plan as cellular facilities that are designed to be
compatible with the surrounding environment are consistent
with the goals and objectives of the Industrial (IND) General
Plan designation.
E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act. The recommendation is exempt
from further review pursuant to Section 15303. This Class 3 exemption
allows in-fill developments for the construction and location of limited
numbers of new, small facilities or structures. Categorical Exemption
Environmental Review No. 2009-151 will be filed for this project.
Section 2. The Planning Commission after conducting the public hearing hereby
approves Conditional Use Permit No. 2010-02 as conditioned in Exhibit "A" attached
hereto and incorporated herein. This decision is based upon the evidence submitted at
the above said hearing, which includes but is not limited to: the Request for Planning
Commission Action dated April 12, 2010 and exhibits attached thereto; and the public
testimony, all of which are incorporated herein by this reference.
Resolution No. 2010-06
Page 2 of 6
31A-14
ADOPTED this 12th day of April, 2010 by the following vote:
AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner,
Walters, Yrarrazaval (7)
NOES: Commissioners: None (0)
ABSENT: Commissioners: None (0)
ABSTENTIONS: Commissioners: None (0)
Eric Alderete
Chairman
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2010-06 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on April 12, 2010.
Date:
Planning Commission Secretary
City of Santa Ana
Resolution No. 2010-06
Page 3 of 6
31 A-15
Conditions for Approval for Conditional Use Permit No. 2010-02
Conditional Use Permit No. 2010-02 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 rior to
exercising the rights conferred by this conditional use permit.
The applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
A. Planning Division
1. The applicant must comply with all conditions and requirements of the
Development Review Committee for the development project (DP 2009-56).
2. Any amendment to this conditional use permit must be submitted to the
Planning Division for review. At that time, staff will determine if
administrative relief is available or the conditional use permit must be
amended.
3. The proposed monopine shall be constructed as per approved plans and
the existing landscaping shall be protected in place during the construction
period for the 60-foot monopine facility.
4. The proposed monopine shall be constructed per the following
specifications:
a. The monopine should have 3.1 branches per foot for full density
coverage with limited spacing between the branches; 70 percent of the
branches should be eight feet or longer.
b. Branch disbursement should be random so that longer branches and
shorter branches are intermingled to give a natural appearance.
c. Branches should exceed all antennas by a minimum of 12 inches.
d. Branches should start at 15 feet above the ground.
e. There should be a minimum space of seven feet between the top of
the antenna and the top of the branches.
f. Branches should have an upward sweep similar to that of actual
Canary Island Pines.
Resolution No. 2010-06
Page 4 of 6
31 A-16
g. Branch foliage color should be an olive green with some brown
"needles" to match an actual Canary Island Pine. A sample should be
submitted for approval prior to fabrication.
h. Full bark cladding with a custom color should be submitted for approval
prior to fabrication.
i. All antennas shall be covered with "pine antenna socks" that match the
approved foliage color.
j. All "stand-off mounts" and support pipe mounts shall be concealed
behind antennas and painted a darker shade or green (or black) with a
"flat" paint finish to reduce reflection and visibility of the mounting.
k. Include the tree specifications (selected manufacturers and models)
with photo simulations (also a site plan review requirement).
I. Show the location of the GPS antenna on all elevations.
m. Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not
acceptable.
n. Provide a note on the plans stating "install underground utilities
sleeving for two carriers during construction of the structure." Shrouds
on the outside of the pole are not acceptable.
o. All exterior conduit and electrical meters shall be installed and
screened in one metal enclosure painted to match the structure.
5. Two live pine trees, each a minimum 36-inch box, are to be planted to the
west and south of the monopine to provide additional stealthing of this
facility.
6. The permit applicant recognizes that the frequencies used by the cellular
facility located at 1209 East Wakeham Avenue are extremely close to the
frequencies used by the City of Santa Ana for Public Safety. This
proximity will require extraordinary "comprehensive advanced planning
and frequency coordination" engineering measures to prevent
interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by
the Association of Public-Safety Communications Officials-International,
Incorporated (APCO), and as endorsed by the Federal Communications
Commission (FCC). Prior to the issuance of any permits to install the
facility, (permit applicant) shall meet in good faith to coordinate the use of
frequencies and equipment with the Communications Division of the
Orange County Sheriff-Coroner Department to minimize, to the greatest
Resolution No. 2010-06
Page5of6
31 A-17
extent possible, any interference with the Public Safety 800 MHz
Countywide Coordinated Communications System (CCCS). Similar
consideration shall be given to any other existing or proposed wireless
communications facility that may be located on the subject property.
7. At all times, the permit applicant shall not prevent the City of Santa Ana
from having adequate spectrum capacity on the City's 800 MHz radio
frequency.
8. Before activating its facility, the permit applicant will submit to a post-
installation test to confirm that "advanced planning and frequency
coordination" of the facility was successful in not interfering with the City of
Santa Ana Public Safety radio equipment. This test will be conducted by
the Communications Division of the Orange County Sheriff-Coroner
Department or a Division-approved contractor at the expense of the
applicant. This post-installation testing process shall be repeated for
every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
9. The permit applicant shall provide a 24-hour phone number to which
interference problems may be reported. This condition will also apply to
all existing facilities in the City of Santa Ana.
10. The permit applicant will provide a "single point of contact" in its
Engineering and Maintenance Departments to insure continuity on all
interference issues. The name, telephone number, fax number and a-mail
address of that person shall be provided to the City's designated
representative upon activation of the facility.
11. The permit applicant shall insure that lessee or other user(s) shall comply
with the terms and conditions of this permit, and shall be responsible for
the failure of any lessee or other users under the control of permit
applicant to comply.
12. The permit applicant shall provide a coverage and cell site location map
for each existing and proposed facility in Santa Ana.
13. Locate all equipment and related appurtenances (Appleton plug and
electric meter) on the inside of the existing equipment enclosure or inside
the building and underground all electrical power from the utility source
shown on the approved site plan.
14. Conditional Use Permit No. 2010-02 expires 10 years from the date of City
Council approval.
Resolution No. 2010-06
Page 6 of 6
31 A-18